WORLD TRADE
ORGANIZATIONG/SG/N/1/LTU/2
12 March 2002
(02-1243)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS, REGULATIONS AND ADMINISTRATIVE
PROCEDURES RELATING TO SAFEGUARD MEASURES
LITHUANIA
The following communication, dated 14 February 2002, has been received from the
Permanent Mission of Lithuania.
_______________
With reference to Article 12.6 of the Agreement on Safeguards, Lithuania hereby notifies its
national legislation relevant to safeguard measur es – “Law on the Amendment of the Law of the
Republic of Lithuania on Safeguard Measures” No. IX-626 adopted by the Parliament of Lithuania on
4 December 2001.G/SG/N/1/LTU/2
Page 2
Official translation
LAW ON THE AMENDMENT OF THE LAW OF
THE REPUBLIC OF LITHUANIA ON SAFEGUARD MEASURES
4 December 2001 No. IX-626
Vilnius
Article 1 Revised Version of the Law of the Republic of Lithuania on Safeguard
Measures
The Law on Safeguard Measures shall be amended and set forth to read as follows:
LAW OF THE REPUBLIC OF LITHUANIA
ON SAFEGUARD MEASURES
CHAPTER ONE
GENERAL PROVISIONS
Article 1 Purpose of the Law
The purpose of the Law is to provide legal conditions for safeguarding domestic producers
from the introduction into the customs territory of the Republic of Lithuania  of imports causing
serious injury.
Article 2 Definitions
1. “ Serious injury ” means a significant overall impairment in the position of the domestic
producers when the increased imports of the product in question has an adverse effect on the
production of the like product, production capacity ut ilization, stocks of the product, its sales, the
share of the market taken by the product, the price of the product, profits, employment, etc.
2. “ Threat of serious injury ” means serious injury, clearly imminent to the domestic producers,
the determination of the existence whereof is based on objective evidence.
3. “ Customs boundaries of the Republic of Lithuania ” means the boundaries of the customs
territory of the Republic of Lithuania coinciding with the state border of the Republic of Lithuania,
except when otherwise provided for by the international treaties to which the Republic of Lithuania  isa party.
4. “ Customs territory of the Republic of Lithuania “ means the territory of the Republic of
Lithuania bounded by the customs border of the Republic of Lithuania, unless otherwise provided by
international treaties to which the Republic of Lithuania is a party.  For the purpose of this Law,products located in the free zone shall be considered as located outside the boundaries of the customs
territory of the Republic of Lithuania.
5. “ Like  product ” means a product identical in all respects to or having characteristics closely
resembling those of the product in question imported into the customs territory of the Republic ofLithuania; in the absence of an identical product, a product which has like characteristics or a product
which is in direct competition in the Lithuanian market with the product in question.G/SG/N/1/LTU/2
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6. “ Quota ” means quantitative restriction of imports of the product in question into the customs
territory of the Republic of Lithuania, expressed in the annually permitted quantity (in absolute or
value terms) of imports of the product.  A quota may be applied only where cases of imports into the
customs territory of the Republic of Lithuania caus ing serious injury have been established following
the conduct of the investigation specified in Article 4 of this Law (hereinafter referred to as theinvestigation).
7. “ Safeguard measures ” means measures restricting the imports into the customs territory of
the Republic of Lithuania of the product in question, which are applied by the Republic of Lithuania
in the form of a quota or customs duty.
8. “ Customs duty ” means a duty which may be applied as a provisional safeguard measure
during the investigation, where there has been a preliminary determination of the fact of imports of
the product in question causing serious injury, and as the final safeguard measure if it is determined at
the end of the investigation that there is positive evidence of imports into the customs territory of the
Republic of Lithuania of the product in question, which causes serious injury.
9. “ Interested parties ” for the purpose of the performance of procedures related to the
determination and application of safeguard measures means:
(1) the Lithuanian producers of the like products or trade or business associations, the majority of
the members of which are the Lithuanian producers of the like products;
(2) importers, foreign producers or exporters of the product in question or trade or business
associations the majority of the members of which are importers, foreign producers or
exporters of the product;
(3) the governments of the country of origin of the product in question or of the states from which
the product in question is imported into the customs territory of the Republic of Lithuania
(hereinafter - the governments of the country of origin or of the exporting country of the
product in question);
(4) Lithuanian undertakings which use the product in question for the production of their
products;
(5) the Government of the Republic of Lithuania  (hereinafter - the Government)  or other state
institutions;
(6) Lithuanian consumer protection organizations (public).10. “ Product in question ” means the product, the imports whereof into the customs territory of
the Republic of Lithuania is causing serious injury as defined in paragraph 12 of this Article.
11. “ Domestic producers ” means the producers as a whole of the like product or those whose
collective output of the like product constitutes a major proportion (over 50%) of the total production
of the like product in the customs territory of the Republic of Lithuania .
12. “ Imports causing serious injury ” means the increase in the imports of a product in greatly
increased quantities (absolute or relative to domestic production or consumption in Lithuania of a likeproduct) and/or on such terms and conditions as to cause or threaten to cause serious injury to the
domestic producers of the like product.  The application of safeguard measures to the countries -
Members of the World Trade Organization may be considered only in cases where both the above-
indicated conditions are met.G/SG/N/1/LTU/2
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Article 3 State Institution in Charge of the Implementation of this Law
1. The Law on Safeguard Measures shall be implemented by the Government and the institution
authorized by it.
2. The institution authorized by the Government (her einafter referred to as the Institution) shall
conduct investigation for the determination of imports causing serious injury, carry out reviews of the
application of safeguard measures, make determinations as to the initiation of investigation,
performance of a review, extension of the period of investigation, termination of investigation,
initiation of repeat investigation, also prepare and submit to the Government information, where, in
addition to other data, the facts and reasons must be specified, based whereon the application ofsafeguard measures, extension of their application period, liberalization or revocation of the safeguard
measures applied is proposed to the Government.
3. The Government shall adopt resolutions on the application of safeguard measures, the
extension of duration of the application, on the liberalization or revocation of the applied safeguardmeasures.
CHAPTER TWO
CONDUCT OF INVESTIGATION
Article 4 Purpose of Investigation
The purpose of investigation is to determine, on the basis of collected objective evidence,
whether or not imports of the product in question into the customs territory of the Republic ofLithuania are causing serious injury to domestic producers within the meaning of paragraph  12 of
Article 2 of this Law.
Article 5 Initiation of Investigation
1. An investigation to determine imports causin g serious injury shall be commenced after the
Institution receives a written application made out in accordance with the requirements laid down inArticle 6 of this Law, filed by the domestic producers and takes an appropriate decision.
2. If the volume of production of the like product by the producer who filed the application does
not account for a major proportion of the total production of the product in the customs territory of the
Republic of Lithuania, the application filed with  the Institution must be accompanied by the writtenapproval of the application requesting to conduct investigation, submitted by other domestic
producers of the like product.  The application requesting to conduct investigation shall be deemed
filed by the domestic  producers if approved of by the domestic producers of the like product who
collectively account for a major proportion of the total production of the like product (with the total
production of the like product by the producer who filed the application included) in the customsterritory of the Republic of Lithuania.
3. On the decision of the Institution, the investigation may be commenced even without the
application specified in paragraph 1 of this Article having been filed, if the Institution obtains
information from the association representing the domestic producers or the ministry within whose
sphere of regulation is the production of the like product and the information contains the evidence
indicated in Article 6 of this Law,  which is required to justify the conduct of the investigation.G/SG/N/1/LTU/2
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Article 6 Application Requesting to Conduct an Investigation
1. An application requesting to conduct an investigation of imports causing serious injury shall
include evidence of the existence of imports of the product in question causing serious injury, the
serious injury caused by it to domestic producers or the threat thereof and of the existence of thecausal link between the imports causing serious injury  and the injury.  The evidence shall be required
to justify the conduct of the investigation.  The application requesting to conduct an investigation
must include the following information:
(1) name, surname and address of the applicant if he is a natural person (if the applicant is a legal
person, its name and the address of its head office) and the volume of production of the like
product in absolute and value terms of the applicant and (if deemed necessary underparagraph 2 of Article 5) of each domestic producer who approves of the request to conduct
an investigation and their share (in percentage) in the total volume of production of the
product in the customs territory of the Republic of Lithuania;
(2) a complete description of the product in question so as to allow for its classification according
to the Combined Nomenclature of the Republic of Lithuania of Common Customs Tariffs and
Foreign Trade Statistics as well as import duties to which the product is subject;
(3) the names of the country of origin or exporting countries of the product in question;
(4) a complete description of the like product and the code number of the product according to
the Combined Nomenclature of the Republic of Lithuania of Common Customs Tariffs and
Foreign Trade Statistics;
(5) the names of the known exporters of the product in question;(6) the names of the known importers of the product in question;(7) data on the imports of the product in question during the last 3 years.2. The application shall be accompanied by the information of the last 3 years, submitted as
separate annexes, in absolute terms and in terms of value, on the  production, sales and prices of thelike product in the domestic market and of the  exported like product, the market share, capacity
utilization, profits and losses, employment of the domestic industry, inventories, investment in the
modernization of the undertaking, equipment or in research and development (if the applicant has
access to the information) as well as other information which, in the applicant's opinion, justifies the
application. A non-confidential summary of the application shall also be furnished.
3. Having received an application to conduct the investigation, also in the case specified in
paragraph 3 of Article 5 of this Law, before commencing the investigation the Institution shall notify
through diplomatic channels the governments of the c ountry of origin of the product in question or the
governments of the exporting countries of the received application.
Article 7 Consideration of the Application Requesting to Conduct an Investigation and
Taking of a Decision
1. Having received the application of the domestic producers, the Institution shall check whether
or not the application has been filed by the domestic producers as prescribed by paragraph 2 of
Article 5 of this Law, whether or not the received application meets the requirements laid down in
Article 6 of this Law and whether or not there is sufficient evidence to justify the conduct of theG/SG/N/1/LTU/2
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investigation and shall, within 30 calendar days of the date of the filing of the application, except in
the case specified in paragraph 2 of this Article,  take a decision to conduct the investigation.
2. If the applicant’s volume of production of the like product accounts for less than a major
proportion of the total production of the product in the customs territory of the Republic of Lithuaniaand the application requesting to conduct an invest igation receives the approval of an insufficient
number of domestic producers, or in case the filed application does not meet the requirements laid
down in Article 6 of this Law or the evidence submitted to justify the investigation proves
insufficient, the Institution shall notify the applicant thereof, specifying the shortcomings and setting
the time limit for the elimination thereof. If the appl icant eliminates the specified shortcomings within
the set time limit, the Institution shall have 15 more calendar days to examine the submitted
information and adopt a decision as regards the investigation. If the applicant fails to eliminate thespecified shortcomings within the time limit set by the Institution and/or the additionally submitted
information is not sufficient to justify the conduct of the investigation, as determined in paragraph 1
of Article 6 of this Law,  the Institution shall take a decision not to conduct the investigation.
3. Having taken a decision not to conduct the investigation, the Institution shall notify the
applicant thereof within 7 calendar days after the day of taking of the decision and indicate the
motives of the decision.
Article 8 The Course of the Investigation
1. Seeking to determine during the investigation whether increased imports of the product in
question have caused or are threatening to cause serious injury to the domestic producers, the
following factors having a bearing on and characterising the position of the domestic producers  must
be subjected to an objective evaluation:
(1) the volume of imports of the product in question (in absolute terms and in terms of value) into
the customs territory of the Republic of Lithuania and its share in the total volume of the sales
of the like product in the market of the Republic of Lithuania;
(2) the increase in the volume of imports of the product in question into the customs territory of
the Republic of Lithuania, either in absolute terms or relative to production or consumption in
the customs territory of Lithuania;
(3) changes in the prices of imports of the product in question and of the like product originating
in Lithuania;
(4) changes in sales of the like product of Lithuanian origin in the domestic market;(5) changes in economic factors, characterising the volume of production of the like product by
the domestic producers, capacity utilization, stocks, sales, market share, profits or losses,
investment, employment, etc.;
(6) factors (other than increase in imports of the product in question) which are causing or may
have caused serious injury to domestic producers.
2. Where a threat of serious injury to domestic producers is alleged, it must also be investigated,
in addition to the factors indicated in paragraph 1 of this Article whether there are facts which allowto draw an objective conclusion that the imports of the product in question are likely to cause in the
foreseeable future serious injury to domestic producers. In this connection, the volume of imports of
the product in question into the customs territory of the Republic of Lithuania, the rate of increase of
imports and the export capacity of the product in question in the country of origin or export, as itG/SG/N/1/LTU/2
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stands or is likely to be in the foreseeable future, and the likelihood that that capacity will be used to
import the product in question into the customs territory of the Republic of Lithuania must be
evaluated.
3. During the investigation all factors of objective and quantifiable nature having a bearing on
the situation of domestic producers of the like produ ct must be evaluated.  When factors other than
imports causing serious injury are having an adverse effect upon the domestic producers at the same
time, such  injury shall not be attributed to imports causing serious injury.
4. During the investigation the necessary information shall be obtained when:(1) at the request of the Institution, the produc ers, exporters and importers of the product in
question furnish the information necessary for the investigation and  complete the list of
questionnaires submitted by the Institution.  The questionnaires must be filled in writing and
returned within 30 calendar days (from the date of the receipt of the questionnaire).  It shall
be considered that the exporter receives the questionnaire within 1 week from its dispatch or
delivery to the diplomatic mission of the relevant exporting country.  If the interested partywhich receives the questionnaire indicates special circumstances preventing it from
presenting the responses by the due date, the Institution, having regard to the time limit set for
the investigation, may extend the time limit for furnishing responses;
(2) the interested parties supply additional written evidence on their own initiative;(3) Lithuanian economic operators, state and municipal institutions, the Department of Statistics
under the Government of the Republic of Lithuania supply the required data and documents
upon the request of the Institution.
5. During the investigation, the interested parties must be provided with an opportunity to
submit evidence  and present their arguments in relation to the information supplied by other
interested parties.
6. The Institution may hear oral arguments and explanations given by the interested parties,
provided they file a written  application to the effect within the time limit set in the Institution’s
decision to conduct the investigation.  The application must indicate that the interested party whichhas submitted the application is actually likely to be affected by the outcome of the investigation and
specify the special reasons for it to be heard.
7. Without derogation from Article 22 of this Law, the interested parties which have submitted a
written application must be provided access to the information supplied by other interested parties, onwhich the investigation conducted by the Institution is based.
8. In the course of the investigation normally the information covering the last 3 years shall be
examined. In any case the above period may not be less than 6 months.
9. The Institution shall conduct the investigation on the basis of the available and obtained
information, also the information furnished by the in terested parties in writing (within the time limit
set in the decision to conduct the investigation or any other appropriate decision of the Institution).
10. If the interested party refuses to supply the necessary information, or supplies it after the
expiry of all time limits or supplies only a part of it, or if it is established that the interested party has
supplied false information, during the decision-making the false information shall be disregarded and
the part of the supplied information and other available information considered as reliable by the
Institution, including information received from other accessible independent sources, shall be madeG/SG/N/1/LTU/2
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use of.  The interested parties shall be notified in  writing that in case of failure to communicate the
information, delay in the provision of information or provision of false information, the conclusions
may be made based on the evidence supported by the information available to the Institution and
information and documents supplied by the interested parties. In case the information submitted by
the interested party contains inaccuracies which are verifiable and this does not encumber the use ofthe information, while the interested party has acted to the best of its ability to communicated the
relevant information, such information shall not be disregarded.
11. If the evidence or information submitted by the interested party is not accepted,  the supplying
interested party must be informed of the reasons therefor and  provided with an opportunity to give
explanations within the time limit set by the Institu tion.  If the explanations are deemed insufficient,
the reasons for rejection of such evidence or information must be given in the relevant decision of theInstitution.
Article 9 Duration of Investigation
1. The duration of investigation shall not exceed 9 months from the day the decision to initiate
an investigation becomes effective.  If it impossible to complete the investigation within  the set time
limit for objective reasons, the Institution may adopt a decision to extend the time limit but for not
longer than 2 months. In addition to other information, the duration of the extension period and the
reasons therefor must be specified in the decision to extend the duration of investigation.
2. If the Institution makes a conclusion on the basis of information investigated during the
investigation that the application of safeguard measures is not necessary, it shall adopt a decision  to
terminate the investigation.  The Institution’s deci sion to terminate the investigation must be adopted
within 1 month from the expiry of the time limit set for the  duration of investigation in paragraph 1 of
this Article.
CHAPTER THREE
APPLICATION OF SAFEGUARD MEASURES
Article 10 Objectives of the Application of Safeguard Measures
The safeguard measures shall be applied for the following objectives:
(1) to eliminate serious injury being caused to domestic producers or a threat thereof;(2) to provide conditions to domestic producers to adjust to the increased competition with
foreign producers and to facilitate this adjustment.
Article 11 Terms and Conditions of Application of Customs Duty as a Provisional Safeguard
Measure
During the investigation, the imports of a product in question may be subjected to customs
duty applied as a provisional safeguard measure, provided, however, that all the following conditions
are met:
(1) in the course of investigation preliminary determination has been made on the basis of
objective data that the imports of the product in question cause or threaten to cause serious
injury to domestic producers ;G/SG/N/1/LTU/2
Page 9
(2) due to a significant impairment in the position of domestic producers, provisional safeguard
measures must be applied without delay, since failure to apply customs duty during the
investigation would cause serious damage to domestic producers which would be difficult to
repair;
(3) in view of the terms and conditions laid down in paragraphs 1 and 2 of this Article, the
Institution deems it expedient to apply customs duty during the investigation.
Article 12 Application of Customs Duty as a Provisional Safeguard Measure
1. If the terms and conditions laid down in Article 11 of this Law are met, the Government shall
make a decision to apply customs duty as a provisional measure and shall set the amount of the dutyand the date from which it shall be applied.
2. Customs duty as a provisional safeguard meas ure may be imposed for no longer than 200
calendar days.  The duration of the application of customs duty shall be included in the total duration
or extension of the application of safeguard measur es, specified in Articles 15  and 16 of this Law.
3. Provisional customs duty shall be imposed in the form of an increased customs duty,
regardless of whether the rate of  customs duty to which the product in question is subjected is zero or
higher.  The amount of customs duty shall not exceed the duty necessary for the elimination of the
serious injury caused to domestic producers by the preliminarily determined imports of the product inquestion which cause serious injury.
4. Customs duty as a provisional safeguard measure must be paid in the manner prescribed by
the Law of the Republic of Lithuania  on Customs Tariffs. Default interest shall be payable for failure
to pay customs duty or delay in the payment thereof.  The unpaid amounts of customs duty anddefault interest shall be recovered in accordance  with the procedure laid down in the Law of the
Republic of Lithuania  on Customs Tariffs.
5. In cases where, upon the conclusion of investigation, imports causing serious injury are not
determined, customs duty, if paid, shall be refunded in accordance with the procedure established by
the Law of the Republic of Lithuania  on Customs Tariffs.
Article 13 Application of Safeguard Measures upon the Conclusion of the Investigation
1. The products in question imported  into the customs territory of the Republic of Lithuania
may be subjected to safeguard measures only if it  is determined in the course of investigation in
accordance with the provisions of Article 8 of this Law that such imports of the product in questionare causing serious injury to the domestic producers.
2. Safeguard measures shall be applied to every product in question released for free circulation
in the customs territory of the Republic of Lithuania on a non-discriminatory basis, regardless from
what country the product in question is being imported, with the exception of cases specified inparagraphs 3 and 4 of Article 14 and Article 19 of this Law. Safeguard measures shall be applied from
the day of entry into force of the Government's resolution to apply a safeguard measure, unless the
resolution sets a different date of application of the safeguard measure.  The adoption of the resolution
by the Government to apply a quota may not restrict the release of the product in question into free
circulation in the customs territory of the Republic of Lithuania if the person importing the product inquestion produces sufficient evidence confirming the fact that on the day of entry into force of the
resolution to apply a quota the imports of the product in question were already on their way to the
customs territory of the Republic of Lithuania.G/SG/N/1/LTU/2
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3. Having considered the conclusions of the investigation and proposals submitted by the
Institution, the Government shall adopt a resolution to apply a safeguard measure.  Having decided to
apply a safeguard measure, the Government shall determine its form (customs duty or a quota), its
level, approve the timetable for the liberalization of the safeguard measure and the date from which
the safeguard measure will be applied.
4. If the Government adopts a resolution to apply customs duty as a definitive measure, customs
duty shall be applied to the imports of the product in question in the manner laid down in paragraphs 3
and 4 of Article 12 of this Law.
5. Before submitting a proposal to the Government to apply a safeguard measure, the Institution,
relying on the provisions of Article 12 of the WTO Agreement on Safeguards, shall hold priorconsultations with the countries having a substantial interest as exporters of the product in question
into the customs territory of the Republic of Lithuania.
6. The procedure for the administration of the quota shall be established by the Government of
the Republic of Lithuania or the institution authorized by it.
Article 14 Level of a Quota
1. The level of a quota shall be set not lower  than  (in absolute or value terms) the average level
of imports of the product in question over the last 3 years, unless a lower level is necessary to remedyserious injury being caused to the domestic producers or eliminate a threat thereof.
2. When submitting proposals to the Government on the application of a quota, the Institution
must take account of the desirability of maintaining, as far as possible, traditional trade flows, and the
volume of products in question imported into the customs territory of the Republic of Lithuania undercontracts concluded earlier (before the adoption of the resolution to apply a safeguard measure) where
such contracts have been notified to the Institution.
3. Taking into consideration the results of the investigation, the quota must be allocated among
the countries exporting the product in  question or groups of such  countries.  The quota shall be
allocated upon agreement with the countries from wh ich the product in question is imported into the
customs territory of the Republic of Lithuania.  Where such allocation of the quota is impossible orinexpedient, the quota shall be allocated among these countries or  groups  of countries in proportion
to their share of imports of the product in question over the last 3 years, due account being taken of
the factors which are or may be affecting trade in the product in question.
4. Derogation from the requirements laid down in this Article shall be permitted if the imports of
the product in question from a certain country or group of countries have increased  in
disproportionate percentage in relation to the total increase of imports of the product in question over
the period specified in this Article (a quota, stricter than those applied under this Article, may be set to
imports of the product in question from such country or a group of countries).  The derogation
referred to above shall not be permitted where there is only a threat of serious injury to the domesticproducers.
Article 15 Duration of a Safeguard Measure
The duration of a safeguard measure must be limited to the period of time necessary to
achieve the objectives specified in Article 10 of this Law, but not longer than for 4 years, including
the duration of the customs duty applied during the investigation, with the exception of cases where
its duration is extended pursuant to Article 16 of this Law.G/SG/N/1/LTU/2
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Article 16 Extension of a Safeguard Measure
1. If domestic producers present to the Institution sufficient evidence that the application of a
safeguard measure is necessary in order to prevent or remedy serious injury, a repeat investigation
may be conducted after an appropriate decision has been taken by the Institution in accordance withthe provisions  of Chapter Two of this Law. During the repeat investigation customs duty, as a
provisional safeguard measure, may not be applied.
2. Should it be established during the repeat investigation that the extension of the application of
a safeguard measure is necessary in order to prevent or remedy serious injury and where  there is
evidence that domestic producers are adjusting to the increased competition with foreign producers,
the application of a safeguard measure may be extended on the resolution of the Government.  Theextension of the duration of a safeguard measure shall be governed  by the provisions regulating the
application of a safeguard measure provided this is in compliance with the provisions of this Article.
3. The duration of the application of a quota, set in accordance with paragraph 4 of Article 14 of
this Law,  may not be extended .
4. The extended safeguard measure shall not be more restrictive than it was at the end of the
initial period of application of the safeguard measure.
5. The total period of application of a safeguar d measure, including the period of application of
customs duty as a safeguard measure during the period of investigation, the initial period of
application of a safeguard measure and any prorogation thereof may not exceed 8 years.
Article 17 Liberalization of a Safeguard Measure and Review of its Application
1. In order to provide conditions for domestic producers to adjust more speedily to the increased
competition with foreign producers and to facilitate this adjustment, where the duration of a safeguard
measure exceeds 1 year, the measure must be progressively liberalized at regular intervals during the
period of application until the end of application thereof.
2. Pursuant to paragraph 1 of this Article, the Government shall, by its resolution to apply a
safeguard measure, also approve the timetable for its liberalization.  The timetable for theliberalization of a safeguard measure shall also be approved in the case where the application of a
safeguard measure is extended in accordance with paragraph 2 of Article 16 of this Law.
3. If the established duration of a safeguard measure exceeds 3 years, the Institution must review
the necessity for further application of the safeguard measure not later than the mid-point of theperiod of application of that measure.  The review shall be commenced on the decision of the
Institution not later than 3 months preceding the end of the established mid-point.  Reviews shall be
carried out according to the requirements of Article 8 of this Law which are also applicable to the
conduct of  investigation.
4. If, upon completing the review, the Institution makes a conclusion that the serious injury or a
threat thereof caused by imports of product in question has ceased to exist, diminished or if the
revocation of the safeguard measure or an accelerated pace of its liberalization would facilitate the
adjustment of domestic producers to the increased competition with foreign producers, the Institution
shall present to the Government the conclusions of  the review and proposals regarding the revocation
of the applied safeguard measure or accelerated pace of its liberalization.G/SG/N/1/LTU/2
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Article 18 Reimposition of a Safeguard Measure
1. A safeguard measure may not be reimposed on imports of the product in question until a
period equal to the duration of the previous measure. Such period shall not be less than two years.
2. Notwithstanding the provision of paragraph 1 of this Article, a safeguard measure may be
reimposed on imports of the product in question for a period of 180 calendar days or less if the
following two conditions are met:
(1) at least 1 year has elapsed since the date of introduction of a safeguard measure on the
imports of that product;
(2) such safeguard measure has not been applied to the imports of the product in question more
than twice in the 5-year period immediately preceding the date of the intended reimposition of
the safeguard measure.
3. The safeguard measure may be reimposed, if the investigation has been  conducted in
accordance with the provisions of Chapter Two of this Law and it has been established during the
investigation that the application of safeguard measures is necessary.  The adoption of the resolution
to reimpose a safeguard measure shall be based on the provisions of Chapter Three of this Law.  The
validity of the reimposed safeguard measure may be extended in accordance with Article  16 of this
Law.
Article 19 Differential Treatment Received by Developing Countries with respect to Safeguard
Measures Applied to  Imports from them
1. No safeguard measures shall be applied to imports of a product originating in a developing
country if the following two conditions are met:
(1) the share of imports of the product in question from such a country does not exceed 3 per cent
of the total imports of the product in question into the customs territory of the Republic of
Lithuania;
(2) imports of the product in question from each developing country is not in excess of 3 per cent,
while their share collectively accounts for not more than 9 per cent of total imports of the
product in question into the customs territory of the Republic of Lithuania.
2. The list of developing countries, against whose imports of the product in question into the
customs territory of the Republic of Lithuania the provisions of paragraph 1 of this Article apply, shallbe approved by the Government of the Republic of Lithuania or the institution authorized by it.
CHAPTER FOUR
LODGING A COMPLAINT
Article 20 Lodging a Complaint against Decisions and Acts
1. If the interested party objects to the decisions made by the Institution, it shall have the right to
lodge a complaint against the decisions with the Vilnius County Administrative Court.  A complaint
may be lodged with the Vilnius County Administrative Court within 3 months from the day of
publishing of the decision which is the object of complaint or its delivery to the interested party.G/SG/N/1/LTU/2
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2. If the interested party objects to the acts of the Institution, connected with the implementation
of this Law or its failure to act, the interested party shall have the right to lodge a complaint against
the above act or omission with the Vilnius Count y Administrative Court.  The complaint may be
lodged with the Vilnius County Administrative C ourt within 1 month from the day of performance of
the contested act or the day of notification of the interested party of the act.  A complaint against theInstitution’s failure to act may be lodged with the Vilnius County Administrative Court within 1
month from the day following the date of expiry of the time period set by this Law for the
performance of a specific act or settlement of a specific issue.
3. Lodging a complaint with the Vilnius Count y Administrative Court shall not suspend the
validity of the decisions of the Institution, unless the Vilnius County Administrative Court establishes
otherwise.
CHAPTER FIVE
NOTIFICATION
Article 21 Notification
1. The resolutions of the Government concerning the application of safeguard measures,
extension of duration thereof, liberalization or revocation of the applied safeguard measures shall bepublished in the publication " Valstybės žinios " (official gazette) in the manner established by the legal
acts of the Republic of Lithuania.
2. The decisions of the Institution to conduct an investigation, to extend the duration of the
investigation or to terminate the investigation and review the application of the safeguard measureshall be published in the publication “ Valstybës þinios ” (official gazette) in the manner established by
the legal acts of the Republic of Lithuania. In the above publication the Institution shall publish
information relating to the facts and reasons on the basis whereof the Government is submitted
proposals to apply safeguard measures, extend the application, liberalize or revoke the applied
safeguard measures.
3. In addition to other information, the decision of the Institution to conduct investigation or
perform a review of the application of a safeguard measure must also:
(1) contain the summary of the information received together with the application;(2) specify the date of commencement and the duration of the investigation;(3) specify the time period investigated;(4) indicate the address to which all the information related the investigation should be presented
to the Institution;
(5) set the time period within which the interested parties may notify in writing of their interest in
the investigation as well as  submit evidence and set forth their arguments;
(6) specify the time period within which th e interested parties may submit their written
applications with the Institution requesting for a possibility to present their oral arguments
and submit additional information related to the investigation;
(7) indicate the basic facts and reasons underlying the decision taken by the Institution.G/SG/N/1/LTU/2
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4. In its decision to extend or terminate the investigation the Institution must present, in addition
to other information, the main conclusions  of the investigation and the summary of the reasons for its
extension or termination .
5. The Institution must, upon written requests of the interested parties, provide them with
information on the facts and reasons on the basis of which relevant decisions have been taken.
Information shall be submitted observing confidentiality requirements.
6. The resolutions of the Government must indicate, with due regard being given to the
information confidentiality requirements, the reasons on the basis whereof the decisions relative to the
application, extension of application, liberalization of safeguard measures or revocation of thesafeguard measures applied have been taken.
7. In addition to the basic information relative to the investigation in progress, the following
must be indicated, in compliance with the confidentiality requirements, in the proposal submitted by
the Institution to the Government in relation to the application of a provisional customs duty:
(1) facts on the basis whereof  preliminary determination has been made that increased imports of
the product in question have caused or are threatening to cause injury to domestic producers,
including the economic factors analysed for the purpose;
(2) the rate of customs duty proposed to be imposed;
(3) the date from which the provisional customs duty could be applied and the period of its
application.
8. In addition to the information specified in paragraph 7 of this Article, the following must be
indicated in the proposal submitted by the Institution to the Government in relation to the application
of a safeguard measure following the termination of the investigation:
(1) the safeguard measure in the form of  customs duty or quota, application of which is
proposed, and its rate or level;
(2) evidence proving that domestic producers have taken actions in order to adjust to the
increasing competition with foreign producers;
(3) the timetable of liberalization of a safeguard measure.
Article 22 Confidential Information
1. All  information obtained under this Law shall be used only for the purpose for which it was
requested.
2. Any information the disclosure of which would give great competitive advantage to the
competitors or would have a significantly adverse effect upon the interested party which supplied the
information or the person from whom the interested party received the information, as well as the
information which the supplying party requests to treat as confidential shall be considered to be
confidential.  The Institution shall not reveal any information received on a confidential basis withoutspecific permission from the interested party which supplied such information.
3. The interested party which is the supplier of confidential information shall also be required to
furnish non-confidential summaries thereof.  The summaries must be comprehensive enough enablingG/SG/N/1/LTU/2
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to determine the gist of the information.  If, in excep tional cases, the interested party indicates that the
appropriate information is not susceptible of summary, it must provide a written statement of the
reasons why the relevant summarization is not possible.
4. If the Institution considers that a request for confidentiality is not justified and if the interested
party which is the supplier of the information is unw illing to authorize its disclosure (in generalized or
summary form), the Institution may disregard such information.  However, the information must be
taken into account if other sources confirm its accuracy.
CHAPTER SIX
FINAL PROVISIONS
Article 23 International Agreements
1. If international agreements of the Republic of Lithuania, which have been ratified by the
Seimas of the Republic of Lithuania, lay down regulations other than those established in this Law,
the provisions of the international agreements shall apply.
2. Pursuant to the provisions of free trade agreements to which the Republic of Lithuania is a
party, prior to opening an investigation the Institution shall notify the Ministry for Foreign Affairs ofthe Republic of Lithuania of the received application requesting to conduct an investigation."
I promulgate this Law passed by the Seimas of the Republic of LithuaniaPRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
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