WORLD TRADE
ORGANIZATIONG/ADP/N/1/POL/2
G/SCM/N/1/POL/2
7 August 1998
(98-3109)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal: English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
POLAND
The following communication, dated 31 July 1998, has been received from the Permanent
Mission of Poland.
_______________
TABLE OF CONTENTS
Page
Law of 11 December 1997 on the protection against importing goods into the
Polish customs territory at dumping prices ...................................................................................... 2
PART I General provisions .................................................................................................... 2
PART II Determination of dumping and injury .................................................................... 4
Chapter 1 - Determination of dumping ............................................................................... 4
Section 1- Normal value ........................................................................................... 4
Section 2 - Export price ............................................................................................ 7
Section 3 - Comparison between the export price and the normal value ............ 8
Section 4 - Dumping margin .................................................................................... 9
Chapter 2 - Determination of the injury ............................................................................ 10
PART III Anti-dumping procedures ....................................................................................... 12
Chapter 1 - Initiation of anti-dumping procedures .......................................................... 12
Chapter 2 - Provisional measures ........................................................................................ 17
Chapter 3 - Price undertakings .......................................................................................... 17
Chapter 4 - Completion of anti-dumping procedures ...................................................... 19
Section 1 - General provisions ............................................................................... 19
Section 2 - Final anti-dumping duties ................................................................... 20
Section 3 - Collection of anti-dumping duties ....................................................... 21
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PART IV  Procedures in cases connected with avoiding anti-dumping duties .................... 22
PART V Review, verification, and revision procedures ...................................................... 23
Rules of reimbursing anti-dumping duties ........................................................... 23
PART VI Confidentiality guarantee ....................................................................................... 27
PART VII Provisional and final regulations  .......................................................................... 28
The translation refers to paragraph No. 1028, published in "The  Journal of Laws of the
Republic of Poland" (Dziennik Ustaw- Dz.U.) of 23 December  1997, No. 157, item 1028, pages 5092-
5105.
LAW
of 11 December 1997
on the protection against importing goods into the Polish
customs territory at dumping prices
PART I
General provisions
Article 1
1. The Law specifies protection measures against the import of goods into the Polish customs
territory at dumping prices causing an injury to the domestic industry, hereinafter called "anti-
dumping measures", as well as rules and modes of procedures in cases of applying these measures,
hereinafter called "Anti-dumping procedures".
2. Anti-dumping measures and anti-dumping procedures, specified in the present Law, shall be
applied with the observation of requirements determined in the World Trade Organisation Agreement
on Implementation of Article IV of the General Agreement on Tariffs and Trade 1994.
3. Provisions of the Administrative Procedures Code and regulations about execution procedures
in administration shall be applied in anti-dumping procedures, unless provisions of the present Law
provide otherwise.
Article 2
The terms used in the present Law shall bear the following meanings:(1) like goods - goods which are equal in all aspects to goods subjected to anti-dumping
procedures, or in the case of a lack of such goods, other goods which have features closely resemblingfeatures of goods covered by the said anti-dumping procedures, in spite of the fact that they are not
equal in all respects;G/ADP/N/1/POL/2
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(2) injury - a material injury done to the domestic industry or a threat to cause such a
material injury, or a material retardation in the establishment of a certain domestic industry;
(3) the domestic industry - all producers manufacturing like goods within the territory of
the Republic of Poland or these producers whose total production constitutes at least 50 per cent of the
total national production of these goods: in the case when the producers are connected with foreign
exporters or domestic importers, or are importers of the goods subject to the procedures themselves,
the domestic industry shall mean other domestic producers manufacturing similar goods,
(4) related producers - producers related with foreign exporters or domestic importers in
any of the following ways:
(a) one of them directly or indirectly controls the other;(b) both of them are directly or indirectly controlled by a third person;
(c)  both of them directly or indirectly control a third person, on the condition that there
are assumptions that due to the said relations, the given producer behaves in a
different way than other producers, not possessing such relations, behave;
(5) a person controlling another person - the person who legally or actually is authorised
to direct activities of another person;
(6) independent persons (independent purchasers) - persons (purchasers) who are not
related with one another in a way specified in paragraph 4;
(7) sales within an ordinary course of trade - every sale effected by the producer of the
goods covered by anti-dumping procedures on conditions generally accepted for one country, except
for sales at prices lower than production costs according to Article 5, paragraphs 2-11, sales between
related persons according to Article 4, as well as sales between parties who have concluded a
compensation agreement between them;
(8) anti-dumping measures - temporary and final anti-dumping duties and price
undertakings; temporary anti-dumping duties and final anti-dumping duties that constitute customs
importation receivables according to provisions of the Law of 9 January 1997, the Customs Law;
(9) parties concerned:
(a) foreign exporters or producers of goods covered by anti-dumping procedures,
domestic importers of these goods, or organisations and commercial and
entrepreneurial associations  if the majority of their members are foreign exporters,
producers or domestic importers of the given goods;
(b) exporting countries;
(c) domestic producers of similar goods or commercial or entrepreneurial organisations
and associations of traders and entrepreneurs if the majority of their members
manufacture similar goods;
(d) other parties, domestic or foreign, not mentioned in subparagraphs a-c, who will
prove their direct legal and material interest in the given case during anti-dumping
procedures;G/ADP/N/1/POL/2
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(10) examined period - the period when it is investigated whether the importation into the
Polish customs territory has been effected at dumping prices, but the period is usually 1-year-long,
and not less than 6-month-long before the date of instituting anti-dumping procedures, specified indetails in the decision about instituting anti-dumping procedures.
Article 3
1. In the case when as a result of applying anti-dumping procedures it is concluded that the
introduction of goods into the Polish customs territory at dumping prices causes an injury to the
domestic industry, anti-dumping measures may be applied against such goods.
2. The goods shall be considered to be introduced into the circulation within the Polish customs
territory at dumping prices if its export price is lower than the normal value.
3. Anti-dumping duties shall be imposed at the level necessary to remove the injury, but not
exceeding the dumping margin.
4. In price undertakings in price increases should be calculated at the level sufficient to
eliminate the dumping or prevent the injury, but not more than the established dumping margin.
5. The dumping margin shall constitute the sum by which the ordinary value exceeds the export
price.
PART II
Determination of dumping and injury
Chapter 1
Determination of dumping
Section 1
Normal value
Article 4
1. The normal value is determined on the basis of prices actually paid or due in an ordinary
course of trade from non-related purchasers in the exporting country.
2. The exporting country is a country of origin of the goods, and in the case when the goods are
not brought into the Polish customs territory directly from the country of origin of the goods, it is the
country of shipment. When the country of shipment does not produce like goods or when it is
impossible to determine a comparable price, or when the goods are only in transit through its territory,the exporting country is considered the country of origin.
3. In the case when a foreign exporter does not produce or sell like goods within an ordinary
course of trade in the exporting country, the normal value can be determined on the basis of prices
applied in the exporting country by other sellers or producers.
4. Prices applied between non-related parties or have concluded a compensation agreement,
cannot be considered paid within an ordinary course of trade and they cannot be used to determine theG/ADP/N/1/POL/2
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normal value, unless it is proven that the relation does not exercise an impact upon prices applied
between these parties.
5. Sales of similar goods for the domestic consumption in the domestic market of the exporting
country are used for determining the normal value if they constitute at least 5 per cent of the volume
of sales of the given goods into the Polish customs territory. Sales in smaller quantities may be used
for determining the normal value if the applied prices are considered to be representative for the given
market.
Article 5
1. In the case when like goods are not sold within the ordinary course of trade or if they are sold
in insufficient quantities or if due to a concrete  market situation, the sales do not allow a proper
comparison, the ordinary value of like goods shall be determined on the basis of:
(1) prices in the exportation, in the ordinary course of trade, to a third country if these
prices are representative or
(2) costs of production in the country of origin of the goods, plus costs directly connected
with the sales, general costs, and all other costs and the sum of the profit (the normal constructed
value).
2. In the case when sales of similar goods in the domestic market of the exporting country or
their sales to a third country take place at prices below per unit costs of production (fixed and
variable), plus costs directly connected with the sa les, general costs, and all other costs, they may be
treated as not effected in the ordinary course of trade by reason of price and they may be disregardedwhen determining the normal value only in the case of concluding that such sales are effected:
(1) within an extended period of time in substantial quantities and(2) at prices which do not provide for a recovery of costs within a reasonable period of
time.
3. If prices of like goods in the internal market of the exporting country or in their sales to a
third country are lower than costs mentioned in paragraph 2, but in the moment of the sale they
exceed average weighed costs for the period of investigation, such prices are considered to guarantee
a full recovery of costs within a reasonable period of time.
4. The extended period of time is usually considered to be one year, but no case less than
6 months, while sales at prices lower than costs mentioned in paragraph 2 are considered to be
realised in substantial amount in this period if it is concluded that:
(1) the average weighed sales price is lower than the average weighed costs specified in
paragraph 2 or
(2) the volume of sales below costs mentioned in paragraph 2 is not smaller than 20 per
cent of the sales used for determining the normal value.
5. Costs mentioned in paragraph 2 shall be calculated on the basis of records of the unit kept
according to rules resulting from the documentation possessed by the unit and describing accountancy
rules adopted by it, on the condition that entries in the books properly document costs associated with
the production and sale of the product under consideration. The presented evidence on the properG/ADP/N/1/POL/2
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allocation of costs shall be taken into account on the condition that it is confirmed that such
allocations have been effectively utilised.
6. When it is impossible to apply the method of cost s allocation used by the unit subjected to the
procedures, there shall be applied the method of costs allocation proportionately to the turnover.
7. Costs mentioned in paragraphs 5 and 6 shall be corrected by additional amounts related to the
future or present production of the examined goods which have not been taken into consideration in
calculations specified in paragraphs 5 and 6.
8. In the case when costs appearing during a part of the period of the cost recovery are
influenced by the utilisation of new production equipment requiring a substantial investment outlay,
as well as a low level of the production capacity utilisation, which accompany start-up operations that
have taken place during the examined period, average costs for the start-up phase are determined at
the level of costs appearing at the end of the period and they are included in average weighed costs for
this period as mentioned in paragraph 3.
9. The period of the start-up phase is determined with respect to conditions of the given foreign
exporter or producer, but it cannot exceed an appropriate initial part of the cost recovery period. The
information proving a prolongation of the start-up period beyond this part of the period shall be taken
into consideration on the condition that they have been supplied within 3 months after the date ofinstituting procedures.
10. The level of costs related to sales, general costs, and all other costs, as well as amounts of
profit are determined on the basis of actual data, proper for the production and sales of similar goods
of a foreign exporter or producer subjected to anti-dumping procedures within an ordinary course oftrade.
11. In the case when it is impossible to determine the level of costs mentioned in paragraph 10
according to the method specified in paragraph 10, the costs shall be determined on the basis of:
(1) a weighed average of actual amounts determined for other foreign exporters or
producers subjected t o anti-dumping procedures within the production and sales of like goods in thedomestic market in the country of origin;
(2) actual amounts in the field of the production and sales, in the ordinary course of trade,
of goods belonging to the same category which similar goods belong to, covered by the given foreign
exporter or producer subjected to anti-dumping procedures in the domestic market in the country oforigin;
(3) any other reasonable method provided that the margin of profit so established during
its application does not exceed the profit normally realised by other foreign exporters or producers of
goods of the same category in the domestic market of the country of origin.
Article 6
1. In the case of importing goods from countries not possessing the market economy, the normal
value is determined on the basis of the price applied in a third country of a market economy or on thebasis of the export price from such a country to other countries, including the Republic of Poland, or
on the basis of the value constructed in conditions of a market economy of a third country, and in the
case it proves to be impossible, on the basis of another justified method, including the price actuallyG/ADP/N/1/POL/2
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paid or due within the Polish customs territory for similar goods, appropriately modified depending on
the needs, so that it could take into consideration an appropriate margin of profit.
2. A selection of a third country mentioned in paragraph 1 shall be made on the basis of an
information about production conditions of a similar product in this country, including conditions of
the production process and scale of output of like goods, as well as with the consideration of all
available information about market conditions existi ng in this country during the examined period and
after comparing them with conditions in the c ountry subjected to anti-dumping procedures. A
selection of the third country shall be made with the consideration of deadlines provided for in the
present Law. If it is possible, the selection shall be made from among countries of a market economy
covered by the same anti-dumping procedures.
3. The Minister of Economy shall inform foreign exporters and domestic importers, as well as
their organisations and associations, authorities of the exporting country, the applicant or applicants
about the selection of the third market economy c ountry mentioned in paragraph 1, immediately after
instituting anti-dumping procedures, and he shall set out a deadline of 10 days for submitting remarksabout the said selection.
Section 2
Export price
Article 7
The export price of the goods is considered to be the price actually paid or due for the goods
from the exporting country in the case of bringi ng them into the Polish customs territory.
Article 8
1. In the case when there us no export price or when it is concluded that the export price is
unreliable because of an association or a compen satory agreement between the foreign exporter and
the domestic importer or a third party, the export price may be determined on the basis of a price at
which the imported goods are first resold to an independent buyer, and in the case when they are not
resold to any non-related purchaser, or if the products are not resold in the condition as imported, onanother reasonable basis (the constructed export price).
2. In cases mentioned in paragraph 1 and for the purpose of determining a reliable export price,
a correction of the constructed export price is made, taking into consideration all costs including
customs dues and taxes, incurred between the importation and the resale, as well as profits.
3. Corrections of the price mentioned in paragraph 2 should include ordinary costs covered by a
domestic importer, paid by any party within the Polish customs territory or outside it which is related
or has a compensation agreement concluded with the domestic importer or foreign exporter, including
ordinary transportation costs, insurance, reloading, loading, and additional costs, customs duties, anti-dumping duties, as well as taxes due because of the importation or sale of goods, and a justified sale
margin, general costs, all other costs, and the profit.G/ADP/N/1/POL/2
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Section 3
Comparison between the export price and the normal value
Article 9
1. The determination of the dumping margin mentioned in Article 3, paragraph 5, shall be made
by measures of comparing the export price with the normal value.
2. The comparison of the export price with the normal value is made at the same level of the
trade, normally at ex factory level and in respect of sales made as nearly as possible at the same time,
and with due allowance to differences affecting the price comparability.
Article 10
1. If there is no basis to compare the determined normal value and the export price, appropriate
adjustments are introduced in the form of a correction on the basis of substantial premises resultingfrom differences between factors that have been reported and can influence the prices and their
comparability.
2. The correction mentioned in paragraph 1 should especially take into consideration the
following factors:
(1) physical properties of the goods subjected to anti-dumping procedures and similar
goods, but the scope of the correction should correspond to the appropriate evaluation of the
difference in the market value resulting from physical differences;
(2) importation liabilities and indirect taxes; in such a case there is made a correction of
the normal value by a sum corresponding to all importation liabilities and indirect taxes on similar
goods and their physical components which the goods are subject to in the case of directing them for
consumption in the exporting country, and not collected or refundable in connection with the
importation into the Polish customs territory;
(3) discounts and the volume of sales; in this case there is made a correction due to
differences in volumes of the discounts, including those granted in connection with the volume of
sales if these dependant volumes are correctly specified and directly connected with sales subjected to
anti-dumping procedures; the correction can be also made due to deferred discounts provided that the
claim is based in the practice determined in previous periods, including in the dependence upon the
fulfilment of conditions necessary for granting the discount;
(4) the level of the turnover; corrections due to differences in levels of the turnover,
including those due to all differences that may occur in the case of goods examined on OEM rules
(with the acceptance of some producer's duties by the purchaser) shall be effected if it is proven that
the export price, including the constructed export price in the distribution network in both marketsoccurs in a different level of the turnover than th e normal value, while the difference influences the
comparability of prices, which is reflected in permanent and significant differences in the functions
and prices within various levels of the turnover in the domestic market of the exporting country. The
sum of the correction should be based on the market value of the respective differences;
(5) transportation, insurance, reloading, loadin g and additional costs; the corrections are
made on the basis of differences in costs directly connected with these operations and covered due to
supplying goods from premises of the foreign exporter to an independent purchaser, if these costs are
taken into consideration in the collected prices;G/ADP/N/1/POL/2
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(6) packaging; the corrections shall be made on the basis of differences in costs directly
connected with the packaging of the given goods;
(7) credit; the corrections shall be made on the basis of differences in costs of credits
granted for effecting the given sale, if this factor is taken into consideration when determining prices;
(8) costs covered after the sale; the correction shall be made on the basis of differences in
direct costs of granting the warranty, guarantee, t echnical assistance, and service, according to legal
regulations or provisions of the sales agreement;
(9) commissions; the correction shall be made on the basis of differences in commissions
calculated for every sale;
(10) conversion of currencies; if for the purpose of comparing prices it is necessary to
convert the currency, it shall be made using the rate of exchange on the day of sale; if a sale of aforeign currency in the futures market is directly connected with the export sale, the rate of exchange
of the currency as in futures sales will be used. The date of the sale is the date of invoice or the date of
contract, purchase order, or order confirmation, if these documents determine important terms of sale
in a better way. Fluctuations in exchange rates shall be ignored. Foreign exporters may adjust their
export prices to reflect substantial movements of exchange rates during the period of investigationwithin 60 days.
3. Another correction due to the same factors, especially due to differences in terms and volume
of sales and due to differences in the levels of the turnover shall not be made.
Section 4
Dumping margin
Article 11
1. The dumping margin within the period of investigation shall be determined according to one
of the following methods:
(1) on the basis of a comparison of the weighed average of the normal value with the
weighed average of prices of all export transactions within the importation of goods into the Polish
customs territory or
(2) on the basis of a comparison of normal values specified for individual transactions
with prices of every export transaction within the importation of goods into the Polish customs
territory.
2. The normal value in the form of a weighed average can be compared with prices of all export
transactions within the importation of goods into the Polish customs territory provided that the level
of export prices considerably differs depending on the purchaser, region or period, and the application
of the aforementioned methods does not allow to reflect fully the scope of dumping practices.
3. Provisions of paragraphs 1 and 2 do not exclude the application of the method of a random
control mentioned in Article 26, paragraphs 2 and 4.G/ADP/N/1/POL/2
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Article 12
The average weighted dumping margin can be determined in the case of the occurring of
various dumping margins.
Chapter 2
Determination of the injury
Article 13
1. The real injury shall be determined on the basis of the collected evidence after evaluating:
(1) the volume of the dumped imports into the Polish customs territory and their effect on
prices of like goods in the domestic market and
(2) the consequent impact of these imports on domestic industry.
2. The volume of the dumped imports shall be determined with the consideration of
circumstances whether the said imports increased in a significant way in absolute terms or relative to
production or consumption in the Polish customs territory.
3. In order to determine the effect of the dumped imports on prices of like goods in the domestic
market there shall be examined:
(1) prices of these goods are much lower than prices of like goods manufactured by the
domestic industry or
(2) whether the dumped imports are undercutting prices of goods made by domestic
producers in any other way, or whether they do not prevent price increases which otherwise would
have occurred to a significant degree.
Article 14
Where imports of goods from more than one country into the Polish customs territory are
subject to anti-dumping investigation, the effects of such imports shall be assessed cumulatively
provided that:
(1) the margin of dumping established in relation to  imports from each country is more
than the minimum level as defined in Article 35, paragraph 1, and the volume of imports from eachcountry is not negligible according to Article 21, paragraph 1.1;
(2) the cumulative assessment of the effects of the imports is appropriate in the light of
conditions of competition between the goods brought into the Polish customs territory and conditions
of the competition between the imported goods  and like domestic goods.
Article 15
The impact of dumped imports on the domestic industry shall be examined with the
consideration of all relevant economic factors and indices having a bearing on the state of industry,and especially:
(1) a duration of the process of overcoming difficulties caused by the dumped imports
into the Polish customs territory in the past by the domestic industry;G/ADP/N/1/POL/2
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(2) the magnitude of the margin of dumping;
(3) actual and potential reduction in sales, profits, output,  market share, productivity,
return on investments and  utilisation of capacity;
(4) factors affecting domestic prices;(5) actual or potential negative effects on cash flows;(6) inventories;(7) employment;(8) wages;
(9) development of the industry;
(10) ability to raise capital and investments.
Article 16
1. In the case when, apart from the dumped imports, there are also other factors causing an
injury to the domestic industry, they shall be subjected to the examination in order to exclude the
possibility that the injury done by these factors has been attributed to the dumped imports.
2. The examinations mentioned in paragraph 1 should especially cover:
(1) the volume and prices of the imports not sold at dumping prices;(2) contraction of demand for like goods;(3) changes in the consumption pattern;(4) monopolistic practices;(5) developments in technology;
(6) changes in exportation and productivity of the domestic industry.
3. Effects of the dumped imports upon the domestic production of like goods, which can be
separately identified, shall be evaluated on the basis of factors including: the production process,
turnover and profits of producers. If such separate identification of that production is not possible,effects of the dumped imports shall be assessed by the examination of production of the most similar
group or range of goods which includes the like goods, for which the necessary information can be
provided.
Article 17
A determination that the dumped imports prices cause an injury to the domestic industry
according to the present Law shall be based on all factors and elements mentioned in Articles 15 and
16, paragraph 2 in connection with Articles 13-14.G/ADP/N/1/POL/2
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Article 18
1. A threat of a material injury to the domestic industry shall be based on facts, with the
reservation of paragraph 2.
2. A change in the circumstances which could create a situation in which the dumping could
cause an injury must be clearly foreseen and imminent.
3. In making a determination regarding the existence of a threat of a material injury to the
domestic industry it is necessary to consider whether there have occurred especially these situations:
(1) an increase of the dumped imports to the Polish customs territory indicating the
likelihood of a further considerable increase of imports;
(2) the fact that the exporter possesses significant reserves of his production capacities, or
an important increase of his production capacities is imminent, making a considerable further increase
of the dumped imports to the Polish customs territory more probable, with the consideration of the
availability of other export markets which could absorb the additional importation;
(3) possibilities of an importation into the Polish customs territory of goods at prices that
could considerably lower the prices in the domestic market or prevent their increase which would take
place otherwise, increasing the probability of a further increase in the demand for further imports;
(4) inventories.
Article 19
If on the basis of circumstances mentioned in Article 18, paragraph 3, considered in total, it
can be determined that further dumped imports are unavoidable unless protective action is taken,
material injury to the domestic industry would occur, such a determination constitutes a sufficient
basis for formulating precise forecasts about the occurrence of such an injury even if the above
mentioned circumstances probe to be insufficient to formulate such predictions when consideredseparately.
PART III
Anti-dumping procedures
Chapter 1
Initiation of anti-dumping procedures
Article 20
1. The Minister of Economy shall initiate anti-dumping procedures:
(1) at a written request of a natural or legal person, or an organisational unit not
possessing the corporate power, acting in the name and for the benefit of the domestic industry;
(2) ex officio  in special circumstances when there exist evidence of the dumping, injury
and their causal relation.G/ADP/N/1/POL/2
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2. The request shall be considered to be submitted, according to paragraph 1.1, if it is supported
by domestic producers whose total production constitutes at least 50 per cent of the whole domestic
production of like goods by these domestic producers who have expressed their support or objection
against the request with the reservation of paragraph 3.
3. Anti-dumping procedures shall not be initiated if domestic producers of like goods who
univocally support the request account for less than 25 per cent of the whole production of like goods.
4. The Minister of Economy shall determine the application form to initiate anti-dumping
procedures in a regulation.
5. In the case when the application does not meet requirements specified according to
paragraph 4, or the evidence proves to be insufficient, within 15 days after the submission of the
application, the Minister of Economy shall inform the applicant about it and request him the remove
the shortcomings within a period of time not shorter than 30 days after the request date. If the
shortcomings are not removed within the imposed deadline, the Minister of Economy shall leave theapplication without considering it.
6. The applicant can withdraw the application before the decision about initiating anti-dumping
procedures is made. If however, the applicant w ithdraws the application after the procedures are
already initiated, the Minister of Economy shall discontinue the procedures, unless it could violate theinterest of the state.
Article 21
1. The Minister of Economy shall take a decision about refusing to initiate anti-dumping
procedures:
(1) towards a subject from a country or countries from which the importation of goods
covered by anti-dumping procedures into the Polish customs territory is insignificant, i.e. lower than
1 per cent of the domestic production of the goods, unless the total importation from such countries
constituted three or more per cent of the said consumption;
(2) in the case when evidence that the importation is realised at dumping prices and the
injury caused by it, which shall justify the institution of anti-dumping procedures, are not sufficient.
2. Before taking the decision about initiating anti-dumping procedures, no information about
this case shall be made public. If it results from international agreements that there is an obligation toinform authorities of the exporting country about the intention to initiate anti-dumping procedures, the
Minister of Economy shall inform respective countries about such an intention.
3. After concluding that the evidence and other available information justify the presumption
about dumped imports and an injury caused by such imports, and after a previous consultation of thePresident of the Competition and Consumers' Protection Office, the Minister of Economy shall make
a decision about instituting anti-dumping procedures not later than within 45 days after the date the
complete application to initiate anti-dumping procedures is received. The said decision shall be
published in  "Monitor Polski" Official Journal of the Republic of Poland.
4. The decision mentioned in paragraph 3 shall also contain a summary of collected information
and it shall determine:
(1) the date of initiating anti-dumping procedures;G/ADP/N/1/POL/2
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(2) goods anti-dumping procedures shall refer to;
(3) the exporting country or countries;(4) the examined period;(5) deadlines for submitting information and opinions by parties concerned in cases
important to anti-dumping procedures;
(6) deadlines for submitting requests to present oral explanations by parties concerned.
Article 22
1. Irrespectively of the announcement mentioned in Article 21, paragraph 3, the Minister of
Economy shall inform the foreign exporter about instituting anti-dumping procedures to foreignexporters, domestic importers, as well as organisations and associations of domestic importers or
foreign exporters of goods, which according to information possessed by the Minister of Economy,
the initiated procedures refer to, as well as authorities of the exporting country or the country of origin
of the goods, and the applicant or applicants.
2. The Minister of Economy shall observe confidentiality requirements in presenting the whole
text of the application to foreign exporters and authorities of the exporting country or countries as
well. In the case when the number of foreign exporters is particularly high, the full text of the request
shall be presented only to authorities of the exporting country or a proper organisation or association
of the exporters.
3. The Minister of Economy shall make available the whole text of the request to other parties
concerned at their written request and with the observation of the confidentiality requirement.
Article 23
1. The Minister of Economy shall present a questionnaire on anti-dumping procedures to parties
concerned.
2. Questions included in the questionnaire mentioned in paragraph 1 shall be answered by the
parties concerned within a period of time not shorter than 30 days, but for foreign exporters and
producers, the deadline shall be calculated after 7 days following the day when the questionnaire hasbeen sent to the exporter or delivered to a prope r diplomatic mission of the country exporting the
goods.
3. Deadlines mentioned in paragraph 2 may be prolonged by another period up to 30 days if the
party concerned presents important reasons essential for the party undergoing procedures the deadlinefor whom should be prolonged.
4. The Minister of the Economy shall determine  the form of the questionnaire mentioned in
paragraph 1 in a regulation.
Article 24
1. All parties concerned shall have a full possibility to protect their interests during the
procedures.G/ADP/N/1/POL/2
G/SCM/N/1/POL/2
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2. All information connected with anti-dumping procedures and not reserved as confidential
shall be made available to them at their written request.
3. Parties shall be entitled to present their opinion about all information refe rring to the case in a
written form, and if the Minister of Economy agrees, in an oral form as well.
4. All persons concerned shall be made available direct and mutual consultations at the request
mentioned in Article 21, paragraph 4.6 and with the observation of confidentiality requirements.
5. No party shall be obliged to participate in consultations mentioned in paragraph 4.
Information presented orally during consultations shall be taken into consideration only if they are
confirmed in writing.
Article 25
1. The Minister of Economy may request parties concerned to supply all information and
opinions he shall consider to be necessary for the benefit of the conducted procedures.
2. In the case when the party concerned refuses to supply the information mentioned in
paragraph 1 or grossly makes anti-dumping procedures more difficult in any other way, all decisionscan be taken on the grounds of other available information.
3. In the case when the party concerned has presented false or misleading information, such
information shall not be taken into consideration, and other available data shall be used in the
procedures.
4. The party mentioned in paragraphs 2 and 3 shall be informed about consequences of a lack of
co-operation.
5. In the case when the party concerned supplies doubtful information, it shall be taken into
consideration if it does not result in unnecessary difficulties in determining facts, as well as when they
are supplied properly and on time, possible to be verified, and the party concerned does all its best toprepare them.
6. In the case when the information supplied by the party are not accepted by the Minister of
Economy by measures of a regulation as evidence, the decision should be immediately presented to
the party and its reasons shall be included.
7. In the case of a decision mentioned in paragraph 6, the party shall be ensured a possibility to
offer explanations within a certain period of time.
8. If explanations mentioned in paragraph7 prove to be unsatisfactory, reasons why certain
information has not been accepted as evidence shall be revealed and the party shall be informed about
them.
9. In the case when decisions, especially those referring to the normal value of the goods, have
been made on the basis of information contained in the questionnaire on anti-dumping procedures,they shall be checked together with the information supplied by the applicant, with the consideration
of dates of the procedures, by measures of comparing it with information coming from other
independent sources, including published price-lists, governmental statistical data referring to the
importation of goods into the Polish customs territory, or information obtained during the procedures.G/ADP/N/1/POL/2
G/SCM/N/1/POL/2
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10. It is permitted to supply answers in the form of an electronic record and message in
procedures mentioned in paragraph 1. The fact of  not supplying the answer in the form of an
electronic record shall not entail a lack of a co-operation if the party concerned proves that thepresentation of the required answer in such a form shall be an additional, unjustified burden or it shall
generate additional costs.
Article 26
1. In order to verify the received information and materials, the Minister of Economy may carry
out a necessary control of the documentation submitted by domestic importers, traders, and producersand also by foreign exporters and producers when the foreign parties concerned agree, and authorities
of the given country have been duly informed about it and they did not object it.
2. In the case of a big number of applicants, foreign exporters or domestic importers, of types of
products covered by anti-dumping procedures, or of  transactions, the Minister of Economy may make
a decision about limiting the examination to representativ es selected within a statistical sample or to a
representative possessing the biggest share of production, sale or exportation (random control).
3. In the case when at least some of the selected parties do not supply the necessary information
after the decision to conduct a random control, these parties shall be replaced by other representatives.
4. In the case of applying a random control, individual dumping margins shall be determined for
every foreign exporter or producer, who has met the requirements provided for by Article 23,
paragraphs 2 and 3, but not selected to be a representative, unless the number of foreign exporters or
producers is so big that it makes a timely completion of the procedures impossible.
Article 27
1. Anti-dumping procedures cannot hinder procedur es connected with subjecting the goods to an
appropriate customs procedure.
2. After concluding that circumstances indicate that the goods are dumped causing an injury to
the domestic industry, the Minister of Economy may approach the President of the Central Board of
Customs with a request that the customs authorit ies registered the goods covered by anti-dumping
procedures and brought into the Polish customs territory.
3. The Minister of Finance, acting in consultation with the Minister of Economy, shall determine
the following in a regulation:
(1) the method of keeping the register of goods for the purpose of anti-dumping
procedures by customs authorities;
(2) data that shall be included in the register kept for the purpose of anti-dumping
procedures;
(3) types of documents on the grounds of which entries in the  register for the purpose of anti-
dumping procedures can be made.
4. The register mentioned in paragraph 3 shall be kept for a period not exceeding 9 months, and
in the case of agricultural products, for a period not exceeding 12 months after the date of introducing
it.G/ADP/N/1/POL/2
G/SCM/N/1/POL/2
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Chapter 2
Provisional measures
Article 28
1. In the case when as a result of initial findings of anti-dumping procedures, it is concluded that
an importation of goods at dumping prices causing a injury has taken place, the Minister of Economy
after consulting the President of the Competition and Consumers' Protection Office should make a
decision imposing provisional anti-dumping duties, which shall be published in the "Monitor Polski"
Official Journal of the Republic of Poland and immediately presented to parties concerned.
2. The decision shall determine in detail the goods, the foreign exporter or exporters, the
exporting country or countries, the level of provisional anti-dumping duties, as well as the method,
conditions, and scope of their implementation.
3. In the case of establishing provisional anti-dumping duties, a security in the amount
determined at the level equal to the sum of receivables due to the provisional anti-dumping duties
calculated on the basis of the imposed provisional anti-dumping duty rates, shall be a condition to
accept the goods covered by such duties to be admitted for turnover in the Polish customs territory.
Provisions of the Customs Code shall be applied in the case of procedures referring to the security.
4. Provisional anti-dumping duties shall be imposed not earlier than after 60 days after the date
of initiating anti-dumping procedures and not later than within 9 months after this date.
5. Provisional anti-dumping duties shall be imposed for a period of 6 months. This period can be
prolonged by another 3 months, or the duties can be imposed for 9 months at once, if foreign
exporters representing a considerable share of the trade covered by anti-dumping procedures put
forward such a request, or do not object against it  in their answer to the notification mentioned in
paragraph 6.
6. Before making the decision on prolonging th e period of applying temporary anti-dumping
customs charges by 3 months more or about impos ing them for 9 months at once, the Minister of
Economy shall inform foreign exporters mentioned in paragraph 5 about the intention and he shall
enable them to present their opinion.
Chapter 3
Price undertakings
Article 29
1. During the period starting from the date of making a decision about initiating anti-dumping
procedures, and not later than till the moment of determining final anti-dumping duties, the foreign
exporter may put forward an initiative to undertake an obligation to change the prices or stop the
process of dumping into the Polish customs territory (the so-called "price undertakings").
2. The Minister of Economy can apply to the foreign exporter for a price undertaking and the
foreign exporter may accept or reject it.G/ADP/N/1/POL/2
G/SCM/N/1/POL/2
Page 18
3. The request for such a price undertaking or an acceptance of such an undertaking cannot take
place before a provisional determination that the goods covered by anti-dumping procedures have
been dumped into the Polish customs territory and that such an importation causes an injury.
Article 30
1. The party presenting its initiative concerning a price undertaking shall prepare the text of the
obligation not containing information of a confidential character in order to make it available to other
parties concerned.
2. By means of a decision, the Minister of Economy may  accept the price undertaking of the
party mentioned in Article 29, paragraphs 1 and 3, and he shall discontinue the procedures in such a
case, with the reservation of Article 31, paragraph 1.
3. The decision mentioned in paragraph 2 shall specify the foreign exporter or exporters, or the
exporting country or countries. The decision shall be published in "Monitor Polski" Official Journal ofthe Republic of Poland and presented to parties concerned.
4. In the case when the state sector has a dominant role in the trade or determination of the price
of goods, which anti-dumping procedures refer to, in the exporting country, authorities of this country
may offer a price undertaking on behalf of all foreign exporters. Provisions of paragraphs 2 and 3shall be applied in such cases.
5. The Minister of Economy may not accept a price undertaking offered by a foreign exporter or
the government of the state mentioned in paragraph 4 above.
6. The foreign exporter or authorities of the country whose initiative to undertake the price
obligation has not been accepted, shall be informed about reasons of the rejection and a possibility to
express their opinion in this case. Reasons of not accepting the price obligation shall be presented in a
final decision that shall be announced in the Official Journal of the Minister of Economy.
7. The party which made the price obligation shall be obliged to present to the Minister of
Economy all information necessary to evaluate the realisation of the price obligation accepted by theparty within deadline specified in the decision mentioned in paragraph 2. The fact of not fulfilling this
obligation shall constitute a violation of the price undertaking.
Article 31
1. In the case of accepting a price undertaking, the termination of anti-dumping procedures shall
take place after determining final provisions referring to the importation of the dumped goods into the
Polish customs territory and causing an injury.
2. The price undertaking shall cease to be valid if it is confirmed that the goods have not been
dumped into the Polish customs territory, or that the importation has not caused any injury, unless
such circumstances have largely depended on the application of the price undertaking; in such a case,
the Minister of Economy shall inform the foreign exporter about the need to apply the price
undertaking further.
3. In the case when the party or parties do not adhere to accepted price undertakings or the said
parties or the Minister of Economy cease to apply them due to any reason, the Minister of Economy
shall impose a final anti-dumping duty according to Articles 36-38.G/ADP/N/1/POL/2
G/SCM/N/1/POL/2
Page 19
4. In the case when circumstances mentioned in paragraph 3 have occurred before final findings
mentioned in paragraph 1 above, the Minister of Economy may impose a provisional anti-dumping
duty according to Article 28.
Chapter 4
Completion of anti-dumping procedures
Section 1
General provisions
Article 32
1. Anti-dumping procedures should be completed within 12 months, and in special situation, not
later than within 18 months after the date of instituting them, by measures of a decision about
imposing a final anti-dumping duty, an acceptance of a price undertaking, or a discontinuation of the
procedures, or their suspension
2. The decision mentioned in paragraph 1 shall be announced in "Monitor Polski" Official
Journal of the Republic of Poland.
Article 23
1. In the case when it has been concluded on the grounds of the collected evidence that the
goods are dumped in the Polish customs territory and that the said importation causes an injury, the
Minister of Economy  determines the final anti-dumping duty by means of a regulation after a
previous consultation with the President of th e Competition and Consumers' Protection Office.
2. The justification of the decision mentioned in paragraph 1 shall include evidence collected
during the procedures according to requirements of the WTO Agreement.
3. The decision mentioned in paragraph 1 with its justification mentioned in paragraph 2 shall be
notified to the Committee on Anti-Dumping Practices of the World Trade Organisation (WTO) and
presented to parties concerned.
Article 34
By means of a regulation, the Minister of Economy shall discontinue anti-dumping
procedures:
(1) against a country the importation from which into the Polish customs territory has
been considered to be small according to Article 21, paragraph 1.1 on the grounds of the collected
evidence;
(2) in cases specified in Article 20, paragraph 6;
(3) in the case when on the grounds of the collected evidence it cannot be confirmed that:
(a) there takes place an importation of goods covered by anti-dumping
procedures at dumping prices into the Polish customs territory or
(b) the dumped imports of goods into the Polish customs territory cause a
material injury to the domestic industry.G/ADP/N/1/POL/2
G/SCM/N/1/POL/2
Page 20
Article 35
1. In the case of concluding that the dumping margin in the importation of goods covered by
anti-dumping procedures into the Polish customs territory by a given foreign exporter is minimal, i.e.
smaller than 2 per cent in relation to the export price,  the Minister of Economy shall suspend anti-
dumping procedures towards the given foreign exporter by measures of a decision.
2. Anti-dumping procedures towards exporters mentioned in paragraph 1 may be reopened at
any time if it proves to be justified due to a change in the importation conditions.
Section 2
Final anti-dumping duties
Article 36
The Minister of Economy shall especially determine the following elements in his decision to
impose final antidumping duties:
(1)  the goods;
(2) foreign exporters and exporting countries which the final anti-dumping duties shall
refer to;
(3) dumping margins for individual foreign exporters and exporting countries, as well as
the value of the final anti-dumping duties in relation to individual or all exporters from the givencountry, depending on circumstances, with a due consideration to interests of developing countries;
(4) foreign exporters or exporting countries which accepted the price undertakings.
Article 37
1. The decision mentioned in Article 38 shall be immediately presented to foreign exporters and
domestic importers, as well as governments of the exporting country or countries, the applicant or
applicants, and the Committee on Anti-Dumping Practices of the World Trade Organisation (WTO).
2. In the case when the given goods are brought into the Polish customs territory from many
sources, final anti-dumping duties shall be imposed in each case in an appropriate amount and in anon-discriminatory way, for the importation from all sources in relation to the dumping and an injury
have been confirmed, except for the importation covered by price undertakings.
3. In the case of applying the random control, the final anti-dumping duty imposed upon goods
sold or produced by foreign exporters or producers mentioned in Article 26, paragraph 4, cannotexceed the average weighed dumping margin established for foreign exporters or producers covered
by the random control.
4. In the case mentioned in paragraph 3 and in order to determine the average weighed dumping
margin, margins smaller than 2 per cent in relation to the exportation price are omitted.G/ADP/N/1/POL/2
G/SCM/N/1/POL/2
Page 21
Article 38
1. In the case of a periodical change in the market conditions, which have been the basis of
imposing final anti-dumping duties, and after a previous consultation with the President of theCompetition and Consumers' Protection Office, the Minister of Economy may make a decision about
suspending the application of these duties for a period of up to 9 months.  The suspension may be
prolonged for the period not exceeding 12 months.
2. Suspended anti-dumping duties can be imposed again by means of a regulation if the reason
of suspending them has ceased to exist.
Section 3
Collection of anti-dumping duties
Article 39
Customs authorities shall determine the amount and the method of collection of anti-dumping
duties.
Article 40
Provisional measures and anti-dumping duties shall be imposed on goods brought into the
Polish customs territory after the date specified in the decision mentioned in Article 28, paragraph 1
and Article 33, paragraph 1, unless other provisions dictate otherwise.
Article 41
In the case when the final anti-dumping duty is higher than the provisional anti-dumping
measure, the difference in the sum shall not be co llected. If the final anti-dumping duty is lower than
the temporary anti-dumping measure, the paid security equal to the difference between the provisional
anti-dumping measure and the final anti-dumping duty shall be reimbursed according to rules
determined in the Civil Code.
Article 42
If final determinations do not confirm the existence of  dumping or of a material injury, the
security made in connection with the imposition of the temporary anti-dumping measures shall be
reimbursed. No interest shall be paid on the sum of the reimbursed security.
Article 43
1. The final anti-dumping duty can be imposed on goods which have been admitted for
circulation in the Polish customs territory not earlier than 90 days before the date of imposing theprovisional anti-dumping measure, but not earlier th an on the date of initiating procedures, provided
that parties concerned were given the opportunity to express their opinion and that the following
circumstances occur at the same time:
(1) the importation of the respective goods was subjected to a registration mentioned in
Article 27, paragraph 2;G/ADP/N/1/POL/2
G/SCM/N/1/POL/2
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(2) the importation of the respective goods at dumping prices for a longer period of time
was already confirmed in the past or the domestic  importer was aware or should have been aware of
the scope of the applied dumping and the injury caused by it;
(3) the importation of goods at dumping prices which caused an injury during the period
covered by anti- dumping procedures, continues to increase considerably in such a scope and in such a
time that final anti-dumping duties may prove to be insufficient, making the caused injury difficult to
repair.
2. The imposition of the final anti-dumping duty mentioned in paragraph 1 shall not violate
Article 40.
3. Final anti-dumping duties cannot be imposed retroactively on goods brought into the Polish
customs territory before the violation date or before the date of a resignation from the price
undertaking.
PART IV
Procedures in cases connected with avoiding anti-dumping duties
Article 44
1. In the case of the occurrence of circumstances indicating an importation of similar goods or
their parts into the Polish customs territory in order to avoid the imposed anti-dumping duties, the
Minister of Economy may initiate anti-dumping procedures.
2. Articles 20-29 shall be applied respectively to procedures mentioned in paragraph 1, but they
should be completed within 9 months after the date of initiating them.
Article 45
In the case of concluding, as a result of the procedures, that the importation covered by the
procedures is aimed at avoiding the imposed an ti-dumping duties, the Minister of Economy shall
impose a final anti-dumping duty upon like goods or their parts from the date of introducing the
obligation to register the importation of such g oods into the Polish customs territory according to
provisions of Article 27.
Article 46
1. The avoidance mentioned in Article 44 means a change in the structure of the importation that
does not have a justified economic base apart from avoiding consequences of anti-dumping duties, as
a result of which there has taken place:
(1) a weakening of consequences of the imposed anti-dumping duties including a
decrease of prices of domestic goods;
(2) any other form of a compensation of anti-dumping duties by a foreign exporter.
2. Assembling activities conducted in Poland or in a third country shall be considered to be
aimed at avoiding the imposed anti-dumping duties in cases when:G/ADP/N/1/POL/2
G/SCM/N/1/POL/2
Page 23
(1) it has been initiated or increased after or directly before the initiation of anti-dumping
procedures, and parts used for the assembling are brought from a country the goods imported from are
covered by anti-dumping duties;
(2) the value of parts used for the assembling and coming from the country mentioned in
paragraph 1 does not constitute less than 60 per cent of the total value of parts of the assembled
product, however, the situation when the value added to parts brought during the assembling or
finishing exceeds 25 per cent of production costs in no case it shall be considered to be an avoidance
of anti-dumping duties;
(3) consequences of the anti-dumping duty are weakened and they do not eliminate the
injury done to the domestic industry in terms of prices or the quantity of assembled like goods and
there is evidence of an existence of dumping in rela tion to the normal value previously determined for
these goods.
Article 47
The President of the Central Board of Customs, acting at the request of the Minister of
Economy, shall oblige customs authorities to maintain a separate register of the importation of goods
covered by anti-dumping procedures mentioned in Article 44, paragraph 1, according to a provisions
of Article 27, paragraphs 2 and 3, with the consideration of:
(1) the purpose of the registration;(2) date when the registration of deliveries shall commence;
(3) goods covered by the registration of deliveries;
(4) amount  of anti-dumping duty or other securities.
PART V
Review, verification, and revision procedures
Rules of reimbursing anti-dumping duties
Article 48
1. Anti-dumping duties shall be applied as long and to such a extent as it is necessary to
counteract the dumping causing an injury.
2. Final anti-dumping duties shall cease to be applied not later than within 5 years after the date
of imposing them or after the date of completing the last overview of the dumping and the injury, if it
has not been concluded during the review that the resignation from the application of imposed anti-dumping duty should lead to a maintenance or a return of the dumping or the injury.
3. A notification about the date of the discontinuation of application of the imposed final anti-
dumping duty shall be announced in "Monitor Polski" Official Journal of the Republic of Poland at
least 90 days before the date of discontinuation.
4. After the announcement is published, domestic producers shall be entitled to submit a request
for a review of consequences of anti-dumping duties imposed so far not later than within 3 monthsG/ADP/N/1/POL/2
G/SCM/N/1/POL/2
Page 24
before the end of the five-year period, in order to determine whether the discontinuation of their
application is justified. Thus, a review anti-dumping procedures shall be initiated.
Article 49
1. The Minister of Economy shall review anti-dumping procedures:
(1) at a request submitted in the name of the domestic industry;(2) ex officio .
2. The request mentioned in paragraph 1.1, should especially specify evidence that the dumping
and the injury are maintained or evidence that a pa rtial or complete removal of the injury has become
impossible due to the imposed anti-dumping duties, or evidence proving that the position of the
foreign exporter or market conditions indicate a probability of a further occurrence of the dumping
and injury.
3. During the procedures, foreign exporters, domestic importers, and representatives of the
exporting country and the domestic industry shall be ensured a possibility to answer to accusations
and express their opinions about the request, while final decisions shall be formulated with the
consideration of all important and appropriately confirmed evidence.
4. The imposed anti-dumping duties shall be applied till the moment of terminating review
procedures.
Article 50
1. The Minister of Economy may, ex officio , verify the purposefulness of their application at any
time, at least one year after the date of determining final anti-dumping duties against a justified and
duly documented request of the concerned foreign exporter or producer, or at the request of a
domestic importer or domestic producers. Such a verification shall not be conducted more frequently
than once every 12 months.
2. During the verification mentioned in paragraph 1, it shall be especially determined whether
circumstances connected with the dumping or the injury have undergone an important change and
whether anti-dumping duties applied so far bring intended results removing the injury previously
determined. To this end, there shall be taken into consideration all important and documented
information and data presented during procedures.
Article 51
1. The Minister of Economy may make a decision about initiating revision procedures in order
to determine individual dumping margins for new foreign exporters from the exporting country in thecase of goods covered by initial anti-dumping procedures if the exporters have not been suppliers of
certain products in the examined period on the condition of proving that:
(1) they are not connected with foreign exporters or producers from the exporting
country whose goods are subjected to anti-dumping measures;
(2) the foreign exporter or producer have exported the goods into the Polish customs
territory after the completion of the initial procedures, or he can prove that he has concluded bindingG/ADP/N/1/POL/2
G/SCM/N/1/POL/2
Page 25
and mature contractual obligations concerning an exportation of a considerable quantities of goods
into the Polish customs territory.
2. The Minister of Economy shall initiate revision procedures mentioned in paragraph 1 after
enabling domestic producers to express their opinion about the request.
3. In his decision on initiating revision procedures, the Minister of Economy shall repeal anti-
dumping duties imposed upon foreign exporters mentioned in paragraph 1 as a result of the initial
anti-dumping procedures initiated against the impor tation of certain goods into the Polish customs
territory from countries of these foreign exporters.
4. The President of the Central Board of Customs, acting at the request of the Minister of
Economy, shall oblige customs authorities to maintain a separate register of the importation of goods
covered by anti-dumping procedures mentioned in paragraph 1 according to provisions of Article 27.
5. Anti-dumping duties imposed as a result of revision procedures may be imposed retroactively
starting from the date of making the decision on initiating revision procedures.
6. Provisions of paragraphs 1-5 shall be applied in the case when anti-dumping duties have been
imposed in initial procedures on the grounds of results of a random control.
Article 52
In the case when as a result of procedures mentioned in Articles 49-51 anti-dumping duties
shall be applied only to  certain foreign exporters from the given country, and they shall continue to
be valid against other foreign exporters from this country, foreign exporters against whom the anti-dumping duties shall be repealed, shall remain the subject of procedures and may be automatically
subjected to other examinations in each subsequent procedure.
Article 53
Articles 48-52 shall be applied respectively to price undertakings, except for regulations of
Article 51, paragraphs 5-6.
Article 54
1. Procedures mentioned in Articles 49 and 50 shall be terminated within 12 months and, in
special cases, 18 months after their initiation.
2. Revision procedures mentioned in Article 51, sh ould be initiated without an undue delay and
they should be terminated as soon as possible, but not later than within 12 months.
3. Provisions of Articles 20-28 and 32-38 shall be applied respectively to procedures mentioned
in Articles 49-53.
Article 55
1. The Minister of Economy may resume anti-dumping procedures after previous consultations
with foreign exporters and domestic importers of the goods, and the President of the Competition and
Consumers' Protection Office in the case when the domestic industry supplies sufficient evidence
proving that the applied anti-dumping procedures have not resulted in any movements in domestic
prices or have led to movements of these prices insufficient to repair the injury.G/ADP/N/1/POL/2
G/SCM/N/1/POL/2
Page 26
2. Provisions of Articles 20-28 and 32-38 shall be applied respectively to procedures mentioned
in paragraph 1, providing that they will be resumed without an undue delay and terminated within 6
months after the date of resuming them.
Article 56
1. The paid anti-dumping duties shall be reimbursed to the domestic importer on the basis of a
decision of the Minister of Economy confirming th e justification of the reimbursement of the anti-
dumping duties.
2. The Minister of Economy shall make a decision mentioned in paragraph 1 at a written request
of the domestic importer containing exact information about the demanded sum of the anti-dumping
duty to be reimbursed, submitted together with a comp lete documentation referring to the calculation
and payment of the said sum. The application should also indicate the justification of the
reimbursement of the anti-dumping duty, and especia lly the fact that the dumping margin did not exist
or was smaller than the dumping margin on the basis of which the rate of the anti-dumping duty
forming the basis of the calculation and collection of the said duty was determined in the moment of
collecting it.
3. A written request of the domestic importer mentioned in paragraph 2 should be submitted
within 6 months from the day of informing the person obliged to pay the final anti-dumping duty.
4. In order to make the decision about the grounds for a reimbursement of the anti-dumping
duty, the Minister of Economy may initiate review anti-dumping procedures.
5. The decision about the justification of the reimbursement of the anti-dumping duty should
especially determine data referring to customs declarations of goods covered by the duty to be
reimbursed, as well as the sums to be reimbursed. The said decision should be taken within 12 months
after the submission of the request mentioned in paragraph 2. In special cases, the deadline can be
prolonged up to 18 months.
6. The customs authority which has collected the anti-dumping duty makes a decision on
reimbursing the anti-dumping duty within 30 days after the domestic importer submits the written
request together with a decision of the Minister of Economy about the grounds of reimbursing the
anti-dumping duty, the original of the receipt of the anti-dumping duty payment and documents the
presentation of which is necessary to determine the customs designation of the goods.
7. The amount of the anti-dumping duty to be reimbursed is considered ex officio  as overdue or
current debt resulting from customs duties.
8. In the case of a lack of the debt mentioned in paragraph 7 above, the anti-dumping duty is
returned within 30 days after the date of making the decision on approving the reimbursement.
9. No interests shall be paid on the reimbursed anti-dumping duty.10. The Minister of Economy shall determine by in a regulation:
(1) mode and method of making the decision about the grounds for the reimbursement of
the anti-dumping duty;G/ADP/N/1/POL/2
G/SCM/N/1/POL/2
Page 27
(2) the form of the request for  a decision on the grounds for the reimbursement of the
anti-dumping duty and documents that shall be attached to the form.
Article 57
Customs authorities reimburse the anti-dumping duty on the basis of provisions of the present
Law, irrespectively of a reimbursement of customs duties on the grounds of the Customs Code.
Article 58
In all examinations relating to the review, verifications, revisions, and reimbursements, a
methodology implemented during procedures that led to the imposition of the duties is applied.
PART VI
Confidentiality guarantee
Article 59
1. All information of a confidential nature, especially those a disclosure of which would
constitute a considerable competitive advantage for companies or would have significantly adverseeffect for the person supplying the information or upon a person from whom that person acquired the
information, or which is provided on a confidential basis by parties to the investigation, shall be
treated as confidential, unless there is no good cause shown to consider it confidential.
2. Parties concerned providing confidential information shall be obliged to furnish non-
confidential summaries thereof. These summaries sh all be in sufficient detail to permit a reasonable
understanding of the substance of the information. In justified circumstances, parties concerned may
inform the Minister of Economy that such an information is not susceptible of summary. In such
circumstances they shall be obliged to justify their opinion.
3. In the case when the person supplying the information refuses to reveal it in a generalised
summary, the information may be disregarded, unless other reliable sources confirm it.
Article 60
1. If there is a necessity to make the information and evidence obtained during anti-dumping
procedures conducted on the basis of provisions of the present Law public, the Minister of Economymay reveal them within the scope necessary to explain solutions undertaken in the procedures.
Provisions of Article 59 shall not be applied in such a case.
2. When revealing information and evidence mentioned in paragraph 1, a justified interest of the
parties concerned, including the parties' right to keep trade secrets shall be taken into consideration.
Article 61
1. Confidential information obtained on the basis of the present Law cannot be revealed without
a clear authorisation of the person who has supplied it.
2. Information referring to official consultations conducted on the basis of the present Law, as
well as other internal documents prepared by state authorities in connection with procedures
conducted on the basis of the present Law, can be revealed only on authorisation of these authorities.G/ADP/N/1/POL/2
G/SCM/N/1/POL/2
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3. Information obtained on the basis of the present Law can be utilised only for purposes for
which it has been collected.
PART VII
Provisional and final regulations
Article 62
Anti-dumping procedures which have been initiated and not completed in the form of a final
decision before the present Law coming into force shall be continued according to provisions valid sofar.
Article 63
The present Law shall come into force on 1 January 1998.
President of the Republic of Poland: A. Kwaÿniewski
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