WORLD TRADE
ORGANIZATIONG/ADP/N/1/MDA/1
G/SCM/N/1/MDA/1G/SG/N/1/MDA/1
12 February 2002
(02-0676)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing Measures
Committee on SafeguardsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS
MOLDOVA
The following communication, dated 7 February 2002, has been received from the Permanent
Mission of Moldova.
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With reference to Article 18.5 of the Agreement on Implementation of Article VI of the
GATT 1994, Moldova has the honour to notify the Committee on Anti-Dumping Practices that theprovisions of the said Agreement were implemented in the Republic of Moldova by the Law on Anti-
Dumping Measures, Countervailing Duties and Safeguards, No. 820 - XIV of 17 February 2000.
TABLE OF CONTENTS
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CHAPTER I: GENERAL.................................................................................................... 2
CHAPTER II: ANTI-DUM PING MEAS URES ................................................................. 3
CHAPTER III: COUNTERVAI LING MEAS URES......................................................... 24
CHAPTER IV: S AFEGUARDS .......................................................................................... 44
CHAPTER V: FINAL AND TRANS ITORY PROVISIONS.......................................... 50G/ADP/N/1/MDA/1
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LAW ON ANTIDUMPING MEASURES, COUNTERVAILING
DUTIES AND SAFEGUARDS
Nr. 820 – XIV of 17.02.2000
Monitorul Oficial of the Republic of Moldova (Issue 5-7/13 of 18.01.2001)
The Parliament hereby adopts this organic law as hereafter:
CHAPTER I:  GENERAL
Article 1.  The area of application for this law
This law shall establish the protection measures applicable to the imports, which are the
object of a dumping action or are subventioned by their country of origin or their exporting country,
as well as to the imports, which – because of their quantities or terms and conditions of delivery – are
causing injury to domestic manufacturers of like or directly competing goods, or threaten to causesuch injury.
Article 2.  Principal terms
For the purposes of this law, the following terms shall have the meaning as hereafter:Dumping (a dumping action) shall mean introduction of a product to the market at a price,
which is lower than its normal value, or where the exports price of that product at the time of its
exports from one country into another is lower than the comparable prices registered in normal trade
transactions with like products, intended for domestic consumption in the exporting country;
A subsidy shall mean allocation of financial support to economic entities, performed directly
or indirectly by any public authorities in order to make the exports operations more profitable;
An anti-dumping duty shall mean a special duty payable on the imports of products at a price
lower than their normal value in the exporting country at the time of imports;
A countervailing duty shall mean a special duty payable in order to neutralise any financial
contributions paid directly or indirectly for the stimulation of the production or the export of a
product;
Safeguard measures shall mean the measures to be applied where a product is imported in the
quantities and/or on terms and conditions, which cause or might cause a serious injury to a national
industry;
A country of exports shall normally be thecountry of goods origin.  However, it might be an
intermediary country, excepting the cases where the products have been brought into it for transit
purposes, or where the products have not been produced in that country, or where a comparable price
for the respective products can not be found in that country;G/ADP/N/1/MDA/1
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A national industry shall be interpreted as referring to the Moldovan producers as a whole of
the like products or to those of them whose collective output of the products constitutes a major
proportion of the total national production of those products;
Fair value shall mean the value that corresponds to the actually paid price, or the price that
could be paid for like products in  an arms-length commercial transaction by consumers in the
exporting country;
A dumping margin shall mean the difference between the exports price and the fair value of
the investigated products;
The term “injury” shall, unless otherwise specif ied, be taken to mean material injury to the
National industry, threat of material injury to the Moldovan industry or material retardation of the
establishment of such an industry;
Investigated products shall mean the products that are the object of an investigation;
The term "like product" shall be interpreted to mean a product which is identical, that is to
say, alike in all respects to the product under investigation, or in the absence of such a product,
another product which although not alike in all respects, has characteristics closely resembling thoseof the product under investigation. In determination of like products, quality and reputation of the
products, the existence of a brandname or a trademark should also be taken into account;
The interested parties shall mean:
- foreign exporters or manufacturers, or importers of the investigated products, or a
trade or business association where the overwhelming majority of members are
producers, exporters or importers of the investigated products;
- the government of the exporting country,- manufacturers of like products in the Republic of Moldova, or a trade or business
association where the overwhelming majority of members manufacture like products
in the Republic of Moldova;
The Investigating Authority shall mean a public authority in the Republic of Moldova,
responsible for the elaboration, regulation and supervision of the anti-dumping measures,countervailing duties and safeguards.
CHAPTER II:  ANTI-DUMPING MEASURES
Article 3.  General principles
(1) An anti-dumping duty may be applied to any dumped product, which causes injury to
domestic producers, subject to the existence of a causal link between the dumping action and such
injury.
(2) A product should be considered dumped only where its exports price – at the time of its
introduction to Moldova - is lower than the usual price charged in the ordinary course of trade for like
products intended for consumption at the domestic market of the exporting country.G/ADP/N/1/MDA/1
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Article 4.   Determination of dumping activities
(1) Where the exporter does not produce or sell like products in the exporting country, the
product’s fair value may be established based on the prices charged by other sellers or producers.
The prices charged in transactions between the parties, which appear to be associated or
which have entered into a compensatory arrangement with each other, may not be considered usual
prices charged in the ordinary course of trade and they must not be used to establish fair value, unless
it has been established that they are not affected by the existing relationships.
(2) The sales of like products, intended for domestic consumption in the exporting country, shall
normally be considered sufficient to determine fair value, where such sales account for at least 5 per
cent of the total sales of the investigated product in the Republic of Moldova. However, a lower
percentage of the total sales may be used where it is sufficient for the purposes of an adequate
comparison.
(3) Where the sales of like products are non-existent or very insignificant in the ordinary course
of trade at the domestic market of the exporting country, or where - due to the specifics of the
exporting country’s domestic market - such sales do not allow to perform a proper comparison, the
fair value of like products shall be calculated based on:
(a) the production costs in the country of origin, plus a reasonable amount to cover the
sales costs, general and administrative costs, and to allow a profit; or
(b) the export prices used in the ordinary course of trade with a relevant third country,
provided those prices are representative.
(4) The sales of like products at the exporting country’s domestic market, or export sales to a
third country at a price below the total of production costs (fixed or variable) per unit and sales costs
as well as general and administrative costs shall be considered deviations from the ordinary course of
trade due to the price level, and they shall be disregarded in determining fair value, but only where
such sales have been practiced in substantial amounts for a long time and at a price, which does notensure the recovery of all costs within a reasonable period of time.
Where at the time of sale the price is lower than the product costs per unit, but it is however
higher than the weighted average product costs per unit for the period under investigation, such price
shall be deemed able to ensure the recovery of product costs within a reasonable period of time.
‘A long time’ shall normally mean one year, but in no case less than six months.The sales below product costs per unit shall be considered to have been practiced in
substantial amounts where the investigating authority establishes that the weighted average sales priceis below the weighted average product costs per unit or that the amount of sales below cost per unit
accounts for at least 20 per cent of the total sales taken into account for the purposes of fair value
determination.
(5) The costs shall normally be calculated on th e basis of the records maintained by the party
under investigation, provided such records are main tained in accordance with the generally accepted
accounting principles of the exporting country and those records veritably reflect the associated
production and sales costs of the product under investigation.G/ADP/N/1/MDA/1
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Consideration shall be given to the submitted evidence concerning the correct cost
breakdown, provided such cost breakdown has a tradition of usage. In the absence of a more
appropriate method, preference shall be given to the cost breakdown based on the amounts of sales.Unless already reflected in the cost breakdown according to the requirements of this subparagraph, the
costs shall be adjusted appropriately for the non-reimbursable expense intended to benefit future
and/or current production.
Where for a certain part of the cost recovery period the costs have been affected by the use of
new production techniques, intended to expand the production and requiring substantial additional
investment, or by low capacity utilization rates due  to the adjustment and working-in within the
period under investigation, the relevant average working-in costs shall be applied - in conformity with
the above cost breakdown rules - to the end of such a phase, and they shall be included - at the
relevant level for the period concerned - in the weighted average costs referred to in Paragraph (4),
Subparagraph 2. The length of the working-in phase shall be determined depending on the particular
circumstances of the producer or exporter concerned, but they shall not exceed the reasonable initialportion of the cost-recovery period. For the purposes of such adjustment of the costs applicable to the
period under investigation, the information shall be taken into account, which relates to the working-
in phase extending beyond the period under investigation, provided such information has been
submitted prior to the verification visit and within three months after the start of the investigation.
(6) The sales costs, general and administrative costs and profits shall be determined based on the
actual data on production and sales of like products by the exporter or producer under investigation in
the ordinary course of trade. When such costs canno t be determined as above, they shall be calculated
on the basis of:
(a) the weighted average of the actual manufacture and sale costs of like products at the
domestic market of the country of origin, as calculated for other exporters or
producers under investigation;
(b) the actual production and sale costs of the same general category of products borne
by the exporter or producer in question at the domestic market of the country of
origin in the ordinary course of trade;
(c) any other reasonable method, provided the profits so established do not exceed the
profit normally obtainable by other exporters or producers on the sales of products in
the same general category at the domestic market of the country of origin.
(7) In the case of imports from non-market economies, fair value shall be determined on the basis
of the price or constructed value of like products in a third country, which has market economy, or the
export price from such a third country to other countries, or – should the above be impossible - on
any other reasonable basis, including the price actually paid or payable for like products at the
Moldovan market, duly adjusted where necessary to include a reasonable profit margin.
For reference purposes, a third country, which has market economy, shall be selected in a
reasonable manner, taking into account any relevant information available at the time of such
selection. Due account shall also be taken of time limits. Where possible, a third country with market
economy should be selected, which is subject to a similar investigation.
The parties involved in the investigation shal l be informed shortly after its beginning about
the eventual selection for the purposes of reference of a third country with market economy, giving
them 10 days to submit their comments.G/ADP/N/1/MDA/1
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(8) The export price shall be the price actually paid or payable for a product sold to be exported
to the Republic of Moldova.
(9) Where there is no export price or where the investigating authority believes in the existence of
an alliance or compensatory arrangement between the exporter and the importer or a third country, or
where the price actually paid for the sold exported product cannot be used as the reference price for
any other reason, the export price may be construed on the basis of the price at which the imported
products have been sold to an independent buyer for the first time, or on any other reasonable basis -
where the products have not been resold to an independent buyer or they have not been sold in the
same state, in which they had been originally imported.
In such cases, adjustments should be made for all the costs, including the duties and taxes
paid in the time between the imports and resale, and for the accrued profits. Such costs shall include
all the costs normally incurred by the importer, and paid by the partners operating in Moldova or
abroad, and provided for in the alliance agreemen t or a compensatory arrangement with the importer
or exporter.
Adjustments shall be made for the costs of transport, insurance, handling, loading and
unloading, auxiliary costs; customs duties, anti-dumping duties, other taxes payable in Moldova, and
reasonable general costs and profits, as well as all the usual or agreed commission fees.
(10) A fair comparison shall be made of the exports price and fair value. Such comparison shall be
made at the same level of trade and for the sales that have taken place within the possibly closest
period of time.
Where the established fair value and the export price are not quite comparable, due account
shall be taken in each particular case of the differences affecting the extent of their comparability,
including the difference in terms and conditions of sale, taxation, trade levels, quantities and physical
characteristics.
Adjustments shall be made in such a way, so as to prevent any duplication, in particular in
relation to discounts, reductions, quantities or level of trade. Where such conditions are observed,adjustments should be made for the following:
(a) Physical characteristics
An adjustment shall be made for differences in physical characteristics of the product under
investigation. The extent of the adjustment shall reflect a reasonable estimate of the difference in open
market values.
(b) Import taxes and indirect taxes
The fair value shall be adjusted for an amount corresponding to any import taxes or indirect
taxes applicable to like products and materials physically incorporated therein, where they are
intended for consumption in the exporting country, provided such taxes are not applicable or they are
refunded in respect of the products exported to the Republic of Moldova.
(c) Discounts, reductions and quantities
An adjustment shall be made for differences in discounts and reductions, including those
given for difference in quantities, where those amounts have been substantiated and proven asG/ADP/N/1/MDA/1
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properly quantified and directly linked to the sales under consideration. An adjustment may also be
made for the deferred discounts and reductions where the claim is based on consistent practices in
prior periods, including compliance with the conditions required to qualify for the discount orreductions.
(d) Level of trade
An adjustment shall be granted for differences in levels of trade, including any differences
which may arise in OEM (Original Equipment Manu facturer) sales, where, in relation to the
distribution chain in both markets, it is shown that the export price (including the constructed exportprice) is at a different level of trade to the fair value and the difference, which has affected price
comparability, is demonstrated by consistent and distinct differences in functions and prices of the
sellers for different levels of trade in the domestic market of the exporting country. The amount of the
adjustment shall be based on the reasonably assessed market value of the difference.
(e) Transport, insurance, handli ng, loading and ancillary costs
An adjustment shall be made for differences in the directly related costs incurred for
conveying the product concerned from the premises of the exporter to an independent buyer, where
such costs are included in the prices charged. Those costs shall include transport, insurance, handling,
loading and ancillary costs.
(f) Packing
An adjustment shall be made for differences in the packing costs for the product under
investigation.
(g) Credit
An adjustment shall be made for differences in the costs of any credit granted for the sales
under investigation, provided that it is a factor taken into account in the determination of the prices
charged.
(h) After-sales costs
An adjustment shall be made for differences in the direct costs of providing warranties,
guarantees, technical assistance and services, as provided for by law and/or in the sales contract.
(i) Commissions
An adjustment shall be made for differences in commissions (fees) paid in respect of the sales
under investigation.
(j) Currency conversions
Where the price comparison requires conversion of currencies, such conversion shall be made
using the rate of exchange on the date of sale, excep t that when a sale of foreign currency on forward
markets is directly linked to the export sale involve d, the rate of exchange in the forward sale shall be
used.  Normally, the date of sale shall be the date of invoice, but the date of contract, purchase order
or order confirmation may be used, if these more appropriately establish the material terms of sale.G/ADP/N/1/MDA/1
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Fluctuations in exchange rates shall be ignored and exporters shall be granted 60 days to adjust export
prices, in order to reflect a sustained movement in exchange rates during the investigation period.
(11) The amount (extent) of the adjustment shall be calculated based on the relevant data for the
investigation period or for the period of the last available financial operation. Account shall not be
taken of the requests for adjustments with negligible influence upon the price or transaction value
under consideration, such as the influences not exceeding 0.5 per cent of the price or transaction
value.
(12) The existence of margins of dumping during the investigation period shall normally be
established on the basis of:
(a) comparison of individual fair values and individual export prices to the Republic of
Moldova on a transaction-to-transaction basis; or
(b) comparison of a weighted average fair value with a weighted average of prices of all
export transactions to the Republic of Moldova.
For the cases, where it is impossible to use the methods specified in Clauses (a) and (b)
hereof, comparison shall be applied of a weighted average fair value with the prices of all individualexport transactions to the Republic of Moldova. However, a fair value established on a weighted
average basis may be compared to prices of all individual export transactions to the Republic of
Moldova, if there is a pattern of export prices which differs significantly among different purchasers,
regions or time periods, and if the methods specified in Clauses (a) and (b) hereof would not reflect
the full degree of dumping being practised.
This paragraph shall not preclude the use of sampling in accordance with Article 19.
(13) Where dumping margins vary, a weighted average dumping margin may be established.Article 5:  Determination of injury
(1) A determination of injury shall be based on positive evidence and shall involve an objective
examination of both:
(a) the volume of the dumped imports and the effect of the dumped imports on prices in
the Moldovan market for like products; and
(b) the impact of the dumped imports on the national industry.
(2) With regard to the volume of the dumped imports, consideration shall be given to whether
there has been a significant increase in dumped imports, either in absolute terms or relative toproduction or consumption in the Republic of Moldova. With regard to the effect of the dumped
imports on prices, consideration shall be given to whether there has been significant price
undercutting by the dumped imports as compared with the price of a like product of the national
industry, or whether the effect of such imports is otherwise to depress prices to a significant degree or
prevent price increases, which would otherwise have occurred, to a significant degree. No one ormore of these factors can necessarily give decisive guidance.G/ADP/N/1/MDA/1
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(3) Where imports of a product from more than one country are simultaneously subject to anti-
dumping investigations, the effects of such imports shall be cumulatively assessed only if it is
determined that:
(a) the margin of dumping established in relation to the imports from each country is
more than de minimis  as defined in Article 11 (2) and that the volume of imports from
each country is not negligible; and
(b) a cumulative assessment of the effects of the imports is appropriate in light of the
conditions of competition between imported products and the conditions ofcompetition between the imported products and the like domestic product.
(4) The examination of the impact of the dumped imports on the national industry concerned
shall include an evaluation of all relevant economic factors and indices having a bearing on the state
of the industry, including the fact that an industry is  still in the process of recovering from the effects
of past dumping or subsidization, the magnitude of the actual margin of dumping, actual and potential
decline in sales, profits, output, market share,  productivity, return on investments, utilization of
capacity; factors affecting Moldovan market prices; actual and potential negative effects on cash flow,
inventories, employment, wages, growth, ability to  raise capital or investments. This list is not
exhaustive, nor can any one or more of these factors necessarily give decisive guidance.
(5) It must be demonstrated, from all the relevant evidence presented in relation to paragraph (1),
that the dumped imports are causing injury within the meaning of this Chapter. Specifically, this shall
entail a demonstration that the volume and/or price levels, identified pursuant to paragraph (2), are
responsible for an impact on the Moldova's industry as provided for in paragraph (4), and that thisimpact exists to a degree, which enables it to be classified as material.
(6) Known factors other than the dumped imports, which at the same time are injuring the
national industry, shall also be examined to ensure that injury caused by these other factors is not
attributed to the dumped imports under paragraph 6. Factors which may be considered in this respect
include the volume and prices of imports not sold at dumping prices, contraction in demand or
changes in the patterns of consumption, restrictive trade practices of, and competition between, thirdcountry and Moldovan producers, developments in technology and the export performance and
productivity of the Moldova's industry.
(7) The effect of the dumped imports shall be assessed in relation to the production of the
national industry of the like products when available data permit the separate identification of thatproduction on the basis of such criteria as the production process, producers' sales and profits. If such
separate identification of that production is not possible, the effects of the dumped imports shall be
assessed by examination of the production of the narrowest group or range of products, which
includes the like product, for which the necessary information can be provided.
(8) A determination of a threat of material injury shall be based on facts and not merely on
allegation, conjecture or remote possibility. The change in circumstances, which would create a
situation in which the dumping would cause injury, must be clearly foreseen and imminent.
In making a determination regarding the existence of a threat of material injury, consideration
should be given to such factors as:
(a) a significant rate of increase of dumped imports into the Moldovan market indicating
the likelihood of substantially increased imports;G/ADP/N/1/MDA/1
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(b) sufficient freely disposable capacity of the exporter or an imminent and substantial
increase in such capacity indicating the likelihood of substantially increased dumpedexports to the Republic of Moldova, account being taken of the availability of other
export markets to absorb any additional exports;
(c) whether imports are entering at prices that would, to a significant degree, depress
prices or prevent price increases which otherwise would have occurred, and would
probably increase demand for further imports; and
(d) inventories of the product being investigated.
No one of the factors listed above by itself can necessarily give decisive guidance but the
totality of the factors considered must lead to the conclusion that further dumped exports are
imminent and that, unless protective action is taken, material injury will occur.
Article 6:  Definition of the National Industry
(1) In addition to the definition of the term provided for in Article 2 hereof, when domestic
producers are related to the exporters or importers or are themselves importers of the allegedlydumped product, the term "national industry" may be interpreted as referring to the rest of the
producers.
(2) In exceptional circumstances the total market  of the Republic of Moldova may, for the
production in question, be divided into two or more competitive market segments and the producerswithin each segment may be regarded as a separate industry if:
(a) the producers within such a segment sell all or almost all of their manufacture of the
product in question in that segment; and
(b) the demand in that segment is not to any substantial degree supplied by producers of
the product under investigation located elsewhere in the Republic of Moldova.
In such circumstances, injury may be found to exist even where a major portion of the total
national industry is not injured, provided there is a concentration of dumped imports into such an
isolated market and provided further that the dumped imports are causing injury to the producers of
all or almost all of the production within such a segment.
(3) For the purposes of Paragraph (1), producers shall be considered to be related to exporters or
importers only if:
(a) one of them directly or indirectly controls the other; or(b) both of them are directly or indirectly controlled by a third person; or(c) together they directly or indirectly control a third person.
The provisions hereof shall apply, provided there are grounds for believing or suspecting that
the effect of the relationship is such as to cause the producer concerned to behave differently from
non-related producers. For the purpose of this paragraph, one shall be deemed to control another when
the former is legally or operationally in a position to exercise restraint or direction over the latter.G/ADP/N/1/MDA/1
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(4) Where the national industry has been interpreted as referring to the producers in a certain
region, the exporters shall be given an opportunity to offer undertakings pursuant to Article 10 inrespect of the region concerned. In such cases, when evaluating the national interest of the measures,
special account shall be taken of the interest of the region concerned. If an adequate undertaking is not
offered promptly or the situations set out in Article 10 (5) and (6) apply, a provisional or definitive
anti-dumping duty may be imposed in respect of the country as a whole. In such cases, the duties may,
if practicable, be limited to specific producers or exporters.
Article 7:  Initiation of proceedings
(1) Any natural or legal person, or any association not having legal personality, acting on behalf
of the national industry, which is believed to be injured or threatened by the dumped imported goods,
and having evidence of the existence, degree and ef fect of such alleged dumping, may lodge a written
complaint requesting to initiate an investigation. The complaint shall be considered lodged on the day
it is received by the Investigating Authority. The Investigating Authority must register the received
complaint and give the complainant party a confirmation of its receipt.
(2) A complaint shall include sufficient evidence of dumping, injury and a causal link between
the allegedly dumped imports and the alleged injury. The complaint shall contain information on thefollowing:
(a) identity of the complainant and a description of the volume and value of the national
production of the like product. Where a written complaint is made on behalf of the
national industry, the complaint shall identify the industry on behalf of which thecomplaint is made by a list of all known domestic producers of the like products (or
associations of domestic producers of the like products) and a description of the
volume and value of the national production of the like product accounted for by such
producers;
(b) a complete description of the allegedly dumped product, the names of the country or
countries of origin or export in question, the identity of each known exporter orforeign producer and a list of known persons importing the product under
investigation;
(c) information on prices at which the product in question is sold when destined for
consumption in the domestic markets of the country or countries of origin or export,or, where appropriate, information on the prices at which the product is sold from the
country or countries of origin or export to a third country or countries or on the
constructed value of the product, and information on export prices or, where
appropriate, on the prices at which the product is first resold to an independent buyer
in the Republic of Moldova;
(d) information on changes in the volume of the allegedly dumped imports, the effect of
those imports on prices of the like product on the Moldovan market and the
consequent impact of the imports on the national industry, as demonstrated by
relevant factors and indices having a bearing on the state of that national industry,such as those listed in Article 5 (2) and (4).G/ADP/N/1/MDA/1
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(3) The Investigating Authority shall examine the accuracy and adequacy of the evidence
provided in the complaint to determine whether there is sufficient evidence to justify the initiation of
an investigation.
(4) An investigation shall not be initiated unless it has been determined, on the basis of an
examination as to the degree of support for, or opposition to, the complaint expressed by domestic
producers of the like product, that the complaint has been made by or on behalf of the national
industry. The complaint shall be considered to have been made by or on behalf of the national
industry if it is supported by those domestic producers whose collective output constitutes over 50 per
cent of the total production of the like product produced by that portion of the national industryexpressing either support for or opposition to the complaint. However, no investigation shall be
initiated when domestic producers expressly supporting the complaint account for less than 25 per
cent of the total production of the like product produced by the national industry.
(5) The Investigating Authority shall avoid, unless a decision has been made to initiate an
investigation, any publicising of the complaint s eeking the initiation of an investigation. However,
after receipt of a properly documented complaint and before proceeding to initiate an investigation,
the government of the country of origin or the exporting country concerned shall be notified.
(6) The evidence of both dumping and injury shall be considered simultaneously in the decision
on whether or not to initiate an investigation. A comp laint shall be rejected where there is insufficient
evidence of either dumping or of injury to justif y proceeding with the case. Proceedings shall not be
initiated against countries whose imports represent a market share of below 1 per cent in the Republic
of Moldova, unless such countries collectively account for 3 per cent or more of the national
consumption in Moldova.
(7) The complaint may be withdrawn prior to the start of the investigation, in which case the
proceedings shall be terminated, provided that such termination of the investigation is in the interests
of the Republic of Moldova.
(8) Where, in the absence of any complaint, the Investigating Authority is in possession of
sufficient evidence of dumping and of resultant injury to the national industry, it may initiate aninvestigation without having received a compliant.
(9) Where, it is apparent that there is sufficient  evidence to justify initiating a proceeding, the
Investigating Authority shall do so within 45 days of the lodging of the complaint and shall publish a
notice in the Official Monitor of the Republic of Moldova. Where insufficient evidence has beenpresented, the complainant shall be so informed w ithin 45 days of the date on which the complaint is
lodged with the Investigating Authority.
(10) The notice of initiation of the investigation shall indicate the product and countries concerned,
give a summary of the information received, and provide that all relevant information is to be
communicated to the Investigating Authority; it shall state the periods within which interested parties
may present their views in writing or apply to be heard by the Investigating Authority in accordance
with Article 8 (3).
(11) The Investigating Authority shall formally advise the exporters and importers concerned, as
well as representatives of the exporting country and the complainants, of the initiation of the
proceedings.G/ADP/N/1/MDA/1
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(12) An anti-dumping investigation shall not hinder the procedures of customs clearance of the
allegedly dumped product.
Article 8: Anti-dumping investigation
(1) The initiated anti-dumping investigation shall cover both dumping and injury and these shall
be investigated simultaneously. An investigation period shall be selected which, in the case of
dumping shall, normally, cover a period of not less than six months immediately prior to the initiation
of the proceeding. Information relating to a period subsequent to the investigation period shall,
normally, not be taken into account.
(2) Parties receiving questionnaires used in an anti-dumping investigation shall be given at least
30 days to reply. The time limit for exporters shall be counted from the date of receipt of the
questionnaire, which for this purpose shall be deemed to have been received one week from the day
on which it was sent to the exporter or transmitted to the appropriate diplomatic representative of theexporting country. An extension of 30 days may be granted, due account being taken of the time
limits of the investigation, provided that the party shows due cause for such extension, in terms of its
particular circumstances.
(3) The interested parties shall be heard if they have, within the period prescribed in the notice
published in the Official Monitor of the Republic of Moldova, made a written request for a hearing
showing that they are an interested party likely to be  affected by the result of the proceeding and that
there are particular reasons why they should be heard.
(4) The Investigating Authority shall, upon request of the parties, which have made themselves
known in accordance with Article 7 (10), provide an opportunity to meet the parties with adverse
interests, so that opposing views may be presented and rebuttal arguments offered.  Provision of such
opportunities must take account of the need to preserve confidentiality and of the convenience to the
parties.  There shall be no obligation on any party to attend such a meeting, and failure to do so shall
not be prejudicial to that party's case. Oral information provided under this paragraph shall be taken
into account in so far as it is subsequently confirmed in writing.
(5) The complainants, importers and exporters and their representative associations, user and
consumer organizations, which have made themselves known in accordance with Article 7 (10), as
well as the representatives of the exporting country may, upon request, inspect all information made
available by any party to an investigation (excepting internal documents prepared by the authorities of
the Republic of Moldova), which is relevant to the presentation of their cases and not confidentialwithin the meaning of Article 21, and that it is us ed in the investigation. Such parties may respond to
such information and their comments shall be taken into consideration, wherever they are sufficiently
substantiated in the response.
(6) Excepting the cases provided for in Article 20, information provided by the interested parties
and forming a basis for their statements shall be verified, to the extent possible, for its exactness.
(7) An investigation shall be concluded either by its termination or by a ruling to impose an anti-
dumping duty. An investigation shall normally be concluded within one year. In the cases provided
for in Articles 10 and 11, such investigation shall be concluded within 15 months of its initiation.G/ADP/N/1/MDA/1
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Article 9: Provisional anti-dumping measures
(1) Provisional duties may be imposed if proceedings have been initiated in accordance with
Article 7, if a notice has been given to that effect and interested parties have been given adequate
opportunities to submit information and make their opinion known, if a provisional affirmative
determination has been made of dumping and consequent injury to the national industry. The
provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but
not later than nine months from the initiation of the proceedings.
(2) The amount of the provisional anti-dumping duty shall not exceed the margin of dumping as
provisionally established, but it should be less than the margin if such lesser duty would be adequate
to remove the injury to the national industry.
(3) Provisional duties may be secured by a guarantee, and the release of the products under
investigation for free circulation in the Republic of Moldova shall be conditional upon the provisionof such guarantee.
(4) Provisional duties may be imposed for six months and extended for a further three months or
they may be imposed for nine months. However, they may only be extended, or imposed for a nine-
month period, where exporters representing a significant percentage of the trade involved so requestor do not object.
(5) Provisional anti-dumping duties shall be applied with observance of the relevant provisions of
Article 11.
Article 10:  Undertakings
(1) Investigations may be terminated without the imposition of provisional or definitive duties
upon receipt by the Investigating Authority of satisfactory voluntary undertakings from any exporter
to revise its prices to an extent, which eliminates the dumping margin or injurious effect of the
dumping. Price increases under such undertakings shall not be higher than necessary to eliminate the
provisionally calculated margin of dumping and they should be less than the margin of dumping ifsuch increases would be adequate to remove the injury to the national industry.
(2) Undertakings may be suggested by the Investigating Authority, but no exporter shall be
obliged to enter into such an undertaking. The fact that exporters do not offer such undertakings, or do
not accept an invitation to do so, shall in no way prejudice investigation of the case. However, it maybe determined by the Investigating Authority that a thre at of injury is more likely to be realized if the
dumped imports continue. Undertakings shall not be sought or accepted from exporters unless a
provisional affirmative determination of dumping and injury caused by such dumping has been made.
Save in exceptional circumstances, undertakings may not be offered later than the end of the period
during which representations may be made pursuant to Article 22 (5).
(3) The exporter concerned shall be given the reasons for the rejection of the offered undertaking
and shall be given an opportunity to make comments thereon. The reasons for rejection shall be set
out in the definitive decision.
(4) The Investigating Authority shall have consultations with the Moldovan Government
regarding the acceptability of the undertakings offered by exporters, and based on those it shall submit
a report to the Government, suggesting to conclude the investigation. The investigation shall be
deemed concluded, unless the Government decides otherwise within one month’s time.G/ADP/N/1/MDA/1
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(5) If the undertakings are accepted, the investigation of dumping and injury shall normally be
completed. In such a case, if a negative determination of dumping or injury is made, the undertakingshall automatically lapse, except in cases where su ch a determination is due in large part to the
existence of an undertaking. In such cases it may be required to maintain the undertaking for a
reasonable period of time. Where a final determination as to dumping or injury is made, the
undertaking shall stand valid in conformity with its terms and conditions and provisions of this
chapter.
(6) The Investigating Authority shall require any exporter from which an undertaking has been
accepted to provide, periodically, information relevant to the fulfilment of such undertaking, and to
permit verification of pertinent data. Non-compliance with such requirements shall be construed as a
breach of the undertaking.
(7) In case of breach or withdrawal of undertakings by any party, a definitive duty shall be
imposed in accordance with Article 11, on the basis of the facts established within the context of the
investigation which led to the undertaking, provided that such investigation was concluded with a
dumping and injury and that the exporter concerne d has, except where he himself has withdrawn the
undertaking, been given an opportunity to comment.
(8) A provisional duty may be imposed in accordance with Article 9 on the basis of the
information available, where there is reason to believe that an undertaking is being breached, or in
case of breach or withdrawal of an undertaking where the investigation which led to the undertaking
has not been concluded.
Article 11: Termination without measures, imposition of definitive duties
(1) Where the complaint is withdrawn, the pr oceeding shall be terminated unless such
termination would not be in the Moldova's interest. The investigation or procedures shall be also
terminated where protectionist measures are unnecessary.
(2) For a proceeding initiated pursuant to Article 7(9), injury shall normally be regarded as
negligible where the imports concerned represent less  than the volumes set out in Article 7(6). For the
same proceeding, there shall be immediate termination where it is determined that the margin of
dumping is less than 2 per cent, expressed as a percentage of the export price, provided that it is only
the investigation that shall be terminated where th e margin is below 2 per cent for individual exporters
and they shall remain subject to the proceeding and may be automatically reinvestigated in any
subsequent review carried out for the country concerned pursuant to Article 13.
(3) Where the facts as finally established show that there is dumping and injury caused thereby, a
definitive anti-dumping duty shall be imposed by the Investigating Authority, The amount of the anti-
dumping duty shall not exceed the margin of dumping established but it should be less than themargin if such lesser duty would be adequate to remove the injury to the national industry.
(4) A definitive anti-dumping duty shall be imposed in the appropriate amounts in each case, on a
non-discriminatory basis on imports of a product from all sources found to be dumped and causing
injury, except as to imports from those sources from which undertakings under the terms of thischapter have been accepted. The decision of the Investigating Authority imposing the duty shall
specify the duty for each supplier or, if that is impracticable, and as a general rule in the cases referred
to in Article 4(7), the supplying country concerned.G/ADP/N/1/MDA/1
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(5) When the Investigating Authority has limited it s examination in accordance with Article 19,
any anti-dumping duty applied to imports from exporters or producers, which have made themselves
known in accordance with Article 19 but were not included in the examination, shall not exceed theweighted average margin of dumping established for the parties in the sample. For the purpose of this
paragraph, the Investigating Authority shall disregard any zero and de minimis  margins, and margins
established in the circumstances referred to in Article 20. Individual duties shall be applied to imports
from any exporter or producer, which is granted individual treatment, as provided for in Article 19.
Article 12: Retroactivity
(1) Provisional anti-dumping measures and definitive anti-dumping duties shall only be applied
to products, which enter free circulation in the Republic of Moldova after the time when the decision
taken pursuant to Article 9(1) enters into force, subject to the exceptions set out in this chapter.
(2) A definitive anti-dumping duty may be levied on products which were entered for
consumption not more than 90 days prior to the date of application of provisional measures but not
prior to the initiation of the investigation, provided that imports have been registered in accordance
with Article 17(5), the Investigating Authority has allowed the importers concerned an opportunity to
comment, and:
(a) there is, for the product in question, a history of dumping over an extended period, or
the importer was aware of, or should have been aware of, the dumping as regards the
extent of the dumping and the injury alleged or found; and
(b) in addition to the level of imports whic h caused injury during the investigation
period, there is a further substantial rise in imports which, in the light of its timing
and volume and other circumstances (such as a swift increase in the imported product
inventories), is likely to seriously undermine the remedial effect of the definitive anti-
dumping duty to be applied.
(3) Where the facts as finally established show that there is an injury (however, not a
threat of injury or a material retardation of the establishment of an industry), or that there is a threat ofinjury, where in the absence of provisional measures the effect of the dumped imports might lead to
an injury, anti-dumping duties may be levied retroactively for the period to which the provisional
measures have been applied.
(4) If the definitive anti-dumping duty is higher than the provisional duty paid or payable, or
higher than the amount of the guarantee, the difference shall not be collected. If the definitive duty is
lower than the provisional duty paid or payable, or  higher than the amount of the guarantee, the duty
shall be recalculated.
(5) Excepting the cases provided for in (3) hereof, where a threat of injury or of a material
retardation of the establishment of an industry is established but no actual injury has yet been caused,
definitive anti-dumping duties may be levied only starting from the day on which a threat of injury or
of a material retardation is established.
(6) Where a final determination of the Investigating Authority is negative, any guarantees
provided for the period of application of provisional measures, shall be repaid within 45 working
days.G/ADP/N/1/MDA/1
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Article 11: Duration, reviews and refunds
(1) An anti-dumping measure shall remain in force only as long as, and to the extent that, it is
necessary to  counteract the dumping which is causing injury.
(2) A definitive anti-dumping measure shall expire five years from its imposition or five years
from the date of the conclusion of the most recent review which has covered both dumping and injury,
unless it is determined in a review that the expiry would be likely to lead to a continuation or
recurrence of dumping and injury. In such cases the measure shall remain in force pending the
outcome of such review.
An expiry review shall be initiated where the request contains sufficient evidence that the
expiry of the measures would be likely to result in a continuation or recurrence of dumping and
injury. Such a likelihood may, for example, be indicated by evidence of continued dumping and injury
or evidence that the removal of injury is partly or solely due to the existence of measures or evidence
that the circumstances of the exporters, or market conditions, are such that they would indicate the
likelihood of further injurious dumping.
In carrying out investigations under this paragraph, the exporters, interested parties shall be
provided with the opportunity to comment on the ma tters set out in the review request. Conclusions
shall be reached with due account taken of all relevant and duly documented evidence presented in
relation to the question as to whether the expiry of measures would be likely, or unlikely, to lead to
the continuation or recurrence of dumping and injury.
A notice of impending expiry shall be published in the Official Monitor of the Republic of
Moldova at an appropriate time in the final year of the period of application of the measures as
defined in this paragraph.
(3) The need for the continued imposition of measures may also be reviewed, provided that a
reasonable period of time of at least one year has elapsed since the imposition of the definitive
measure, upon a request by any exporter or importer or by the Domestic producers which contains
sufficient evidence substantiating the need for such an interim review.
An interim review shall be initiated where the request contains sufficient evidence concerning
the need to remove or vary the measure to offset dumping and/or injury.
In carrying out investigations pursuant to this paragraph, the Investigating Authority shall
consider whether the circumstances with regard to dumping and injury have changed significantly, or
whether existing measures are achieving the intended results in removing the injury previously
established under Article 5. In these respects, account shall be taken in the final determination of all
relevant and duly documented evidence.
(4) A review shall also be carried out for th e purpose of determining individual margins of
dumping for new exporters in the exporting country in question, which have not exported the product
during the period of investigation on which the measures were based. The review shall be initiated
where a new exporter or producer can show that it is not related to any of the exporters or producers
in the exporting country which are subject to the anti-dumping measures on the product, or where itcan demonstrate that it has entered into an irrevocable contractual obligation to export a significant
quantity to the Republic of Moldova.G/ADP/N/1/MDA/1
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The Investigating Authority’s decision initiating a review shall repeal the duty in force with
regard to the new exporter concerned by amending the decision which has imposed such duty, and by
making imports subject to registration in accordance with Article 17(4) in order to ensure that, shouldthe review result in a determination of dumping in respect of such an exporter, anti-dumping duties
can be levied retroactively to the date of the initiation of the review.
The provisions of this paragraph shall not apply where duties have been imposed under
Article 11(5).
(5) The relevant provisions of this chapter with regard to procedures and the conduct of
investigations, excluding those relating to time lim its, shall apply to any review carried out pursuant
to paragraphs (2), (3) and (4). Any such review shall be carried out expeditiously and shall normally
be concluded within 12 months of the date of initiation of the review.
(6) Reviews pursuant to this article shall be in itiated by the Investigating Authority. Where
warranted by reviews, measures shall be repealed or maintained pursuant to paragraph (2), or
repealed, maintained or amended pursuant to paragraphs (3) and (4). Where measures are repealed for
individual exporters, but not for the country as a whole, such exporters shall remain subject to the
proceeding and may, automatically, be reinvestigated in any subsequent review carried out for that
country pursuant to this article.
(7) Where a review of measures pursuant to paragraph (3) is in progress at the end of the period
of application of measures as defined in paragraph (2), such review shall also cover the circumstances
set out in paragraph (2).
(8) In all review or refund investigations carried out pursuant to this article, the Investigating
Authority shall apply the same methodology as in the investigation which led to the duty, with due
account being taken of Article 4 (12) and (13) of Article 19.
(10) In any investigation carried out pursuant to this article, the Investigating Authority shall
examine the reliability of export prices in accordance with article 4. However, where it is decided to
construct the export price in accordance with article 4(9), it shall calculate it with no deduction for theamount of anti-dumping duties paid when conclusive evidence is provided that the duty is duly
reflected in resale prices and the subsequent selling prices in the Republic of Moldova.
Article 14:  Reimbursement of anti-dumping duties
(1) Notwithstanding Article 13 (2), an importer may request reimbursement of duties collected
where it is shown that the dumping margin, on the basis of which duties were paid, has been
eliminated, or reduced to a level which is below the level of the duty in force.
(2) In requesting a refund of anti-dumping duties, the importer shall submit an application to the
Investigating Authority. Such application should be submitted within 6 months after the day on which
the amount of the definitive anti-dumping duties is defined or on which a definitive decision is made
concerning the provision of guarantees in respect of the levying of provisional duties.
(3) An application for refund shall only be considered to be duly supported by evidence where it
contains precise information on the amount of ref und of anti-dumping duties claimed and all customs
documentation relating to the calculation and payment of such amount. It shall also include evidence,
for a representative period, of fair values and export prices to the Republic of Moldova for the
exporter or producer to which the duty applies. In cases where the importer is not associated with theG/ADP/N/1/MDA/1
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exporter or producer concerned and such information is not immediately available, or where the
exporter or producer is unwilling to release it to the importer, the application shall contain a statement
from the exporter or producer that the dumping margin has been reduced or eliminated, as specified inthis article, and that the relevant supporting eviden ce will be provided to the Investigating Authority.
Where such evidence is not forthcoming from the exporter or producer within a reasonable period of
time the application shall be rejected.
(4) Based on the evidence, the Investigating Authority shall decide whether and to what extent
the application should be granted, or it may decide at any time to initiate an interim review, where
upon the information and findings from such review carried out in accordance with the provisionsapplicable for such reviews, shall be used to determine whether and to what extent a refund is
justified. Refunds of duties shall normally take place within 12 months, and in no circumstances more
than 18 months after the date on which a request for a refund, duly supported by evidence, has been
made by an importer of the product subject to the anti-dumping duty. Authorised reimbursement shall
be performed within 90 days after the day of the above decision.
Article 15:  Reinvestigation
(1) Where the national industry submits sufficient information showing that anti-dumping
measures have led to no movement, or insufficient movement, in resale prices or subsequent sellingprices in the Republic of Moldova, the investigation may be reopened to examine whether the
measure has had effects on the above mentioned prices.
(2) During a reinvestigation pursuant to this article, exporters, importers and domestic producers
shall be provided with an opportunity to clarify the situation with regard to resale prices and
subsequent selling prices: if it is concluded that the measure should have led to movements in such
prices, then, in order to remove the injury, export prices shall be reassessed in accordance with
Article 4 and dumping margins shall be recalculated to take account of the reassessed export prices.
Where it is considered that a lack of movement in the prices in the Republic of Moldova is due to a
fall in export prices, which has occurred prior to or following the imposition of measures, dumping
margins may be recalculated to take account of such lower export prices.
(3) Where a reinvestigation pursuant to this article shows increased dumping, the measures in
force shall be amended by the Investigating Authority in accordance with the new findings on export
prices.
(4) The relevant provisions of Articles 7 and 8 shall apply to any review carried out pursuant to
this article, except that such review shall be carried out expeditiously and shall normally be concluded
within six months of the date of initiation of the reinvestigation.
(5) Alleged changes in fair value shall only be taken into account under this article where
complete information on revised fair values, duly substantiated by evidence, is made available to theInvestigating Authority within the time limits set out  in the notice of initiation of an investigation.
Where an investigation involves a re-examination of fair values, imports may be made subject to
registration in accordance with Article 17(4) pending the outcome of the reinvestigation.
Article16:  Circumvention
(1) Anti-dumping duties imposed pursuant to this regulation may be extended to imports from
third countries of like products, or parts thereof, when circumvention of the measures in force is
taking place. Circumvention shall be defined as a change in the pattern of trade between thirdG/ADP/N/1/MDA/1
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countries and the Republic of Moldova which stems from a practice, process or work for which there
is insufficient due cause or economic justification other than the imposition of the duty, and where
there is evidence that the remedial effects of the duty are being undermined in terms of the pricesand/or quantities of the like products and there is evidence of dumping in relation to the fair values
previously established for the like or like products.
(2) Investigations shall be initiated pursuant to this Article where the request contains sufficient
evidence regarding the factors set out in paragraph (1). Initiations shall be made by Investigating
Authority’s decision, which shall also instruct the customs authorities to make imports subject to
registration in accordance with Article 17(4) or to re quest guarantees. Investigations shall be carried
out by the Investigating Authority, which may be assisted by customs authorities, and shall be
concluded within nine months. Where the established facts justify the extension of measures, the
Investigating Authority shall decide on their application beginning on the day, on which registration
was introduced in accordance with Article 17(4) or the guarantees were requested.
(3) Products shall not be subject to registration pursuant to Article 17(4) or anti-dumping
measures where they are accompanied by a customs certificate declaring that the importation of the
goods does not constitute circumvention. These certificates may be issued to importers, upon
application, by decision of the Investigating Authority. Such certificates shall remain valid for the
period, and under the conditions, set down therein.
(4) Nothing in this article shall preclude the normal application of the provisions in force
concerning customs duties.
Article 17:  General provisions concerning anti-dumping duties
(1) Provisional or definitive anti-dumping duties shall be imposed by an Investigating Authority
Decision, and collected in the form, at the rate speci fied and according to the other criteria laid down
in the Decision imposing such duties. Such duties shall be collected independently of the customs
duties, taxes and other charges normally imposed on imports. No product shall be subject to both anti-
dumping and countervailing duties at the same time.
(2) Decisions imposing provisional or definitive anti-dumping duties, and Decisions accepting
undertakings or terminating investigations or proceed ings, shall be published in the Official Monitor
of the Republic of Moldova. Such Decisions shall contain, due regard being had to the protection of
confidential information, the names of the exporters or of the countries involved, a description of the
product and a summary of the material facts and considerations relevant to the dumping and injurydeterminations. In each case, a copy of the decision shall be sent to known interested parties. The
provisions of this paragraph shall apply mutatis mutandis  to reviews.
(3) In Moldova's interests, measures imposed pursuant to this Chapter may be suspended by a
decision of the Investigating Authority for a period of nine months. The suspension may be extendedfor a further period, not exceeding one year. Measures may only be suspended where market
conditions have temporarily changed to an extent that injury would be unlikely to resume as a result
of the suspension, and provided that the comments of the national industry have been taken into
account. Measures may, at any time, be reinstated if the reason for suspension is no longer applicable.
(4) The Investigating Authority may direct the customs authorities to take the appropriate steps to
register imports, so that anti-dumping measures may subsequently be applied against those imports
from the date of such registration. Imports may be made subject to registration following a request
from the national industry, which contains sufficient evidence to justify such action. Registration shallG/ADP/N/1/MDA/1
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be introduced by decision of the Investigating Authority, which shall specify the purpose of the action
and, if appropriate, the estimated amount of possible future liability. Imports shall not be made subject
to registration for a period longer than nine months.
Article 18:  Verification visits
(1) The Investigating Authority shall, where it considers appropriate, carry out visits to examine
the records of importers, exporters, traders, agents, producers, trade associations and organizations
and to verify information provided on dumping and injury. In the absence of a proper and timely
reply, a verification visit may not be carried out.
(2) The Investigating Authority may carry out investigations in third countries as required,
provided that it obtains the agreement of the firms concerned, that it notifies the representatives of the
government of the country in question and that the latter does not object to the investigation. As soon
as the agreement of the firms concerned has been obtained the Investigating Authority should notifythe authorities of the exporting country of the names and addresses of the firms to be visited and the
dates agreed.
(3) The firms concerned shall be advised of the nature of the information to be verified during
verification visits and of any further information, which needs to be provided during such visits. Thisshould not preclude requests made during the verification for further details to be provided in the light
of information obtained.
Article 19:  Sampling
(1) In cases where the number of complainants, exporters or importers, types of product or
transactions is large, the investigation may be limited to a reasonable number of parties, products or
transactions by using samples, which are statistically valid, on the basis of information available at the
time of the selection, or to the largest representative volume of production, sales or exports which can
reasonably be investigated within the time available.
(2) The final selection of parties, types of products or transactions made under these sampling
provisions shall rest with the Investigating Authority, though preference shall be given to choosing a
sample in consultation with, and with the consent of, the parties concerned, provided such parties
make themselves known and make sufficient information available, within three weeks of initiation of
the investigation, to enable a sample to be chosen.
(3) In cases where the examination has been limited in accordance with this article, an individual
margin of dumping shall, nevertheless, be calculated for any exporter or producer not initially
selected, who submits the necessary information within the time limits provided for in this regulation,
except where the number of exporters or producers is  so large that individual examinations would be
unduly burdensome and would prevent completion of the investigation in good time.
(4) Where it is decided to sample and there is a degree of non-cooperation by some or all of the
parties selected, which is likely to materially affect the outcome of the investigation, a new sample
may be selected. However, if a material degree of non-cooperation persists or there is insufficient time
to select a new sample, the relevant provisions of Article 20 shall apply.G/ADP/N/1/MDA/1
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Article 20:  Non-cooperation
(1) In cases in which any interested party refuses access to, or otherwise does not provide
necessary information within the time limits provided  in this chapter, or significantly impedes the
investigation, provisional or final findings, affirmative or negative, may be made on the basis of the
facts available. Where it is found that any interested party has supplied false or misleading
information, the information shall be disregarded and use may be made of facts available. Interested
parties should be made aware of the consequences of non-cooperation.
(2) Failure to give a computerized response sh all not be deemed to constitute non-cooperation,
provided that the interested party shows that presenting the response as requested would result in an
unreasonable extra burden or unreasonable additional cost.
(3) Where the information submitted by an interested party is not ideal in all respects it should
nevertheless not be disregarded, provided that any deficiencies are not such as to cause unduedifficulty in arriving at a reasonably accurate finding and that the information is appropriately
submitted in good time and is verifiable, and that the party has acted to the best of its ability.
(4) If evidence or information is not accepted, the supplying party shall be informed forthwith of
the reasons therefor and shall be granted an opportu nity to provide further explanations within the
time limit specified. If the explanations are considered unsatisfactory, the reasons for rejection of such
evidence or information shall be disclosed and given in published findings.
(5) If determinations, including those regarding fair value, are based on the provisions of
paragraph (1), including the information supplied in the complaint, it shall, with due regard to the timelimits of the investigation, be checked by the Investigating Authority by reference to information from
other independent sources which may be available, such as published price lists, official import
statistics and customs returns, or information obtained from other interested parties during the
investigation.
Article 21:  Confidentiality
(1) Any information supplied by any interested  party during the investigation or after its
conclusion shall be treated as confidential by the Investigating Authority in accordance with
paragraph (2) hereof.
(2) Any information which is by nature confidential, (for example, because its disclosure would
be of significant competitive advantage to a competitor or would have a significantly adverse effect
upon a person supplying the information or upon a person from whom he has acquired the
information) or which is provided on a confidential basis by parties to an investigation shall, if good
cause is shown, be treated as such by the Investigating Authority.
(3) Interested parties providing confidential info rmation shall be required by the Investigating
Authority to furnish non-confidential summaries thereo f. Those summaries shall be in sufficient detail
to permit a reasonable understanding of the substance of the information submitted in confidence. In
exceptional circumstances, such parties may indicate that such information is not susceptible of
summary, and a statement of the reasons why summarization is not possible must be provided.
(4) If the Investigating Authority considers that a request for confidentiality is not warranted and
if the supplier of the information is unwilling to authorize its disclosure, such information may be
disregarded by the Investigating Authority.G/ADP/N/1/MDA/1
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(5) This Article shall not preclude the disclosure of general information by the Moldovan
authorities and in particular of the reasons on which decisions taken pursuant to this Chapter arebased, or disclosure of the evidence relied on by th e Moldovan authorities in so far as is necessary to
explain those reasons in court proceedings. Such disclosure must take into account the legitimate
interests of the parties concerned that their business secrets should not be divulged.
(6) The Investigating Authority shall not reveal, without specific permission from the supplier,
any information received pursuant to this Chap ter, for which confidential treatment has been
requested by its supplier.
(7) Information received pursuant to this Chapter shall be used only for the purpose for which it
was requested.
Article 22:  Disclosure
1. The complainants, importers and exporters and their representative associations, and
representatives of the exporting country, may request disclosure of the details underlying the essential
facts and considerations on the basis of which pr ovisional measures have been imposed. Requests for
such disclosure shall be made in writing im mediately following the imposition of provisional
measures, and the disclosure shall be made in writing as soon as possible thereafter.
2. The parties mentioned in paragraph (1) may request final disclosure of the essential facts and
considerations on the basis of which it is intended to recommend the imposition of definitive
measures, or the termination of an investigation or proceedings without the imposition of measures.
3. Requests for final disclosure, as defined in paragraph (2), shall be addressed to the
Investigating Authority in writing and be received, in cases where a provisional duty has been applied,
not later than one month after publication of the imposition of that duty. Where a provisional duty has
not been applied, parties may request final disclosure within time limits set by the Investigating
Authority.
4. Final disclosure shall be given in writing. It shall be made, due regard being had to the
protection of confidential information, not later than one month prior to a definitive decision or the
submission by the Investigating Authority of any proposal for final action pursuant to Article 11.
Where the Investigating Authority is not in a position to disclose certain facts or considerations at that
time, these shall be disclosed as soon as possible thereafter. Disclosure shall not prejudice anysubsequent decision, which may be taken by the Investigating Authority but where such decision is
based on any different facts and considerations, these shall be disclosed as soon as possible.
5. Representations made after final disclosure is given shall be taken into consideration only if
received within a period to be set by the Investiga ting Authority in each case, which shall be at least
10 days, due consideration being given to the urgency of the matter.
Article 23:  National interests
1. A determination pursuant to this Article as to whether the national interest calls for
intervention shall be based on an appreciation of all the various interests taken as a whole, including
the interests of the domestic industry and users and consumers; and a determination shall be made
only where all parties have been given the oppor tunity to make their views known pursuant to
paragraph (2). In such an examination, the need to  eliminate the trade distorting effects of injuriousG/ADP/N/1/MDA/1
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dumping and to restore effective competition shall be given special consideration. Measures, as
determined on the basis of the dumping and injury found, may not be applied where the Investigating
Authority, on the basis of all the information submitted, can clearly conclude that it is not in thenational interest to apply such measures.
2. In order to provide a sound basis on which the authorities can take account of all views and
information in the decision as to whether or not the imposition of measures is in the national interest,
the complainants, importers and their representative associations, representative users and
representative consumer organizations may, within th e time limits specified in the notice of initiation
of the anti-dumping investigation, make themselves known and provide information to theInvestigating Authority.
3. The parties, which have acted in conformity with paragraph (2), may request a hearing. Such
requests shall be granted when they are submitted within the time limits set in paragraph (2), and
when they set out the reasons, in terms of the national interest, why the parties should be heard.
4. The parties, which have acted in conformity with paragraph (2), may provide comments on
the application of any provisional duties imposed. Such comments shall be received within one month
of the application of such measures if they are to be taken into account and they, or appropriate
summaries thereof, shall be made available to othe r parties who shall be entitled to respond to such
comments.
5. The parties, which have acted in conformity with paragraph (2), may request the facts and
considerations, on which final decisions are likely to be taken, to be made available to them. Such
information shall be made available to the extent possible and without prejudice to any subsequentdecision taken by the Investigating Authority.
6. Information shall only be taken into account where it is supported by actual evidence, which
substantiates its validity.
CHAPTER III:  COUNTERVAILING MEASURES
Article 24:  Principles
1. A product is considered as being subsidized if it benefits from a countervailable subsidy as
defined in Articles 25 and 26.
2. Such subsidy may be granted by the government of the country of origin of the imported
product, or by the government of an intermediate country from which the product is exported to the
Republic of Moldova. The term "government" is defined, for the purposes of this Chapter, as a
government or any public body within the territory of the country of origin or export.
3. Where products are not directly imported from the country of origin but are exported to the
Republic of Moldova from an intermediate country, the provisions of this Chapter shall be fully
applicable and the transaction or transactions shall, where appropriate, be regarded as having taken
place between the country of origin and the Republic of Moldova.
Article 25:  Definition of a subsidy
1. A subsidy shall be deemed to exist if:G/ADP/N/1/MDA/1
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(1) (a) there is a financial contribution by a government in the country of origin or export,
that is to say, where:
(i) a government practice involves a direct transfer of funds (for example, grants,
loans, equity infusion), potential direct transfers of funds or liabilities (for
example, loan guarantees);
(ii) government revenue that is otherwise due, is foregone or not collected (for
example, fiscal incentives such as tax credits); in this regard, the exemptionof an exported product from duties or taxes borne by the like product when
destined for domestic consumption, or the remission of such duties or taxes in
amount not in excess of those which have been accrued, shall not be deemed
to be a subsidy;
(iii) a government provides goods or services other than general infrastructure, or
purchases goods;
(v) a government:
- makes payments to a funding mechanism, or
- entrusts or directs a private body to carry out one or more of the type
of functions illustrated in points (i) to (iii) which would normally be
vested in the government, and the practice, in no real sense, differsfrom practices normally followed by governments; or
(b) there is any form of income or price support within the meaning of Article XVI of the
GATT 1994;
(2) a benefit is conferred otherwise.
Article 26:  Countervailable subsidies
(1) Subsidies shall be subject to countervailing measures only if they are specific, as defined in
paragraphs (2), (3) and (4). Measures may be taken against prohibited or actionable subsidies only
where a subvention (subsidy) is specific to an enterprise or industry or group of enterprises orindustries.
(2) In order to determine whether a subsidy is specific to an enterprise or industry or group of
enterprises or industries (hereinafter referred to as "certain enterprises") within the jurisdiction of the
granting authority, the following principles shall apply:
(a) where the granting authority or the legislation, pursuant to which the granting
authority operates, explicitly limits access to a subsidy to certain enterprises, such
subsidy shall be specific;
(b) where the granting authority or the legislation, pursuant to which the granting
authority operates, establishes objective criteria or conditions governing the eligibility
for, and the amount of, a subsidy, specificity shall not exist, provided that the
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(c) if, notwithstanding any appearance of non- specificity resulting from the application
of the principles laid down in subparagraphs (a) and (b), there are reasons to believethat the subsidy may in fact be specific, other factors may be considered. Such factors
are: use of a subsidy program by a limited number of certain enterprises, predominant
use by certain enterprises, the granting of disproportionately large amounts of subsidy
to certain enterprises, and the manner in which discretion has been exercised by the
granting authority in the decision to grant a subsidy. In this regard, information on the
frequency with which applications for a subsidy are refused or approved and the
reasons for such decisions shall, in particular, be considered.
(3) A subsidy, which is limited to certain enterprises, located within a designated geographical
region within the jurisdiction of the granting authority shall be specific. The setting or change of
generally applicable tax rates by all levels of government entitled to do so shall not be deemed to be a
specific subsidy for the purposes of this Law.
(4) Excepting the subsidies provided for paragraphs (2) and (3) as well as subsidies in agriculture,
the following subsidies shall be deemed to be specific:
(a) subsidies contingent, in law or in fact, whether solely or as one of several other
conditions, upon export performance, including those illustrated in Annex hereto;
(b) subsidies contingent, whether solely or as one of several other conditions, upon the
use of domestic over imported goods.
(5) Any determination of specificity under the provisions of this article shall be clearly
substantiated on the basis of positive evidence.
Article 27:  Non-countervailable subsidies
(1) The following subsidies shall not be subjected to countervailing measures:
(a) subsidies which are not specific within the meaning of Article 26(2) and (3);
(b) subsidies which are specific, within the meaning of Article 26, but which meet the
conditions provided for in paragraphs (2), (5) or (6) of this Article.
(2) Subsidies for research activities conducted by firms or by higher education or research
establishments on a contract basis with firms shall not be subject to countervailing measures, if the
subsidies cover not more than 75 per cent of the costs of industrial research or 50 per cent of the costs
of pre-competitive development activity, and provided that such subsidies are limited exclusively to:
(a) personnel costs (researchers, technicians and other supporting staff employed
exclusively in the research activity);
(b) costs of instruments, equipment, land and buildings used exclusively and permanently
(except when disposed of on a commercial basis) for the research activity;
(c) costs of consultancy and equivalent services used exclusively for the research
activity; including bought-in research, technical knowledge, patents, etc.;G/ADP/N/1/MDA/1
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(d) additional overhead costs incurred directly as a result of the research activity;
(e) other running costs (such as those of materials, supplies and the like), incurred
directly as a result of the research activity.
The first subparagraph shall not apply to civil aircraft research, as such cases are regulated by
the provisions of specific multilateral agreements.
(3) For the purpose of this article, the allowable levels of non-countervailable subsidy referred to
in paragraph (2) shall be established by reference to  the total eligible costs incurred over the duration
of an individual project.
(4) In case of programs which span both "industrial research" and "pre-competitive development
activity", the allowable level of non-countervailable subsidy shall not exceed the simple average of
the allowable levels of non-countervailable subsidy applicable to the above two categories, calculatedon the basis of all eligible costs as set forth in paragraph (2) (a) to (e).
(5) Subsidies to disadvantaged regions within the territory of the country of origin and/or export,
given pursuant to a general framework of regional development, and which would be non-specific if
the criteria laid down in Article 26(2) and (3) were applied to each eligible region concerned, shall notbe subject to countervailing measures provided that:
(a) each disadvantaged region is a clearly designated contiguous geographical area with a
definable economic and administrative identity;
(b) the region is considered as disadvantaged on the basis of neutral and objective
criteria, indicating that the region's difficulties arise out of more than temporary
circumstances;
(c) the criteria include a measurement of economic development which shall be based on
at least one of the following factors:
- either income per capita, or household income per capita, or GDP per capita,
which must not be above 85 per cent of the average for the territory of the
country of origin or export concerned,
- unemployment rate, which must be at least 110 per cent of the average for the
territory of the country of origin or export concerned;
as measured over a three-year period; such measurement, however, may be a composite one and may
include other factors.
(6) Subsidies to promote adaptation of existing facilities to new environmental requirements
imposed by law and/or regulations which result in greater constraints and financial burden on firms,
shall not be subject to countervailing measures, provided that the subsidy:
(a) is a one-time non-recurring measure; and(b) is limited to 20 per cent of the cost of adaptation; andG/ADP/N/1/MDA/1
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(c) does not cover the cost of replacing and operating the subsidized investment, which
must be fully borne by firms; and
(d) is directly linked to and proportionate to a firm's planned reduction of nuisances and
pollution, and does not cover any manufacturing cost savings which may be achieved;
and
(e) is available to all firms which can adopt the new equipment and/or production
processes.
Article 28:  Calculation of the amount of the countervailable subsidy
(1) The amount of countervailable subsidies, for the purpose of this Chapter, shall be calculated
in terms of the benefit conferred to the recipient which is found to exist during the investigation
period for subsidization. Normally this period shall be the most recent accounting year of thebeneficiary, but may be any other period of at least six months prior to the initiation of the
investigation for which reliable financial and other relevant data are available.
(2) The Investigating Authority shall determine the approaches to calculation of benefit to the
recipient. In each specific case the application of the selected method shall be transparent and
explained to a sufficient degree, provided that the following rules shall apply in respect of the selected
approach:
(a) government provision of equity capital shall not be considered as conferring a benefit,
unless the investment can be regarded as inconsistent with the usual investmentpractice of private investors in the territory of the country of origin and/or export;
(b) a loan by a government shall not be considered as conferring a benefit, unless there is
a difference between the amount that the firm receiving the loan pays on the
government loan and the amount that the firm would pay for a comparable
commercial loan which the firm could actually obtain on the market. In this case the
benefit shall be the difference between the two amounts;
(c) a loan guarantee by a government shall not be considered as conferring a benefit,
unless there is a difference between the amount that the firm receiving the guarantee
pays on a loan guaranteed by the government and the amount that the firm would pay
for a comparable commercial loan in the absence of the government guarantee. In thatcase the benefit shall be the difference be tween these two amounts adjusted for any
differences in fees;
(d) the provision of goods or services or purchases of goods by a government shall not be
considered as conferring a benefit unless the provision is made for less than adequateremuneration, or the purchase is made for more than adequate remuneration. The
adequacy of remuneration shall be determined in relation to prevailing market
conditions for the product or service in question in the country of provision or
purchase (including price, quality, availability, marketability, transportation and other
conditions of purchase or sale).
(3) The amount of countervailable subsidies shall be determined per unit of the subsidized
product exported to the Republic of Moldova.G/ADP/N/1/MDA/1
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(4) In establishing this amount the following el ements may be deducted from the total subsidy:
(a) any application fee, or other costs necessari ly incurred in order to qualify for, or to
obtain, the subsidy;
(b) export taxes, duties or other charges levied on the export of the product to the
Republic of Moldova specifically intended to offset the subsidy.
(5) Where the subsidy is not granted by reference to the quantities manufactured, produced,
exported or transported, the amount of countervailable subsidy shall be determined by allocating the
value of the total subsidy, as appropriate, over the level of production, sales or exports of the products
concerned during the investigation period for subsidization.
(6) Where the subsidy can be linked to the acquisition or future acquisition of fixed assets, the
amount of the countervailable subsidy shall be calculated by spreading the subsidy across a period
which reflects the normal depreciation of such assets in the industry concerned. The amount so
calculated which is attributable to the investiga tion period, including that which derives from fixed
assets acquired before this period, shall be allocated as described in paragraph (5).
(7) Where a subsidy cannot be linked to the acquisition of fixed assets, the amount of the benefit
received during the investigation period shall in principle be attributed to this period, and allocated as
described in paragraph (5), unless special circumstances arise justifying attribution over a different
period.
Article 29:  Determination of injury
(1) A determination of injury shall be based on positive evidence and involve an objective
examination of both:
(a) the volume of the subsidized imports and the effect of the subsidized imports on
prices in the Moldovan market for like products, and
(b)  the consequent impact of these imports on the domestic industry.
(2) With regard to the volume of the subsidized imports, consideration shall be given as to
whether there has been a significant increase in subsidized imports, either in absolute terms or relativeto production or consumption in the Republic of Moldova. With regard to the effect of the subsidized
imports on prices, consideration shall be given as to whether there has been a significant price
undercutting by the subsidized imports as compared with the price of a like product of the Republic of
Moldova, or whether the effect of such imports is otherwise to depress prices to a significant degree
or prevent price increases, which otherwise would ha ve occurred, to a significant degree. No one or
several of these factors can necessarily give decisive guidance.
(3) Where imports of a product from more than one country are simultaneously subject to
countervailing duty investigations, the effects of such imports shall be cumulatively assessed only if it
is determined that:
(a) the amount of countervailable subsidies established in relation to the imports from
each country is more than de minimis  as defined in Article 35(4) and that the volume
of imports from each country is not negligible; andG/ADP/N/1/MDA/1
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(b) a cumulative assessment of the effects of the imports is appropriate in light of the
conditions of competition between imported products and the conditions ofcompetition between the imported products and the like domestic product.
(4) The examination of the impact of the subs idized imports on the national industry concerned
shall include an evaluation of all relevant economic factors and indices having a bearing on the state
of the industry, including the fact that an industry is  still in the process of recovering from the effects
of past subsidization or dumping, the magnitude of  the amount of countervailable subsidies, actual
and potential decline in sales, profits, output, market share, productivity, return on investments,
utilization of capacity; factors affecting Moldovan market prices; actual and potential negative effects
on cash flow, inventories, employment, wages, growth, ability to raise capital or investments. This list
is not exhaustive, nor can one or several of these factors necessarily give decisive guidance.
(5) It must be demonstrated, from all the relevant evidence presented in relation to paragraph (1),
that the subsidized imports are causing injury within  the meaning of this Law. Specifically, this shall
entail a demonstration that the volume and/or price levels identified pursuant to paragraph (2) are
responsible for an impact on the national industry as provided for in paragraph (4), and that this
impact exists to a degree which enables it to be classified as material.
(6) Known factors other than the subsidized imports, which are injuring the national industry,
shall also be examined to ensure that injury cause d by these other factors is not attributed to the
subsidized imports pursuant to paragraph (5). Factors which may be considered in this respect
include, inter alia, the volume and prices of non-subsidized imports, contraction in demand or changes
in the patterns of consumption, trade restrictive practices of and competition between the foreign anddomestic producers, developments in technology and the export performance and productivity of the
national industry.
(7) The effect of the subsidized imports shall be assessed in relation to the production of the
national industry of the like product when available data permit the separate identification of that
production on the basis of such criteria as the production process, producers' sales and profits. If such
separate identification of that production is not possible, the effects of the subsidized imports shall beassessed by the examination of the production of the narrowest group or range of products, which
includes the like product, for which the necessary information can be provided.
(8) A determination of a threat of material injury shall be based on facts, not merely on
allegation, conjecture or remote possibility. The change in circumstances, which would create asituation in which the subsidy would cause inju ry, must be clearly foreseen and imminent.
In making a determination regarding the existence of a threat of material injury, consideration
should be given to such factors as:
(a) the nature of the subsidy or subsidies in question and the trade effects likely to arise
therefrom;
(b) a significant rate of increase of subsidized imports into the domestic market
indicating the likelihood of substantially increased imports;
(c) sufficient freely disposable or an imminent, substantial increase in capacity of the
exporter indicating the likelihood of substantially increased subsidized exports to theG/ADP/N/1/MDA/1
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Moldovan market, taking into account the availability of other export markets to
absorb any additional exports;
(d) whether imports are entering at prices that would, to a significant degree, depress
prices or prevent price increases which otherwise would have occurred, and would
likely increase demand for further import; and
(e) inventories of the product being investigated.No one of the above factors by itself can necessarily give decisive guidance but the totality of
the factors considered must lead to the conclusion that further subsidized exports are imminent and
that, unless protective action is taken, material injury to the national industry would occur.
Article 30:  Definition of a national industry
(1) In addition to the definition provided for in Article 2, when domestic producers are related to
the exporters or importers or are themselves importers of the allegedly subsidized product, the term
"the National industry" may be interpreted as referring to the rest of the producers.
(2) In exceptional circumstances the territory of the Republic of Moldova may, for the production
in question, be divided into two or more competitive markets and the producers within each market
may be regarded as a separate industry if:
(a) the producers within such market sell all or almost all of their production of the
product in question in that market, and
(b) the demand in that market is not to any substantial degree supplied by producers of
the product in question located elsewhere in the Republic of Moldova.
In such circumstances, injury may be found to exist even where a major proportion of the total
national industry is not injured, provided there is a concentration of subsidized imports into such an
isolated market and provided further that the subsidized imports are causing injury to the producers ofall or almost all of the production within such market.
(3) For the purpose of paragraph (1), producers shall be considered to be related to exporters or
importers only if:
(a) one of them directly or indirectly controls the other; or
(b) both of them are directly or indirectly controlled by a third person; or(c) together they directly or indirectly control a third person.
The provisions hereof shall apply, provided that there are grounds for believing or suspecting that the
effect of the relationship is such as to cause the producer concerned to behave differently from non-
related producers. One shall be deemed to control another when the former is legally or operationally
in a position to exercise restraint or direction over the latter.
(4) Where producers of a certain region are to be understood under the term ‘national industry’,
exporters shall be provided opportunity to make undertakings in accordance with Article 34 in respect
of the region concerned. In such circumstances, for the purposes of evaluation of measures in theG/ADP/N/1/MDA/1
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national interest, the interests of that particular region shall be given the most consideration. If no
adequate undertaking is offered, or if there arises any of the situations provided for in Article 34(5)
and (6), the countervailing duty, provisional or definitive, may be applied at the nationwide scale. Insuch circumstances, where practicable, duties may have limited application to certain producers or
exporters.
Article 31:  Initiation of proceedings
1. Any natural or legal person, or any association not having legal personality, acting on behalf
of the national industry, which is believed to be injured or threatened by the subsidised importedgoods, and having evidence of the existence, degree  and effect of such alleged dumping, may lodge a
written complaint requesting to initiate an investig ation. The complaint shall be considered lodged on
the day it is received by the Investigating Authorit y. The Investigating Authority must register the
received complaint and give the complainant party a confirmation of its receipt.
2. A complaint shall include sufficient evidence of the existence of countervailable subsidies,
injury and a causal link between the allegedly su bsidized imports and the alleged injury. The
complaint shall contain such information as is reasonably available to the complainant on the
following:
(a) identity of the complainant and a description of the volume and value of the national
production of the like product by the complainant. Where a written complaint is made
on behalf of the national industry, the complaint shall identify the industry on behalf
of which the complaint is made by a list of all known domestic producers of the like
product (or associations of domestic producers of the like product) and a descriptionof the volume and value of the national production of the like product accounted for
by such producers;
(b) a complete description of the allegedly subsidized product, the names of the country
or countries of origin and/or export in question, the identity of each known exporter
or foreign producer and a list of known persons importing the product in question;
(c) evidence with regard to the existence, amount, nature and countervailability of the
subsidies in question;
(d) information on the evolution of the volume of the allegedly subsidized imports, the
effect of these imports on prices of the like product in the Moldovan market and theconsequent impact of the imports on the national industry, as demonstrated by
relevant factors and indices having a bearing on the state of the National industry,
such as those listed in Article 29(2) and (4).
3. The Investigating Authority shall examine the accuracy and adequacy of the evidence
provided in the complaint, in order to determine whether there is sufficient evidence to justify the
initiation of an investigation.
4. An investigation may be initiated in order to  determine whether or not the alleged subsidies
are specific within the meaning of Article 26(2) and (3).
5. An investigation may also be initiated in respect of subsidies, which are non-countervailable
according to Article 27 (2), (3) or (4), in order to  determine whether or not the conditions laid down in
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6. An investigation shall not be initiated unless it has been determined, on the basis of an
examination of the degree of support for, or opposition to, the complaint expressed by the domesticproducers of the like product, that the complaint has been made by or on behalf of the national
industry. The complaint shall be considered to have been made by or on behalf of the national
industry if it is supported by those domestic producers whose collective output constitutes more than
50 per cent of the total production of the like product produced by that portion of the national industry
expressing either support for or opposition to the complaint. However, no investigation shall be
initiated when Moldovan producers expressly supporting the complaint account for less than 25 per
cent of total production of the like product produced by the national industry.
7. The Investigating Authority shall avoid, unless a decision has been made to initiate an
investigation, any publicizing of the complaint for th e initiation of an investigation. However, as soon
as possible after the receipt of a properly documente d complaint and in any event before the initiation
of an investigation, the Investigating Authority sh all notify the government of the country of origin
and/or export concerned.
8. The evidence of both subsidies and injury shall be considered simultaneously in the decision
whether or not to initiate an investigation. A complaint shall be rejected where there is insufficient
evidence of either countervailable subsidies or of injury to justify proceeding with the case.Proceedings shall not be initiated against countries whose imports in the Republic of Moldova
represent a market share of below 1 per cent, unless such countries collectively account for 3 per cent
or more of the consumption of the Republic of Moldova.
9. The complaint may be withdrawn prior to the start of the investigation, in which case the
proceedings shall be terminated, provided that such termination of the investigation is in the interests
of the Republic of Moldova.
10. Where the Investigating Authority has sufficient evidence as regards the existence of such
subsidies as well as injury to a national industry and a causal link between the two, it may
independently initiate an investigation even in the absence of a complaint.
11. Where the Investigating Authority believes that there is sufficient evidence to justify initiating
proceedings, it shall initiate proceedings within 45 days of the lodging of the complaint and publish a
notice in the Official Monitor of the Republic of Moldova. Where insufficient evidence has been
presented, the complainant shall be so informed within 45 days of the date on which the complaint is
lodged with the Investigating Authority.
12. The notice of initiation of the proceeding shall indicate the product and countries concerned,
give a summary of the information received and provide that all relevant information is to be
communicated to the Investigating Authority; it shall state the periods within which interested parties
may make themselves known, present their views in writing and submit information, or may apply tobe heard by the Investigating Authority in accordance with Article 32 (3).
13. The Investigating Authority shall advise the exporters, importers and representative
associations of importers or exporters known to it to be concerned, as well as the country of origin
and/or export and the complainants, of the initiation of the proceedings.
14. A countervailing duty investigation shall not hinder the procedures of customs clearance of
the allegedly subsidised product.G/ADP/N/1/MDA/1
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Article 32:  The countervailing duty investigation
1. The countervailing duty investigation shall cover both subsidization and injury and these shall
be investigated simultaneously. An investigation period shall be selected, which shall normally cover
the period of at least 6 months directly preceeding the initiation of investigation. Information relating
to a period subsequent to the investigation period shall, normally, not be taken into account.
2. Parties receiving questionnaires used in a countervailing duty investigation shall be given at
least 30 days for reply. The time limit for reply shall be counted from the date of receipt of the
questionnaire, which for this purpose shall be deemed to have been received one week from the dayon which it was sent to the respondent or transmitted to the appropriate diplomatic representative of
the country of origin and/or export. An extension of the 30-day period may be granted, due account
being taken of the time limits of the investigation, provided the party shows due cause for such
extension, in terms of its particular circumstances.
3. The interested parties may be heard by the In vestigating Authority if they have, within the
period prescribed in the notice published in the Official Monitor of the Republic of Moldova, made a
request for a hearing showing that they are an interest ed party likely to be affected by the result of the
proceedings and that there are particular reasons why they should be heard.
4. Opportunities shall, on request, be provided by  the Investigating Authority for the interested
parties, which have made themselves known in accor dance with Article 31(12), to meet those parties
with adverse interests, so that opposing views may be presented and rebuttal arguments offered.
Provision of such opportunities must take account of the need to preserve confidentiality and of the
convenience to the parties. There shall be no obligation on any party to attend a meeting, and failureto do so shall not be prejudicial to that party's case. Oral information provided pursuant to this
paragraph shall be taken into account in so far as it is subsequently reproduced in writing.
5. The complainants, the representatives of the country of origin and/or export, importers and
exporters and their representative associations, users and consumer organizations, which have made
themselves known in accordance with Article 31(12, may, upon request, inspect all information made
available by any party to an investigation, as distinct from internal documents prepared by theauthorities of the Republic of Moldova, provided that it is relevant to the defence of their interests and
not confidential within the meaning of Article 45 and that it is used in the investigation. Such parties
may respond to such information and their comments may be taken into consideration, to the extent
that they are sufficiently substantiated in the response.
6. Except in circumstances provided for in Article 44 the information supplied by interested
parties and upon which findings are based shall be examined for accuracy to the degree possible.
7. An investigation shall be concluded either by its termination or by a ruling to impose a
countervailing  duty. An investigation shall normally be concluded within one year of its initiation. Inthe cases provided for in Articles 34 and 35, such investigation shall be concluded within 15 months
of its initiation.
Article 33:  Provisional countervailing measures
(1) Provisional countervailing measures may be applied if proceedings have been initiated in
accordance with the provisions of Article 31, a public notice has been given to that effect and
interested parties have been given adequate opportunities to submit information and make comments;
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countervailable subsidies and of consequent injury to the national industry. The provisional measures
shall be imposed no sooner than 60 days from the initiation of the proceedings but no later than nine
months from the initiation of the proceedings.
(2) The amount of the provisional countervailing duty shall not exceed the total amount of
countervailable subsidies as provisionally established but it should be less than this amount, if such
lesser duty would be adequate to remove the injury to the national industry.
(3) Provisional countervailing duty may be secured by a guarantee and the release of the products
concerned for free circulation in the Republic of Moldova shall be conditional upon the provision ofsuch guarantee.
(4) Provisional countervailing duties shall have a maximum period of validity of four months.
Article 34:  Undertakings
1. Investigations may be terminated without the imposition of provisional or definitive
countervailing duties upon acceptance by the Investigating Authority of satisfactory voluntary
undertakings under which any exporter undertakes to revise its prices, so that the Investigating
Authority is satisfied that the amount of countervailable subsidies is offset or the injurious effect ofthe subsidies is eliminated. Price increases under such undertakings shall not be higher than necessary
to offset the amount of countervailable subsidies as preliminarily established, and should be less than
the amount of countervailable subsidies if such increases would be adequate to remove the injury to
the National industry.
2. Undertakings may be suggested by the Investigating Authority, but no exporter shall be
obliged to enter into such an undertaking. The fact that exporters do not offer such undertakings, or do
not accept an invitation to do so, shall in no way prejudice the investigation of the case. However, it
may be determined by the Investigating Authority that a threat of injury is more likely to be realized if
the subsidized imports continue. Undertakings shall not be sought or accepted from exporters unless a
provisional affirmative determination of subsidization and injury caused by such subsidization has
been made. Save in exceptional circumstances, undertakings may not be offered later than the end ofthe period during which representations may be made pursuant to Article 46(5).
3. The exporter concerned should be provided with the reason for which it is proposed to reject
the offer of an undertaking and should be given an opportunity to make comments thereon. The
reason for rejection shall be set out in the definitive decision.
4. The Investigating Authority shall have consultations with the Moldovan Government
regarding the acceptability of the undertakings offered by exporters, and based on those it shall submit
a report to the Government, suggesting to conclude the investigation. The investigation shall be
deemed concluded, unless the Government decides otherwise within one month’s time.
5. If the undertakings are accepted, the investigation of subsidization and injury shall normally
be completed. In such a case, if a negative determination of subsidization or injury is made, the
undertaking shall automatically lapse except in cases where such a determination is due in large part
to the existence of an undertaking. In such cases, the authorities may require that an undertaking bemaintained for a reasonable period. In the event that an affirmative determination of subsidization and
injury is made, the undertaking shall continue consistent with its terms and the provisions of this
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6. The Investigating Authority may require any exporter from whom undertakings have been
accepted to provide, periodically, information relevant to the fulfilment of such undertaking, and to
permit verification of pertinent data. Non-compliance with such requirements shall be construed as abreach of the undertaking.
7. In case of breach or withdrawal of undertakings by any party, a definitive duty shall be
imposed in accordance with Article 35, on the basis of the facts established within the context of the
investigation which led to the undertaking, provided that such investigation was concluded with a
final determination on subsidization and injury, and the exporter concerned, except in the case of
withdrawal of undertakings by the exporter, has been given an opportunity to comment.
8. A provisional duty may be imposed in accordance with Article 33 on the basis of the
information available, where there is reason to believe that an undertaking is being violated, or in case
of violation or withdrawal of undertakings where the investigation which led to the undertaking was
not concluded.
Article 35:  Termination without measures and introduction of definitive countervailing duties
(1) Where the complaint is withdrawn, proceedings  may be terminated unless such termination
would not be in the Moldovan interest. The investigation or proceedings shall be similarly terminatedwhere protective measures are unnecessary,.
(2) There shall be immediate termination of the proceedings where it is determined that the
amount of countervailable subsidies is de minimis , in accordance with the provisions of paragraph (4),
or where the volume of subsidized imports, actual or potential, or the injury, is negligible.
(3) For all proceedings initiated pursuant to Article 31(11), injury shall normally be regarded as
negligible where the market share of the imports is less than the amounts set out in Article 31(8). With
regard to investigations concerning imports from developing countries, the volume of subsidized
imports shall also be considered negligible if it re presents less than 4 per cent of the total imports of
the like product in the Republic of Moldova, unless imports from developing countries whose
individual shares of total imports, although within the above quotas, collectively account for morethan 9 per cent of the total imports of the like product in the Republic of Moldova.
(4) Normally, the amount of the countervailable subsidies shall be considered to be de minimis  if
such amount is less than 1 per cent ad valorem. As regards investigations concerning imports from
developing countries the de minimis  threshold shall be 2 per sent ad valorem; and for those
developing countries members of the WTO, which benefit from special treatment, the de minimis
subsidy threshold shall be 3 per cent ad valorem.
(5) Where the facts as finally established show the existence of countervailable subsidies and
injury caused thereby, a definitive countervailing duty shall be imposed by the InvestigatingAuthority, unless the subsidy or subsidies are withdrawn. The amount of the countervailing duty shall
not exceed the amount of countervailable subsidies from which the exporters have been found to
benefit, but should be less than the total amount of countervailable subsidies, if such lesser duty
would be adequate to remove the injury to the national industry.
(6) A definitive countervailing duty shall be imposed in the appropriate amounts in each case, on
a non-discriminatory basis, on imports of a product from all sources found to benefit from
countervailable subsidies and causing injury, except as to imports from those sources from which
undertakings under the terms of this Chapter have been accepted. The decision of the InvestigatingG/ADP/N/1/MDA/1
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Authority imposing the duty shall specify the duty fo r each supplier, or, if that is impracticable, the
supplying country concerned.
(7) When the Investigating Authority has limited it s examination in accordance with Article 43,
any countervailing duty applied to imports from exporters or producers, which have made themselves
known in accordance with Article 43 but were not included in the examination, shall not exceed the
weighted average amount of countervailable subsidies established for the parties in the sample. For
the purpose of this paragraph, the Investigating Authority shall disregard any zero and de minimis
amounts of countervailable subsidies and amounts of countervailable subsidies established under the
circumstances referred to in Article 44. Individual duties shall apply to imports from any exporter orproducer for which an individual amount of subsidization has been calculated as provided for in
Article 43.
Article 36:  Retroactivity
(1) Provisional countervailing measures and defini tive countervailing duties shall only by applied
to products, which enter for consumption in the Republic of Moldova after the time when the decision
taken under Article 33(1) enters into force, subject to the exceptions set out in this Chapter.
(2) A definitive countervailing duty may be levied on products, which were entered for
consumption not more than 90 days prior to the date of application of provisional measures but not
prior to the initiation of the investigation, provided that the imports have been registered in
accordance with Article 41(4), the importers concerned have been given by the Investigating
Authority an opportunity to comment, and:
(a) there are critical circumstances where for the subsidized product in question, injury
which is difficult to repair, is caused by massive imports in a relatively short period
of a product benefiting from countervailable subsidies under the terms of this
Chapter; and,
(b) it is deemed necessary, in order to preclude the recurrence of such injury, to assess
countervailing duties retroactively on those imports.
(3) Where the facts as finally established show that there is an injury (however, not a threat of
injury or a material retardation of the establishment of an industry), or that there is a threat of injury,
where in the absence of provisional measures the effect of the subsidised imports might lead to an
injury, countervailing duties may be levied retroactively for the period to which the provisionalmeasures have been applied.
(4) If the definitive countervailing duty is higher than the provisional duty paid or payable, the
difference shall not be collected. If the definitive duty is lower than the provisional duty paid or
payable, the duty shall be recalculated.
(5) Excepting the cases provided for in paragraph (3) hereof, where a threat of injury or of a
material retardation of the establishment of a national industry is established but no actual injury has
yet been caused, definitive countervailing duties may be levied only starting from the day on which a
threat of injury or of a material retardation is established.
(6) Where a final determination of the Investigating Authority is negative, any guarantees
provided for the period of application of provisional measures, shall be repaid within 45 working
days.G/ADP/N/1/MDA/1
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Article 37:  Duration of countervailing measures and reviews
(1) A countervailing measure shall remain in force only as long as and to the extent necessary to
counteract the countervailable subsidies, which are causing injury.
(2) A definitive countervailing measure shall expire five years from its imposition or five years
from the date of the most recent review, which has covered both subsidization and injury, unless it is
determined in a review by the Investigating Auth ority that the expiry would be likely to lead to
continuation or recurrence of subsidization and injury. In such cases the measure shall remain in forcepending the outcome of such review.
(3) An expiry review shall be initiated where the request contains sufficient evidence that the
expiry of measures would be likely to result in a continuation or recurrence of subsidization and
injury. Such a likelihood may, for example, be indicated by evidence of continued subsidization andinjury or evidence that the removal of injury is partly or solely due to the existence of measures or
evidence that the circumstances of the exporters, or market conditions, are such that they would
indicate the likelihood of further injurious subsidization.
(4) In carrying out investigations, the interested parties shall be provided with the opportunity to
comment on the matters set out in the review reques t. Conclusions shall be reached with due account
taken of all relevant and duly documented evidence presented in relation to the question of whether
the expiry of measures would be likely, or unlikely, to lead to the continuation or recurrence of
subsidization and injury.
(5) A notice of impending expiry shall be published in the Official Monitor of the Republic of
Moldova at an appropriate time in the final year of the period of application of those measures.
(6) The need for the continued imposition of measures may also be reviewed, provided that a
reasonable period of time of at least one year has elapsed since the imposition of the definitive
measure, upon a request by any exporter, importer or the domestic producers.
(7) An interim review shall be initiated where the request contains sufficient evidence as regards
the necessity to vary or remove the measure offsetting the countervailable subsidy and the injury
caused by it.
(8) Where the countervailing duties imposed are less than the amount of countervailable
subsidies found, an interim review shall be initiat ed if the Moldovan producers provide sufficient
evidence that the duties have led to no movement or insufficient movement of resale prices of the
imported product in the Republic of Moldova. If the investigation proves the allegations to be correct,
countervailing duties may be increased to achieve the price increase required to remove injury;
however, the increased duty level shall not exceed the amount of the countervailable subsidies.
(9) In carrying out investigations pursuant to pa ragraphs (6), (7) and (8), the Investigating
Authority shall consider whether the circumstances with regard to subsidization and injury have
changed significantly, or whether existing measures are achieving the intended results in removing the
injury previously established under Article 29. In these respects, account shall be taken in the finaldetermination of all relevant and duly documented evidence.
(10) Any exporter whose exports are subject to a definitive countervailing duty but who was not
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Investigating Authority, shall be entitled, upon reque st, to an accelerated review in order that the
Investigating Authority may promptly establish an individual countervailing duty rate for that
exporter.
Article 38:  Refunds
(1) Notwithstanding Article 37 (2)-(5), an importer may request reimbursement of duties
collected where it is shown that the amount of countervailable subsidies, on the basis of which duties
were paid, has been eliminated, or reduced to a level which is below the level of the duty in force.
(2) In requesting a refund of countervailing duties, the importer shall submit an application to the
Investigating Authority. The application shall be submitted within six months of the date on which the
amount of the definitive duties to be levied was duly determined or of the date on which a decision
was made definitively to collect the amounts secured by way of provisional duty.
(3) An application for refund shall be considered to be duly supported by evidence only where it
contains precise information on the amount of refund of countervailing duties claimed and all customs
documentation relating to the calculation and payment of such amount. It shall also include evidence,
for a representative period, of the amount of countervailable subsidies for the exporter or producer to
which the duty applies. In cases where the importer is not associated to the exporter or producerconcerned and such information is not immediately av ailable or the exporter or producer is unwilling
to release it to the importer, the application shall contain a statement from the exporter or producer
that the amount of countervailable subsidies has b een reduced or eliminated, as specified in this
Article, and that the relevant supporting evidence shall be provided to the Investigating Authority.
Where such evidence is not forthcoming from the exporter or producer within a reasonable period oftime, the application shall be rejected.
(4) Based on evidence, the Investigating Authority shall decide whether and to what extent the
application should be granted or it may decide at any time to initiate an interim review. The
information and findings from such review shall be used to determine whether and to what extent a
refund is justified. Refunds of duties shall normally take place within 12 months, and in no
circumstances more than 18 months after the date on which a request for a refund, duly supported byevidence, has been made. The payment of any refund authorized should normally be made within 90
days of the above-mentioned decision.
Article 39:  General provisions on reviews and refunds
(1) The relevant provisions of Articles 31 and 32, excluding those relating to time limits, shall
apply to any review carried out pursuant to Article 37. Any such review shall be carried out
expeditiously and shall normally be concluded within 12 months of the date of initiation of the
review.
(2) Reviews pursuant to Article 37 shall be initiated by the Investigating Authority. Where
warranted by reviews, measures shall be repealed or maintained pursuant to Article 37 (2)-(5), or
repealed, maintained or amended pursuant to Article 37 (6)-(10). Where measures are repealed for
individual exporters, but not for the country as a whole, such exporters shall remain subject to the
proceedings and may be re-investigated in any subsequent review carried out for that country pursuantto Article 37.G/ADP/N/1/MDA/1
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(3) Where a review of measures pursuant to Article 37 (6)-(9) is in progress at the end of the
period of application of measures as defined in Article 37 (2)-(5), the measures shall also be
investigated under the provisions of Article 37 (2)-(5).
(4) In all review or refund investigations carried out pursuant to Articles 37 and 38, the
Investigating Authority shall apply the same met hodology as in the investigation which led to the
duty, with due account taken of Articles 28 and 43.
Article 40:  Circumvention
(1) Countervailing duties imposed pursuant to this Law may be extended to imports from third
countries of like products, or parts thereof, when circumvention of the countervailing measures in
force is taking place. Circumvention shall be defined as a change in the pattern of trade between third
countries and the Republic of Moldova, which stems from a practice, process or work for which there
is insufficient cause or economic justification, other than the imposition of the duty, and there isevidence that the remedial effects of the duty are being undermined, in terms of the prices and/or
quantities of the like products, and the imported like product and/or parts thereof still benefit from the
subsidy.
(2) Investigations shall be initiated pursuant to this Article where the request contains sufficient
evidence regarding the factors set out in paragraph (1). Investigations shall be initiated by the
Investigating Authority, which shall also instruct the customs authorities to make imports subject to
registration in accordance with Article 41(4) or request guarantees. Investigations shall be carried out
by the Investigating Authority, which may be assisted by customs authorities, and shall be concluded
within nine months. Where the facts, as finally ascertained, justify the extension of measures, thisshall be done by the Investigating Authority, from the day, on which registration was imposed
pursuant to Article 41(4) or on which guarantees were requested.
(3) Products shall not be subject to registration pursuant to Article 41(4) or countervailing
measures where they are accompanied by a customs certificate declaring that the importation of the
goods does not constitute circumvention. Such certificates may be issued to importers, upon written
application, by a decision of the Investigating Authority. Such certificates shall remain valid for theperiod and under the conditions set down therein.
(4) Nothing in this Article shall preclude the normal application of the provisions in force
concerning customs duties.
Article 41:  General provisions regarding countervailing duties
(1) Provisional or definitive countervailing duties shall be imposed by decision of the
Investigating Authority, and collected in the form, at the rate specified and according to the other
criteria laid down in the decision imposing such duties. Such duties shall also be collectedindependently of the customs duties, taxes and other charges normally imposed on imports. No
product shall be subject to both anti-dumping and countervailing duties.
(2) Decisions imposing provisional or definitive countervailing duties, and decisions accepting
undertakings or terminating investigations or proceed ings, shall be published in the Official Monitor
of the Republic of Moldova. Such decisions shall contain, with due regard to the protection of
confidential information, the names of the exporters or countries involved, a description of the
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determinations. In each case, a copy of the decision shall be sent to known interested parties. The
provisions of this paragraph shall apply mutatis mutandis  to reviews.
(3) In the national interests, measures imposed pursuant to this Chapter may be suspended by a
decision of the Investigating Authority for a period of nine months. The suspension may be extended
for a further period, not exceeding one year. Measures may only be suspended where market
conditions have temporarily changed to an extent th at injury would be unlikely to resume as a result
of the suspension, and provided that the comments of the national industry have been taken into
account. Measures may at any time be reinstated if the reason for suspension is no longer applicable.
(4) The Investigating Authority may direct the customs authorities to take the appropriate steps to
register imports, so that measures may subsequently be applied against these imports from the date of
such registration. Imports may be made subject to registration following a request from the national
industry, which contains sufficient evidence to justify such action. Registration shall be introduced by
decision of the Investigating Authority, which shall specify the purpose of the action and, ifappropriate, the estimated amount of possible future liability. Imports may not be made subject to
registration for a period longer than nine months.
Article 42:  Verification visits
(1) The Investigating Authority shall, where it considers appropriate, carry out visits to examine
the records of importers, exporters, traders, agents, producers, trade associations and organizations, to
verify information provided on subsidization and injury. In the absence of a proper and timely reply a
verification visit may not be carried out.
(2) The Investigating Authority may carry out investigations in foreign countries as required,
provided that it obtains the agreement of the firms concerned, that it notifies the country in question
and that the latter does not object to the investigation. As soon as the agreement of the firms
concerned has been obtained, the Investigating Authority should notify the country of export of the
names and addresses of the firms to be visited and the dates agreed.
(3) The firms concerned shall be advised of the nature of the information to be verified during
verification visits and of any further information which needs to be provided during such visits,
though this should not preclude requests being made during the verification for further details to be
provided in the light of information obtained.
Article 43:  Sampling
(1) In cases where the number of complainants, exporters or importers, types of product or
transactions is large, the investigation may be limited to a reasonable number of parties, products or
transactions by using samples which are statistically valid on the basis of information available at the
time of the selection; or to the largest representative volume of the production, sales or exports whichcan reasonably be investigated within the time limit available.
(2) The final selection of parties, types of products or transactions made in accordance with the
sampling requirements shall rest with the Investigating Authority, though preference shall be given to
choosing a sample in consultation with, and with the consent of, the parties concerned, provided suchparties make themselves known and make sufficient information available, within three weeks of
initiation, to enable a representative sample to be chosen.G/ADP/N/1/MDA/1
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(3) In cases where the examination has been limited in accordance with this Article, an individual
amount of countervailable subsidization shall, nevertheless, be calculated for any exporter or producer
not initially selected who submits the necessary information within the time limits provided for in thisLaw, except where the number of exporters or producers is so large that individual examinations
would be unduly burdensome and would prevent completion of the investigation in good time.
(4) Where it is decided to sample and there is a degree of non-cooperation by some or all of the
parties selected which is likely to materially affect the outcome of the investigation, a new sample
may be selected. However, if a material degree of non-cooperation persists or there is insufficient time
to select a new sample the relevant provisions of Article 44 shall apply.
Article 44:  Non-cooperation
(1) In cases in which any interested party refuses access to, or otherwise does not provide,
necessary information within the time limits provided  for in this Law, or significantly impedes the
investigation, preliminary or final findings, affirmative or negative, may be made on the basis of the
facts available. Where it is found that any interested party has supplied false or misleading
information the information shall be disregarded and use may be made of the facts available.
Interested parties should be made aware of the consequences of non-cooperation.
(2) Failure to give a computerized response sh all not be deemed to constitute non-cooperation
provided that the interested party shows that presenting the response as requested would result in an
unreasonable extra burden or unreasonable additional cost.
(3) Where the information presented by an interested party is not ideal in all respects, it should
nevertheless not be disregarded, provided that any deficiencies are not such as to cause undue
difficulty in arriving at a reasonably accurate finding and provided the information is appropriately
submitted in timely fashion, is verifiable and the party has acted to the best of its ability.
(4) If evidence or information is not accepted, the supplying party should be informed forthwith
of the reasons therefor and shall be granted an opportunity to provide further explanations within the
time limit specified. If the explanations are considered unsatisfactory, the reasons for rejection of suchevidence or information shall be disclosed and given in published findings.
(5) If determinations, including those regarding the amount of countervailable subsidies, are
based on the provisions of paragraph (1), including th e information supplied in the complaint, it shall,
where practicable and with due regard to the time limits of the investigation, be checked by theInvestigating Authority by reference to information from other independent sources which may be
available, such as published price lists, official import statistics and customs returns, or information
obtained from other interested parties during the investigation.
Article 45:  Confidentiality
(1) Any information supplied by any interested  party during the investigation or after its
conclusion shall be treated as confidential by the Investigating Authority in accordance with
paragraph (2) hereof.
(2) Any information, which is by nature confidential (for example, because its disclosure would
be of significant competitive advantage to a competitor or because its disclosure would have a
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acquired the information) or which is provided on a confidential basis by parties to an investigation,
shall, upon good cause shown, be treated as such by the Investigating Authority.
(3) Interested parties providing confidential info rmation shall be required by The Investigating
Authority to furnish non-confidential summaries thereo f. Those summaries shall be in sufficient detail
to permit a reasonable understanding of the substance of the information submitted in confidence. In
exceptional circumstances, such parties may indicate that such information is not susceptible of
summary, and a statement of the reasons why summarization is not possible must be provided.
(4) If the Investigating Authority considers that a request for confidentiality is not warranted and
if the supplier of the information is unwilling to authorize its disclosure, such information may be
disregarded by the Investigating Authority.
(5) This Article shall not preclude the disclosure of general information by the Moldovan
authorities, and in particular the reasons on which decisions taken pursuant to this Law are based, nordisclosure of the evidence relied on by the Moldovan authorities in so far as is necessary to explain
those reason in court proceedings. Such disclosure must take into account the legitimate interest of the
parties concerned that their business or governmental secrets should not be divulged.
(6) The Investigating Authority shall not reveal, without specific permission from the supplier,
any information received pursuant to this Law, for which confidential treatment has been requested by
its supplier.
(7) Information received pursuant to this Law shall be used only for the purpose for which it has
been requested.
Article 46:  Disclosure
(1) The complainants, importers and exporters and their representative associations, and
representatives of the country of export may request disclosure of the details underlying the essential
facts and considerations, on the basis of which prov isional measures have been imposed. Requests for
such disclosure shall be made in writing im mediately following the imposition of provisional
measures and the disclosure shall be made in writing as soon as possible thereafter.
(2) The parties mentioned in paragraph (1) may request final disclosure of the essential facts and
considerations on the basis of which it is intended to recommend the imposition of definitive
measures, or the termination of an investigation or proceedings without the imposition of measures.
(3) Requests for final disclosure in accordance with paragraph (2) shall be addressed to the
Investigating Authority in writing and be received, in cases where a provisional duty has been applied,
not later than one month after publication of the imposition of that duty. Where a provisional duty has
not been imposed, parties shall be provided with an opportunity to request final disclosure within timelimits set by the Investigating Authority.
(4) Final disclosure shall be given in writing. It shall be made, with due regard to the protection
of confidential information, as soon as possible and, normally, not later than one month prior to a
definitive decision or the submission by the Investigating Authority of any proposal for final actionpursuant to Article 35. Where the Investigating Authority is not in a position to disclose certain facts
or considerations at that time, these shall be disclosed as soon as possible thereafter. Disclosure shall
not prejudice any subsequent decision, which may be taken by the Investigating Authority, but whereG/ADP/N/1/MDA/1
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such decision is based on any different facts and considerations these shall be disclosed as soon as
possible.
(5) Representations made after final disclosure is given shall be taken into consideration only if
received within a period to be set by the Investiga ting Authority in each case, which shall be at least
10 days, due consideration being given to the urgency of the matter.
Article 47:  National Interests
(1) A determination as to whether the national in terests call for intervention shall be based on an
assessment of all the various interests taken as a whole, including the interests of the domestic
industry and users and consumers, and a determination pursuant to this article shall only be made
where all parties have been given the opport unity to make their views known pursuant to
paragraph (2) in such an examination, the need to eliminate the trade-distorting effects of injurious
subsidization and to restore effective competition shall be given special consideration. Measures, asdetermined on the basis of subsidization and injury found, may not be applied where the authorities,
on the basis of all the information submitted, can clearly conclude that it is not in the national interests
to apply such measures.
(2) In order to provide a sound basis on which the Investigating Authority can take account of all
views and information in the decision on whether or not the imposition of measures is in the national
interests, the complainants, importers and their representative associations, representative users and
representative consumer organizations may, within th e time limits specified in the notice of initiation
of the countervailing duty investigation, make themselves known and provide information to the
Investigating Authority.
(3) The parties, which have acted in conformity with paragraph (2), may request a hearing. Such
requests shall be granted when they are submitted within the time limits set in paragraph (2), and
when they set out the reasons, in terms of the national interests, why the parties should be heard.
(4) The parties, which have acted in conformity with paragraph (2), may provide comments on
the application of any provisional duties imposed. Such comments shall be received within one monthof the application of such measures if they are to be taken into account and they, or appropriate
summaries thereof, shall be made available to othe r parties who shall be entitled to respond to such
comments.
(5) The parties, which have acted in conformity with paragraph (2), may request the facts and
considerations on which final decisions are likely to be taken to be made available to them. Such
information shall be made available to the extent possible and without prejudice to any subsequent
decision taken by the Investigating Authority.
(6) Information shall be taken into account only where it is supported by actual evidence, which
substantiates its validity.
CHAPTER IV: SAFEGUARDS
Article 48:  General Principles
Safeguard measures (limitation of imports of a product or certain products) shall be imposed
only after  the Investigating Authority makes a positive definition of penetration of such products in
the Republic of Moldova in excessively large quantitie s, as compared, in absolute or relative terms, toG/ADP/N/1/MDA/1
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the national production and consumption and/or where a product is imported terms and conditions,
which cause or might cause a serious injury to a national industry.
Article 49:  Investigation Procedure
(1) The investigation shall seek to determine whether imports of the product in question are
causing or threatening to cause serious injury to the Moldovan producers concerned.
(2) For the purposes of this Chapter, the following definitions shall apply:
(a) ‘serious injury’ means a significant overall impairment in the position of Moldovan
producers,
(b) ‘threat of serious injury’ means serious injury that is clearly imminent;
(c) ‘domestic producers’ means the producers as a whole of the like or directly
competing products operating within the territory of the Republic of Moldova, or
those whose collective output of the like or directly competing products constitutes a
major proportion of the total national production of those products.
Article 50:  Initiation of Investigation
(1) Where it is apparent to the Investigating Auth ority that there is sufficient evidence to justify
the initiation of an investigation, the Investigating Authority shall:
(a) initiate an investigation and publish a notice in the Official Monitor of  the Republic
of Moldova; such notice shall give a summary of the information received, and
stipulate that all relevant information is  to be communicated to the Investigating
Authority; it shall state the period within which interested parties may make known
their views in writing and submit information; it shall also state the period within
which interested parties may apply to be heard orally by the Investigating Authority
in accordance with paragraph (3);
(b) commence the investigation.
(2) The Investigating Authority shall seek all information it deems to be necessary and, where it
considers necessary it makes appropriate endeavour to check this information with importers, traders,agents, producers, trade associations and organizations.
Interested parties which have come forward pursuant to paragraph (1)(a) and representatives
of the exporting country may, upon written request, inspect all information made available to the
Investigating Authority in connection with the inve stigation other than internal documents prepared
by the Moldovan Authorities, provided that that information is relevant to the presentation of their
case and not confidential within the meaning of Article 53 and that it is used by the Investigating
Authority in the investigation. Interested partie s, which have come forward, may communicate their
views on the information in question to the Investigating Authority; those views may be taken into
consideration where they are backed by sufficient evidence.
(3) The Investigating Authority may hear the interested parties. Such parties must be heard where
they have made a written application within the period laid down in the notice published in theG/ADP/N/1/MDA/1
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Official Monitor of the Republic of Moldova , showing that they are actually likely to be affected by
the outcome of the investigation and that there are special reasons for them to be heard orally.
(4) When information is not supplied within the ti me-limits set by this Law, or the investigation
is significantly impeded, findings may be made on the basis of the facts available. Where the
Investigating Authority finds that any interested party has supplied it with false or misleading
information, it shall disregard the information and may make use of facts available.
Article 51:  Results of Investigation
(1) Where the Investigating Authority considers, within nine months of the initiation of the
investigation, that no surveillance or safeguard measures are necessary, the investigation shall be
terminated within a month. The decision to terminat e the investigation, stating the main conclusions
of the investigation and a summary of the reasons th erefor, shall be published in the Official Monitor
of the Republic of Moldova.
(2) If the Investigating Authority considers that surveillance or safeguard measures are necessary,
it shall take the necessary decisions in accordance with Articles 55, 56 and 57, no later than nine
months from the initiation of the investigation. In exceptional circumstances, this time-limit may be
extended by a further maximum period of two months; the Investigating Authority shall then publish anotice in the Official Monitor  of the  Republic of Moldova setting forth the duration of the extension
and a summary of the reasons therefor.
Article 52:  Provisional Safeguard Measures
(1) The provisions of Articles 49 to 54 shall not preclude the use, at any time, of surveillance
measures in accordance with Articles 55 and 56 or provisional safeguard measures in accordance with
Article 57.
(2) Provisional safeguard measures shall be applied:
(a) in critical circumstances where delay would cause damage which it would be difficult
to repair, making immediate action necessary, and
(b) where a preliminary determination provides clear evidence that increased imports
have caused or are threatening to cause serious injury.
(3) The duration of such measures shall not exceed 200 days.
(4) Provisional safeguard measures should take th e form of an increase in the existing level of
customs duty (whether the latter is zero or higher) if such action is likely to prevent or repair the
serious injury.
(5) Should the provisional safeguard measures be repealed because no serious injury or threat of
serious injury exists, the customs duties collected as a result of the provisional measures shall be
automatically refunded as soon as possible.
Article 53:  Confidentiality
(1) Information received pursuant to this Law shall be used only for the purpose for which it was
requested.G/ADP/N/1/MDA/1
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(2) The Investigating Authority shall not reveal any information of a confidential nature received
pursuant to this Law, or any information provided on a confidential basis without specific permissionfrom the supplier of such information.
(3) Each request for confidentiality shall state th e reasons why the information is confidential.
However, if it appears that a request for confidentiality is unjustified and if the supplier of the
information does not wish to make it public, the information concerned may be disregarded.
(4) Information shall in any case be considered to be  confidential if its disclosure is likely to have
a significantly adverse effect upon the supplier or the source of such information.
(5) The preceding paragraphs shall not preclude reference by the Moldovan authorities to general
information and in particular to reasons on which decisions taken pursuant to this regulation are
based. The said authorities shall, however, take into account the legitimate interest of legal and naturalpersons concerned that their business secrets should not be divulged.
Article 54:  Serious Injury
(1) Examination of the trend of imports, of the conditions in which they take place and of serious
injury  or threat of serious injury to the nation al industry resulting from such imports shall cover in
particular the following factors:
(a) the volume of imports, in particular where there has been a significant increase, either
in absolute terms or relative to production or consumption in the Republic ofMoldova;
(b) the price of imports, in particular where there has been a significant price
undercutting as compared with the price of a like product in  the Republic of
Moldova;
(c) the consequent impact on Moldovan producers as indicated by trends in certain
economic factors, such as production, capacit y utilization, stocks, sales, market share,
price levels, profits, return on capital employed, cash flow, employment;
(d) factors (other than trends in imports) which are causing or may have caused injury or
threat of injury to the Moldovan producers concerned.
(2) Where a threat of serious injury is allege d, the Investigating Authority shall also examine
whether it is clearly foreseeable that a particular situ ation is likely to develop into actual injury. In this
regard account may be taken of factors such as:
(a) the rate of increase of the exports to the Republic of Moldova;
(b) export capacity in the country of origin or export, as it stands or is likely to be in the
foreseeable future, and the likelihood that that capacity will be used to export to the
Republic of Moldova.G/ADP/N/1/MDA/1
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Article 55:  Surveillance Measures
(1) Where the trend in imports of a product threatens to cause injury to Moldovan producers, and
where the national interests so require, import of that product may be subject, as appropriate, to:
(a) retrospective surveillance carried out in accordance with the decision of the
Investigating Authority;
(b) prior surveillance carried out in accordance with Article 56.
(2) The surveillance measures shall have a limited period of validity. Unless otherwise provided
in the decision of the Investigating Authority, they shall cease to be valid at the end of the second six-
month period following the six months in which the measures were introduced.
Article 56:  Prior Surveillance
(1) Products under preliminary surveillance may be put into free circulation in the Republic of
Moldova only on production of a surveillance document. Such document shall be endorsed by the
Investigating Authority, free of charge, for any quantity requested and within a maximum of five
working days of receipt of an application by any importer. The importer’s application for asurveillance document shall specify: the applicant’s name and address (including a contact phone),
registration number for VAT collection purposes, description of the goods concerned, indicating its
trade name, code, place of origin and of shipment, quantity in kilograms or other weight measurement
units, value of goods, CIF price (cost, insurance, freight) to Moldovan border, and  the applicant’s
dated and signed declaration worded as follows: “I, the undersigned, hereby confirm that theinformation contained in my application is true and correct and also that I am duly registered as
resident of the Republic of Moldova”. Additional information to that provided for in the above
mentioned form may be required.
(2) A finding that the unit price at which the transa ction is effected exceeds that indicated in the
import document by less than 5 per cent or that the total value or quantity of the products presented
for import exceeds the value or quantity given in the import document by less than 5 per cent shall notpreclude the release for free circulation of the product in question. The Investigating Authority, taking
account of the nature of the products and other special features of the transactions concerned, may fix
a different percentage, which, however, should not normally exceed 10 per cent.
(3) Import documents may be used only for such time as arrangements for liberalization of
imports remain in force in respect of the transactions concerned. Such documents may not in any
event be used beyond the expiry of a period, which shall be laid down at the same time and by means
of the same procedure as the imposition of surveillance.
(4) Where the decision taken pursuant to Article 55 so requires, the origin of products under
surveillance must be proved by a certificate of origin.
Article 57:  Safeguard Measures
(1) Where a product is imported into the Republic of Moldova in such greatly increased
quantities and/or on such terms or conditions as to cause, or threaten to cause, serious injury to the
national industry, the Investigating Authority, in order to safeguard the national interests, may:G/ADP/N/1/MDA/1
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(a) limit the period of validity of import documents within the meaning of Article 56 to
be endorsed after the entry into force of this measure;
(b) alter the import rules for the product in question by making its release for free
circulation conditional on production of an import authorization, the granting of
which shall be governed by such provisions and subject to such limits as the
Investigating Authority shall lay down.
The measures referred to in (a) and (b) shall take effect immediately.
(2) The measures referred to in paragraph (1) shall be taken only when the two conditions
indicated in the first subparagraph of that paragraph are met.
(3) If establishing a quota, account shall be taken in particular of:
(a) the desirability of maintaining, as far as possible, traditional trade flows;
(b) the volume of goods exported under contracts concluded on normal terms and
conditions before the entry into force of a safeguard measure provided that such
contracts have been made known to the Investigating Authority;
(c) the need to avoid jeopardizing achievement of the aim pursued in establishing the
quota.
(4) Any quota shall not be set lower than the average level of imports over the last three
representative years for which statistics are available unless a different level is necessary to prevent or
remedy serious injury.
(5) In cases in which a quota is allocated among supplier countries, allocation may be agreed
with those of them having a substantial interest in  supplying the product concerned for import into the
Republic of Moldova. Failing this, the quota shall be allocated among the supplier countries in
proportion to their share of imports into the Repub lic of Moldova of the product concerned during a
previous representative period, due account being taken of any specific factors which may have
affected or may be affecting the trade in the product.
(6) The safeguard measures referred to in this article shall apply to every product which is put
into free circulation after their entry into force.
(7) However, such measures shall not prevent the release for free circulation of products already
on their way to the Republic of Moldova provided that the destination of such products cannot be
changed and that those products which, pursuant to articles 55 and 56, may be put into free circulation
only in production of an import document are in fact accompanied by such a document.
Article 58:  Products Originating in Developing Countries
No safeguard measure may be applied to a product originating in a developing country
member of the WTO as long as that country's sh are of Moldovan imports of the product concerned
does not exceed 3, provided that developing country members with less than a 3 per cent import share
collectively account for not more than 9 per cent of total community imports of the product concerned
to the Republic of Moldova.G/ADP/N/1/MDA/1
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Article 59:  Duration of Safeguard Measures
(1) The duration of safeguard measures must be limited to the period of time necessary to prevent
or remedy serious injury and to facilitate adjustment on the part of Moldovan producers. The period
should not exceed four years, except in the cases where it may be extended in accordance with
paragraph (2).
(2) Such initial period may be extended, provided it is determined that:
(a) the safeguard measure continues to be necessary to prevent or remedy serious injury,(b) and there is evidence that Moldovan producers are adjusting.
(3) The total period of application of a safeguar d measure, including the period of application of
any provisional measures, the initial period of application and any prorogation thereof, may notexceed eight years.
(4) If the duration of the measure exceeds one year, the measure must be progressively liberalized
at regular intervals during the period of application, including the period of extension.
(5) Where imports of a product have already been subject to a safeguard measure no further such
measure shall be applied to that product until a period equal to the duration of the previous measure
has elapsed. Such period shall not be less than two years.
(6) Notwithstanding paragraph (5), a safeguard measure of 180 days or less may be reimposed for
a product if:
(a) at least one year has elapsed since the date of introduction of a safeguard measure on
the import of that product; and
(b) such a safeguard measure has not been applied to the same product more than twice
in the five-year period immediately preceding the date of introduction of the measure.
CHAPTER V:  FINAL AND TRANSITORY PROVISIONS
Article 60:  Investigating Authority
(1) The powers and organizational structure of the Investigating Authority shall be established by
the Government Decision to the effect. A half of the members in the Investigating Authority shall be
selected from among the staff of the Moldovan Ministry of economy, and the other half shall be
formed of representatives of other central public administration authorities.
(2) The Ministry of Economy and Reform shall, within 6 months, develop and submit to the
Government for approval the internal regulations and procedures of the Investigating Authority, and it
shall approve regulations regarding the implementation of this Law.
Article 61:  Reviews of existing legislation
The Government of the Republic of Moldova sh all, within 3 months after the effective date
hereof, review all existing legal provisions which contradict this law.G/ADP/N/1/MDA/1
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Article 62:  Entry into force
This law shall enter into force on the day of its publication, subject to prior ratification by the
Republic of Moldova of its accession to World Trade Organization.
Chairman of the Parliament (Dumitru Diacov)Chisinau, 17.02.2000
Nr. 820-XIVG/ADP/N/1/MDA/1
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ANNEX
ILLUSTRATIVE LIST OF EXPORT SUBSIDIES
(1) The provision by governments of direct subsidies to a firm or an industry contingent upon
export performance.
(2) Currency retention schemes or any like practices which involve a bonus on exports.(3) Internal transport and freight charges on export shipments, provided or mandated by
governments, on terms more favourable than for domestic shipments.
(4) The provision by governments or their agencies either directly or indirectly through
government-mandated schemes, of imported or domestic products or services for use in the
production of exported goods, on terms or conditions more favourable than for provision of like ordirectly competitive products or services for use in the production of goods for domestic consumption,
if (in the case of products) such terms or conditions are more favourable than those commercially
available on world markets to their exporters.
(5) The full or partial exemption, remission, or deferral specifically related to exports, of direct
taxes or social welfare charges paid or paya ble by industrial or commercial enterprises.
(6) The allowance of special deductions directly related to exports or export performance, over
and above those granted in respect of production for domestic consumption, in the calculation of the
base on which taxes are charged.
(7) The exemption or remission, in respect of the production and distribution of exported
products, of indirect taxes in excess of those levied in respect of the production and distribution of
like products when sold for domestic consumption.
(8) The exemption, remission or deferral of prior-stage cumulative indirect taxes on goods or
services used in the production of exported products in excess of the exemption, remission or deferralof like prior-stage cumulative indirect taxes on goods or services used in the production of like
products when sold for domestic consumption; provided, however, that prior-stage cumulative
indirect taxes may be exempted, remitted or deferred on exported products even when not exempted,
remitted or deferred on like products when sold for domestic consumption, if the prior-stage
cumulative indirect taxes are levied on inputs that are consumed in the production of the exportedproduct.
(9) The remission or drawback of import charge s in excess of those levied on imported inputs
that are consumed in the production of the exported product; provided, however, that in particular
cases a firm may use a quantity of home market inputs equal to, and having the same quality andcharacteristics as the imported inputs as a substitute for them in order to benefit from this provision if
the import and the corresponding export operations both occur within a reasonable time period, not to
exceed two years.
(10) The provision by governments (or special institutions controlled by governments) of export
credit guarantee or insurance programmes, of insurance or guarantee programmes against increases in
the cost of exported products or of exchange risk programmes, at premium rates which are inadequate
to cover the long-term operating costs and losses of the programs.G/ADP/N/1/MDA/1
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(11) The grant by governments (or special institutions controlled by and/or acting under the
authority of governments) of export credits at rates below those which they actually have to pay for
the funds so employed (or would have to pay if they borrowed on international capital markets in
order to obtain funds of the same maturity and other credit terms and denominated in the same
currency at the export credit), or the payment by them of all or part of the costs incurred by exporters
or financial institutions in obtaining credits, in so far as they are used to secure a material advantage in
the field of export credit terms.
(12) Any other charge on the public account constituting an export subsidy in the sense of
Article XVI of GATT 1994.
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