G/ADP/N/1/ISL/2  
G/SCM/N/1/ISL/2  
 
20 September  2022 
(22-7027) Page: 1/4 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE S 18.5 AND  32.6 OF THE AGREEMENT  
ICELAND  
The following communication , dated and received on 16 September  2022, is being circulated at the 
request of the delegation of Iceland . 
 
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This notification includes a copy of Articles 133 -137 of Iceland 's Customs Law No. 88/2005, in 
accordance with Article 18.5 of the Agreement on Implementation of Article VI of the GATT 1994 
and Article 32.6 of the Agreement on Subsidies and Countervailing Measures. Iceland 's Customs Law 
No.88/2005 has replaced Iceland 's Customs Law No. 55/1987, which has been revoked.  
 
It should be noted that Art icles 133 -137 of Iceland 's Customs Law No. 88/2005 do not contain 
changes of substance from legislation on Anti -Dumping and Countervailing Measures previously 
notified to the Committee on Anti -Dumping Practices and the Committee on Subsidies and 
Countervai ling Measures .1 
 
CHAPTER XVIII  
Anti-Dumping and Countervailing Duties, et al. 
Article 133 
Imposition of  anti-dumping and countervailing duties  
When it may be considered that foreign goods are being imported or offered on dumping terms 
and that such dumping is likely to cause real prejudice to domestic business activities or may cause 
serious impediment to such activities, the Minister may impose special antidumping duties, as a 
countermeasure against such trade.  
For the same purpose and on the same c onditions, the Minister may impose special 
countervailing duties when export bounty, subsidies, refund and the like, granted abroad, may be 
expected to cause in this country the conditions described in paragraph 1. 
The Minister may, furtherm ore, impose ant i-dumping and countervailing duties on foreign trade 
in services on the same conditions as applicable to trade in goods according to provisions of this 
Chapter.  
 
1 G/ADP/N/1/ISL/1 and G/SCM/N/1/ISL/1 . G/ADP/N/1/ISL/2 •  G/SCM/N/1/ISL/2  
 
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  The Minister's decisions on this matter shall enter into force on the day they are published in  
Stjórnartiõindi  (the Government Gazette) and shall not be in force for a longer duration than five 
years.  
The Minister can appoint a committee to investigate complaints regarding the importation of 
goods on dumping terms or with subsidies and to make reco mmendations to the Minister on the 
imposition of anti -dumping or countervailing duties. Provisions of this Law shall apply to the tasks 
of the committee, rights and obligations, as far as applicable.  
Article  134 
In this Law, dumping or dumping terms shall be deemed to apply to the importation or offering 
of foreign goods:  
1. at a price lower than comparable prices of such goods under normal business conditions in 
the export country, or  
2. when such a price is unavailable in the export country, either  
a. at a price l ower than the maximum export price of such goods to some other 
country, or  
b. at a price lower than the cost of producing the goods in the country of origin, with 
the addition of a reasonable mark -up for marketing cost and profit.  
In the comparison mentioned in paragraph 1, consideration shall be given to differences in sales 
and delivery terms, transportation cost, taxes, and other such factors of differences that may be of 
relevance.  
Article  135 
Anti-dumping duties must not exceed the dumping margin, i. e. t he difference between the 
dumping price and the price being compared.  
Countervailing duties must not exceed the payments or subsidies which are directly or indirectly 
granted in connection with the manufacture, processing, exportation or transportation of the goods.  
Article  136 
Anti-dumping or countervailing duties in accordance with the above provisions may be imposed 
upon one or more articles or types of goods, on goods from one or more consignors, or on goods 
from one or more countries.  
Anti-dumping and countervailing duties may be imposed temporarily until further information 
is available, if a delay is considered likely to cause damage. Such temporary duties, however, must 
not be imposed for a longer duration than twelve months.  
The Min ister can issue further provisions concerning anti -dumping and countervailing duties and 
payment thereof. The legal protection of these duties shall be in accordance with the provisions of 
Article 128.  
Article 137 
Anti-dumping and countervailing duties sha ll not be imposed retroactively except:  
1. When a product has been imported in great quantities during a short period of time and 
offered on dumping terms which have caused damage domestically. In such cases G/ADP/N/1/ISL/2 • G/SCM/N/1/ISL/2  
 
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  antidumping duties may be imposed retroactively on importation if such action is likely to 
prevent further importation on dumping ter ms. 
2. When a product having benefited from export bounty, subsidies, refund and the like has 
been imported in great quantities during a short period of time and caused damage d ifficult 
to compensate for. In such cases countervailing duties may be imposed retroactively on 
importation if such action is likely to prevent further importation of products subsidized in 
this manner.  
3. When a promise to stop importation, falling within Ar ticle 133, paragraphs 1 to 3, has been 
broken.  
Anti-dumping or countervailing duties imposed retroactively can cover products  imported up to 
90 days before [the Ministry] 180 received a complaint regarding importation subject to Article 133, 
paragraphs 1 to 3.  
Article 138  
When the circumstances specified in Article 5 of the Agreement on Agriculture in Annex 1 A to 
the convention establishing the World Trade Organization apply with regard to any of the products 
listed in Annex II A to this Law and designated therein with the symbol "SSG", that  
1. the volume of imports exceeds the level specified in Article 5 of said Agreement on 
Agriculture; or, but not concurrently,  
2. the import price of the product falls below a certain level, cf. definition in Art icle 5 of the 
Agreement on Agriculture, the duty on the product in question shall, without prejudice to 
the provisions of Article 4, paragraphs 1 and 3, be the maximum duty according to the tariff 
binding in Annex  II A with the addition of additional duty in accordance with Article 5, 
paragraph 5, of the Agreement on Agriculture.  
Additional duties shall in other respects conform to the conditions in Article 5 of the  Agreement 
on Agriculture. Duty according to this Article shall only be levied when [the Mini ster who administers 
agricultural affairs] 181 has decided to apply Article 5 of the Agreement on Agriculture and has issued 
regulations thereon.  
Article 139  
Compensation charges on imported goods  
Price compensation charges may be imposed on imported goods  produced from agricultural raw 
materials in accordance with conditions specified in Protocol 3 to the Agreement on the European 
Economic Area, as well as other free trade agreements and international agreements and protocols 
thereto.  
If price compensation  charges are imposed according to paragraph 1, duties or other 
comparable charges must not also be levied on taxable goods from the contracting parties unless 
otherwise specified in provisions of Protocol 3 to the Agreement on the European Economic Area as  
well as other free trade agreements and international agreements and protocols thereto.  
The collection of price compensation charges provided for in this Article does not affect the 
collection of duty according to the Customs Tariff on goods not eligible for customs treatment in 
accordance with the provisions of the Agreement on the European Economic Area or the provisions 
of other free trade agreements and international agreements unless otherwise provided for therein.  
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180 Cf. law No. 126/2011, Article 410.  
181 Cf. law No. 126/2011, Article 410.  
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  A price compensation charge shall be levied and collected upon customs treatment of goods.  
In regulations, the Minister can issue further provisi ons concerning price compensation charges 
according to this Article, classification for taxability, proof of the composition of taxable goods as 
well as other factors concerning the levy and collection of the charges. Furthermore, he can in the 
same manner  stipulate the waiver of duties and other comparable charges when a price 
compensation charge is imposed on the product. The legal protection of price compensation charges 
shall be in accordance with provisions of Article 128.  
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