G/ADP/Q1/MNE/4  
G/SCM/Q1/MNE/4  
G/SG/Q1/MNE/4  
 
1 October 2014  
(14-5524)  Page: 1/2  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Committee on Safeguards 
 Original: English  
 
 NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
REPLIES TO FOLLOW-UP QUESTIONS1 POSED BY THE UNITED STATES 
REGARDING THE NOTIFICATION OF MONTENEGRO2 
The following communication, dated 30 September 2014, is being circulated at the request of the 
Delegation of Montenegro.  
_______________ 
 
 Montenegro wishes to thank the United States for its follow-up questions
1 concerning Montenegro's 
notification of Laws and Regulations under Ar ticles 18.5, 32.6, and 12.6 of the Agreements. 
Detailed replies to the questions posed by the United States are set forth below.  
 
Question 1 
 In the original question 3, the United States  inquired about the opportunities for appeal 
and judicial review, and the specific proc edures and timelines that govern each 
appeal/judicial review proceeding. While Montenegro did reply to those specific 
questions, it did not indicate as to when su ch timelines and procedures will be notified 
to the applicable WTO Committees. Therefore, please indicate when such a notification 
will be made. 
 Reply 
 The relevant portions of The Law on General Administrative Procedure ("Off. Gazette of RoM", No. 60/03 as of 28.10.2003 and "Off. Gazette of MNE" no 32/011 as of 01.07.2011) and the Law on Administrative Dispute ("Off. Gazette of RoM" , no 60/03 as of 21.10.2003) shall be notified to 
the WTO in cooperation with the Secretariat in due course. 
 Question 2 
 
In the original question 6, the United States inquired as to how, if at all, related party 
producers would be excluded from the "domestic industry". While Montenegro 
responded that related party producers are not always excluded from the domestic 
industry, it did not clarify whether this refe rred to "domestic industry" for purposes of 
determining standing under Article 37(2) of  the Law or for determining injury for 
purposes of Article 36(1) of the La w, or both? Please clarify.  
 
                                               
1 G/ADP/Q1/MNE/3-G/SCM/Q1/MNE/3-G/SG/Q1/MNE/3 (dated 15 September 2014). 
2 G/ADP/N/1/MNE/1/Suppl.1-G/SCM/N/1/MNE/1/Suppl.1–G/SG/N/1/MNE/1/Suppl.1 (dated 
9 May 2014). G/ADP/Q1/MNE/4 • G/SCM/Q1/MNE/4 • G/SG/Q1/MNE/4 
 
- 2 - 
 
  Reply 
 
Related party producers are not always excluded fr om the domestic industry for purposes of both 
Articles.  
 
Question 3  
In our re-review of the Foreign Trade Law and the revised Decree, we noted that 
Article 43(3) of the Law indicates that duti es will be revoked if an expiry review 
indicates that dumping or subsidies, and injury , "would be unlikely to continue or recur" 
(emphasis added). Article 11.3 of the AD Agreement and Article 21.3 of the 
SCM Agreement, which state that duties may be continued only if there is a 
determination in an expiry revi ew that "expiry of the duty would be likely to lead to a 
continuation or recurrence of [dumping or subsidization] and injury". Please explain 
how Montenegro will ensure that the standard in Article 43(3) will be consistent with 
these provisions of the AD and SCM Agreement.  
Reply 
 
Montenegro believes that Article 43(3) of the Law on Foreign Trade is in line with relevant WTO Agreements. Even though, as it was stated in the answer on original question 5, according to 
the Constitution of Montenegro there is no obstac le for direct application of the Agreements when 
they regulate relations differently than the national legislation. Namely, Article 9 of the Constitution of Montenegro prescribes that rati fied and published international agreements and 
generally accepted rules of international law shall make an integral part of the internal legal order, 
shall have the supremacy over the national legislat ion and shall apply directly when they regulate 
relations differently than the national legislation. 
 
 
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