G/ADP/N/1/MNE/1/Suppl.1  
G/SCM/N/1/MNE/1/Suppl.1  
G/SG/N/1/MNE/1/Suppl.1  
 
9 May 2014  
(14-2858)  Page: 1/16  
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 
MONTENEGRO  
Supplement 
The following communication, dated 28 April 2014, is being circulated at the request of the 
Delegation of Montenegro.  
_______________ 
  
Anti-Dumping 
 With reference to Article 18.5 of the Agreement on  Implementation of Article VI of the GATT 1994, 
the Government of Montenegro notifies the Committee on Anti-Dumping Practices consolidated 
text of the Decree for the implementation of Law on Foreign Trade No. 52 of 2 August 2004 and 
No.44 of 23 July 2007. The copy of the Act is enclosed.  
Countervailing Measures 
 With reference to Article 32.6 of the Agreement on Subsidies and Countervailing Measures, the 
Government of Montenegro notifies the Committee on Subsidies and Countervailing Measures 
consolidated text of the Decree for the implementation of Law on Foreign Trade No. 52 of 2 August 2004 and No.44 of 23 July 2007. The copy of the Act is enclosed.  
Safeguards 
 With reference to Article 12.6 of the Agreement on Safeguards, the Government of Montenegro 
notifies the Committee on Safeguards consolidated  text of the Decree for the implementation of 
Law on Foreign Trade No. 52 of 2 August 2004 and No.44 of 23 July 2007. The copy of the Act is 
enclosed. 
 
  G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  UNOFFICIAL TRANSLATION 
DECREE FOR THE IMPLEMENTATION OF THE LAW ON FOREIGN TRADE 
RM Official Gazette No. 52/04, and 
Official Gazette No. 44/07 since 23 July 2007 
 
PART ONE 
 
 
GENERAL PROVISIONS 
 
Subject-matter of the Regulation 
 
Article 1 
 
This Regulation shall govern conditions and procedures for issuance of import licenses, export 
licenses, and licenses for transit of goods and application of protective measures.  
Definitions 
 
Article 2 
 
For the purposes of this Regulation, the following terms shall have the meaning specified below: 
 "Licence " is a document being a prior condition for importation or exportation, and/or transit of 
goods which is issued in the administrative proceedings upon an application of an interested 
person which fulfils the conditions prescribed by the Foreign Trade Law (RM Official Gazette, No. 28/04) [hereinafter referred as: the Law] and this Regulation; 
 
"Like product " is a product which is identical to the product under consideration, or, that has 
characteristics closely resembling those of the product under consideration;  
"Export price " is the price actually paid, or payable for a product when sold for export from the 
exporting country to the Republic of Montenegro [hereinafter referred to as: the Republic];  
"Industrial research " is a research or investigation aimed at discovery of new knowledge, with 
the objective that such knowledge may be useful in developing new products, processes or services, or in bringing about a significant improvement to existing products, processes or 
services. 
 "Pre-competitive development activity"  is the translation of industrial research findings into a 
plan, blueprint or design for new, modified or improved products, processes or services whether 
intended for sale or use or not, including the creation of the first prototype. It may further include 
the conceptual formulation and design of products, processes or services alternatives and initial demonstration or pilot projects, provided that these same projects cannot be converted or used for 
industrial application or commercial exploitation. It does not include routine or periodic alterations 
to existing products, production lines, manufac turing processes, services, and other on-going 
operations even though those alterations may represent improvements. 
 
"General framework of regional development " means that regional subsidy programs are 
part of an internally consistent and generally applicable regional development policy and that regional development subsidies are not granted in isolated geographical points having no, or 
virtually no, influence on the development of a region. 
 "Usual price " is a price which corresponds to prevailing market conditions in the country where 
the goods or services are obtained, i.e. country in which the goods are bought, including the price, 
quality, availability, market access, transportation and other circumstances of purchase or sale.  G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  "Interested person " is an exporter, foreign producer, or importer of the products which is the 
subject-matter of investigation, or commercial or business association which represents the majority of producers, exporters or importers of such product; every domestic producer of the like product or commercial or business association which represents majority of producers of the like 
product in the Republic, and Government or other state body of the exporting country or state of 
the origin of the product which is the subject-matter of investigation;  
"Confidential information " is every information whose communication to the public would 
represent significant advantage for competitor or could cause damage to person who has produces such information or for person from whom the information is gathered, as well as any information which parties to the investigating procedure provide as confidential, and 
 
"Increased imports " is the real increase of imports (increase in absolute terms) or increase of 
the market share at the market which is decreasi ng, even where the quantity of imports is not 
increasing (increase in relative terms). 
  
PART TWO 
 
CONDITIONS AND PROCEDURES FOR ISSUANCE OF A LICENSE 
 
Control List 
 
Article 3 
 
(1) Export, import and transit licenses shall be issued for the goods under the licensing regime 
established by the Decision on Control List for Export, Import and Transit of Goods. 
 
(2) Provisions on licensing procedures of import and/or export of goods of this Regulation shall 
apply mutatis mutandis to issuance of licenses for transit of goods which are under the licensing regime 
 
Competent authority for issuance of a license 
 
Article 4 
 An application for issuance of export, import or transit license shall be submitted in written form to 
the administrative body competent for foreign trade affairs, and/or other competent administrative 
bodies in accordance with Article 22, paragraph 3 of the Law [hereinafter referred to as: the competent authority].  
Content of Application for Issuance of a Licence 
 
Article 5 
 
(1) Application for issuance of a license for export, import and transit of goods shall contain data 
on the applicant and goods, including the following: 
 
1) name and type of goods; 
2) tariff code, and/or tariff codes of goods; 
3) quantity of goods in measurement units; 
4) value of goods expressed in euros (total and singular); 
5) nomination of the exporting country; 
6) nomination of the country of origin of goods; 
7) information on person being an exporter and/or importer of goods (name, firm, 
address, person identification number and/ or registration number, work permit in 
accordance with special regulation of competent ministries and phone number) and 
8) proof on title on art, cultural, historical or  archaeological treasures, as well as proof 
that the author and/or holder of copyright is informed of the destination of the  exported artefact. 
 G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  (2) Evaluation of value of goods wh ich represent art, cultural, historical or archaeological treasures 
shall be conducted by special expert commission which shall be established by the ministry of culture. 
 
(3) The applicant shall pay a fee for evaluation of value of goods representing art, cultural, 
historical or archaeological treasures. 
 
(4) The amount of fees to be paid for evaluation  of value of goods representing art, cultural, 
historical or archaeological treasures shall be determined by the ministry of culture. 
 (5) The application for issuance of a license for export, import and transit of goods may contain 
other data and facts that applicant considers important for making a decision. 
 (6) An application for issuance of a license shall be accompanied with the proof that administrative 
fee has been paid. 
 
Additional Data 
 
Article 6 
 
(1) The competent authority may request the applicant to supply additional data or documents, 
depending on the type of goods and conditions which such goods need to fulfill. 
 (2) If the applicant has been issues a license for im port of goods in question in the previous term, 
the competent authority may request that proof on the usage of previously issued license 
and/or license be submitted. 
 
Form of Issuance of a License 
 
Article 7 
 
(1) The license shall be issued by the competent authority. 
 (2) The competent authority shall decide on the app lication for issuance of a license in a form of 
decision. 
 
(3) A decision to issue an automatic license may take a form of note on the copy of the application 
submitted. 
 
 
PART THREE 
 
PROCEDURES FOR APPLICATION OF PROTECTIVE MEASURES 
 
CHAPTER ONE 
 
ANTIDUMPING AND COUNTERVAILING MEASURES 
 
Determination of Dumping 
 
Article 8 
 
Determination of dumping shall be conducted if the goods are imported in the Republic at the price lower than its normal value.  G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  Normal Value of Goods 
 
Article 9 
 
(1) Normal value shall be the price paid for a product when destined for the free trade at the 
market of the exporting country, or other value determined in accordance with relevant WTO 
agreements and EU regulations. 
 
(2) When the product that is subject to an investigation in accordance with this Regulation is not 
sold in the free circulation in the market of th e exporting country, or when such sales do not 
allow objective comparison due to market size or low sales, normal value shall be determined 
by comparison with the like product intended for sale in the market of the representative third 
country, or by comparison with the costs of production in the country of origin plus a reasonable amount for administrative, selling and general costs and for profits. 
 
Minimum Level of Sale 
 
Article 10 
 (1) Sales of a like product destined for the free trade in the market of the exporting country 
referred to in Article 9, paragraph 1 of this Decree, shall be considered to be sufficient to 
determine a normal value if such a sale represents at least 5% of the sale of the product 
subject to determination of normal value in the market of the Republic. 
 
(2) Exceptionally, lower ratio of sale in the Republic may be used for determination of the normal 
value if the evidence demonstrate that such level is nonetheless of sufficient magnitude to provide for a proper comparison for the purposes of normal value determination. 
 
Determination of a Normal Value 
 
Article 11  
 
(1) Sales of a like product in the market of the exporting country or export to a third country at 
the prices lower than normal value, do not have to be taken into consideration when 
determining the normal value, unless the occu rrence of such a trade has been identified: 
 
1) within an extended period of time, which should normally be one year but  in no case 
be less than six months;  
2) in substantial quantities, i.e. when it has been established that the weighted average 
selling price of the transactions under consideration for the determination of the normal value is below the weighted average per unit costs, or that the volume of sales 
below per unit costs represents not less than 20 per cent of the volume sold in 
transactions under consideration for the determination of the normal value. 
 
(2) Expenses referred to in Article 9 of this Regulation shall be calculated, as a rule, based on 
available accounting records of the exporter, and/or producer. 
 (3) When calculating expanses, all available data  on the structure of expanses shall be used, 
including data on the structure of expanses in the previous period of time, which are supplied 
by exporter and/or producer. 
 (4) When the amount of expanses is not supplied by the exporter and/or producer, they shall be 
determined on the basis of: 
 
1) data on the amount of expanses usually  incurred by the seller or exporter in 
production or sale of the like product in  the market of the exporting country or 
country of origin, or on the basis of the weighted average of the amounts incurred and realized by other exporters or producers subject to investigation in accordance with 
this Regulation; or 
2) in any other reasonable method, provided that the amount for profit so established 
shall not exceed the profit normally realized by other exporters or producers on sales of products of the same category in the domestic market of the country of origin G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  Determination of the Export Price 
 
Article 12 
 
(1) Export price which importer pays shall be de termined on the basis of the price at which the 
imported goods are first resold in the condition as imported. 
 (2) Export price shall include normal value of the goods, transportation and sale costs, including 
duties and taxes incurred during importation. 
 (3) In cases where there is no export price or where it appears to the Competent Authority that 
the export price is unreliable because of asso ciation or a compensatory arrangement between 
the exporter and the importer or a third party,  the export price may be constructed on the 
basis of: 
 
1) The price at which the imported goods are first resold in the condition as imported to an 
independent buyer, or  
2) On any other reasonable basis, if the products are not resold to an independent buyer or 
are not resold in the condition as imported, taking into account costs of import, including 
duties and taxes incurred between importation and resale at the market of the Republic, 
as well as profits accrued by the importer. 
 
Determination of the Margin of Dumping 
 
Article 13 
 
(1) Export price and normal value shall be compared for the purposes of determination of 
dumping, taking into account the same level of trade and with respect to sales made at as nearly as possible the same time.  
 
(2) Comparison of export price and normal value shall be conducted in accordance with basic 
characteristics of the export procedure in question, and especially taking into account the following: 
 
1) Physical characteristics; 
2) Import charges and indirect taxes; 
3) Terms of sale, discounts, rebates and quantities; 
4) Level of trade; 
5) Transport, insurance, handling, loading and ancillary costs; 
6) Packing costs; 
7) The amount of credit  granted for the sale, provided that it is a factor taken into account 
in the determination of the sale price; 
8) After-sales costs (guarantees, technical assistance and maintenance); 
9) Commissions paid in respect of the sales; 
10) Currency conversions (using the rate of exchange on the date of sale); 
11) Profits. 
 
(3) Comparison of the export price with the no rmal value for the purpose of determining the  
margin of dumping during the investigation shall be made by comparison of the weighted 
average normal value to weighted average export price or by comparison of individual export 
prices from all comparable export transactions.  
 (4) Notwithstanding the provision of paragraph 3 of this Article, normal value determined based on 
the weighted average can be compared to the pric es from individual export transactions, if the 
competent authority: 
 
1) Determines that export prices differ signific antly among different buyers, regions or time 
periods; and 
2) Provides an explanation as to why such differences cannot be taken into account 
appropriately by the use of a weighted aver age-to-weighted average or transaction-to-
transaction comparison. G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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(5) Where the products are not imported directly fr om the country of origin but rather exported to 
the Republic from an intermediate country, the price at which the products are sold from the 
country of export to the Republic shall be comp ared with the comparable price in the country 
of export. The comparison can be made with the price in the country of origin, if: 
 
1) The products are merely transhipped through the country of export, or 
2) Such products are not produced in the country of export, or 
3) There is no comparable price for them in the country of export. 
 
DETERMINATION OF THE EFFECTS OF SUBSIDIES 
 
Determination of Subsidies 
 
Article 14 
 
(1) Existence of the subsidized import shall be investigated and determined by the competent 
authority. 
 
(2) Subsidy shall be deemed to exist when there is any financial contribution by a government of 
the country of origin or export or its bodies, notably where: 
 
1) A state body directly transfers funds (e.g. grants, loans, equity infusion) or accepts 
liabilities;  
2) A state body does not collect or discharges debt due on the basis of public revenues; 
3) A state body purchases goods, supplies goods or services, on non-market criteria; 
4) A state body makes payments to a funding mechanism or entrusts or directs other 
persons  to carry out one or more of the type  of functions referred to in items 1, 2 and 3 
of this Article which would normally be vested in that state body. 
 
Specific Subsidies 
 
Article 15 
  
(1) Countervailing measures for offsetting the effects of subsidies with respect to imported goods 
in questions may be applied only with respect to specific subsidies, i.e. subsidies intended  to a 
specific enterprise or industry or group of en terprises (hereinafter referred to: as “certain 
enterprises”). 
 
(2) Subsidies contingent, in law or in fact, whether solely or as one of several other conditions, 
upon export performance, including those illustrated in Annex 1 to the WTO Agreement on Subsidies and Countervailing Measures, and the subsidies, without having been made legally contingent upon export performance, is in fact tied to actual or anticipated exportation or 
export earnings as well as subsidies contingent upon the use of domestic over imported goods, 
shall always be considered specific. 
 
(3) Competent authority, when determining specific subsidies, may on its own judgment 
investigate other factors, notably: 
 
1) use of a subsidy program by a limited number of certain enterprises; 
2) predominant use of a subsidy by certain enterprises; 
3) the length of time during which the subsidy program has been in operation; and 
4) the extent of diversification of economic activities within the jurisdiction of the authority 
granting subsidies, as well as the manner in which discretion has been exercised by the 
granting authority. 
 
Non-actionable Subsidies 
 
Article 16  
 
(1) The following subsidies shall not be subject to countervailing measures: G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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1) Assistance for research activities conducted by businesses or by higher education or 
research establishments on a contract basis with firms, if such assistance covers not 
more than 75% of the costs of industrial research or 50% of the costs of pre-competitive development activity; 
2) Assistance to disadvantaged regions within th e territory of the country of origin and/or 
export, given pursuant to a general framework of regional development, and  
3) Assistance 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 businesses. 
 
(2) Subsidy shall not be deemed specific if the authority competent for granting subsidies, or 
legislation pursuant to which the granting authority operates, establishes objective criteria or 
conditions governing the eligibility for, and the amount of a subsidy, provided that the eligibility is automatic and that such criteria and conditions are strictly adhered to. mean 
criteria or conditions which are neutral, which do not favor certain enterprises over others, and 
which are economic in nature (e.g. number of employees or the size of enterprise). 
 
(3) Determination or change of generally applicable tax rates shall not be deemed to be a specific 
subsidy. 
 
Recipients of Non-actionable Subsidies 
 
Article 17 
 
The benefits conferred to the recipient of subsidy shall not be considered as specific subsidy, 
within the meaning of this Regulation, where:  
1) provision of equity capital by the state body is consistent  with the usual investment 
practice of private investors in the territory of the country of origin and/or export; 
 
2) there is no difference between the amount that the firm receiving the loan pays on the 
government loan and the amount the firm would pay on a comparable commercial loan 
which the firm could actually obtain on the ma rket. If the expenses of the loan for which 
the state body guarantees are lower than expanses of the commercial loan for which the 
state body does not guaranty, such  difference shall be considered as benefit conferred 
to the recipient; 
 
3) there is no difference between the amount of a loan for which the state body guaranties 
and the amount of commercial loan for which the state body does not guaranty. If the expenses of the loan for which the state body  guarantees are lower than expanses of the 
commercial loan for which the state body does not guaranty, such  difference shall be 
considered as benefit conferred to the recipient; and 
 
4) the provision of goods or services or purchases of goods by a government is not made 
for less than adequate remuneration, or the purchase is made for more than adequate 
remuneration at the market. 
 
Calculation of Specific Subsidies 
 
Article 18 
 
(1) The amount of specific (actionable) subsidies shall be determined according to the amount of 
the benefit conferred to the recipient during the subsidizing period which is the subject matter of the investigation. Calculation shall be made, as a rule, on the basis of data for the last 
business year of the subsidy recipient. 
 (2) If data referred to in paragraph 1 of this Article are not available, the basis for calculation may 
represent other available financial or relevant data, for the period not shorter than six month 
before initiation of investigation procedure. 
 G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  (3) The amount of subsidy shall be determined pe r unit of the subsidized product exported to the 
Republic. 
 (4) The amount of subsidy may be deduced for the amount of: 
 
1) costs necessarily incurred in order to qualify for, or to obtain, the subsidy; 
2) export taxes, duties or other charges levied on the export of the product to the Republic 
specifically intended to offset the subsidy; 
 (5) Where the subsidy is not granted by refere nce to the quantities manufactured, produced, 
exported or transported the amount of subsidy sh all be determined by allocating the value of 
the subsidy, as appropriate, over the level of  production, sales or exports of the products 
concerned during the investigation period for subsidization. 
 
DETERMINATION AND APPLICATION OF ANTIDUMPING 
AND COUNTERVAILING MEASURES 
 
Examination of the Impact on the Industry 
 
Article 19 
 
The examination of the impact of the dumped and subsidized imports on the industry  suffering 
damage from such import shall include an evaluation of all relevant economic factors having a bearing on the state of the industry, including inter alia : 
 
1) The fact that an industry is still in the process of recovering from the effects of past 
subsidization or dumping; 
 
2) The magnitude of margin of dumping or the amount of subsidies; 
 
3) Actual and potential decline in sales, profits,  output, market share, productivity, return 
on investments or  utilization of capacity; 
 
4) Factors affecting the prices on the domestic market; 
 
5) Actual and potential negative effects on cash flow, inventories, employment, wages, 
growth, ability to raise capital or investments. 
 
Material Injury From Dump ed or Subsidized Imports 
 
Article 20 
 
(1) A determination of a threat of material injury shall be based on facts, and/or change in 
circumstances which is clearly foreseen, and imminent. 
 
(2) Factors used to determine the existence of the threat of material injury shall include inter alia : 
 
1) significant rate of increase of dumped or subsidized imports into indicating the likelihood 
of substantially increased importation in the Republic; 
2) sufficient freely disposable, or an imminent, substantial increase in, capacity of the 
exporter indicating the likelihood of substantially increased subsidized exports into the Republic, taking into account the availability of other export markets to absorb any 
additional exports; 
3) impact of import prices of the goods on de pression or suppression of domestic prices 
and/or increased demand for further imports in the Republic; 
4) inventories of the product being investigated; and 
5) in case of investigation of subsidized imports, nature of the subsidy or subsidies in 
question and the trade effects likely to arise there from. 
  G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  Application for Initiation of the Investigating Proceedings 
 
Article 21 
 
(1) The application for initiation of an investigation shall contain sufficient evidence of the 
existence of dumping or subsidization as well as the injury resulting thereof, and a causal link 
between the dumped and/or subsidiz ed imports and the alleged injury. 
 
(2) In cases of any alleged dumping, the application shall also contain the information on normal 
value of goods, sale price of goods in the mark et of the country of origin or third country, 
export price, as well as sale price of goods at which the product is first resold to an independent buyer in the territory of the Republic  
 
Prior Notification on Initiation of Investigation Proceedings 
 
Article 22 
 
After the receipt of a properly documented application and before the initiation of an investigation, 
the Competent Authority shall notify of the submitted application: 
 
1) In cases of alleged dumping: the government of the country of export of the concerned 
product; 
 
2) In cases of alleged subsidized import - the government of the country of origin and/or 
export which shall be invited for consultations with the aim of clarifying the situation and arriving at a mutually agreed solution. 
 
Rejection of the Request 
 
Article 23 
 
(1) When the application for initiation of procedure for investigation of dumping or subsidized 
imports does not contain sufficient evidence, the competent authority may, within 8 days of 
the receipt of application request from the applicant to submit necessary evidence and set a 
period of time for such corrections. 
 
(2) The competent authority shall reject the request for initiation of the investigation procedure 
when it determines that there is no sufficient evidence of dumping or subsidies and of causal 
injury. 
 
Termination of the Proceedings 
 
Article 24 
 
(1) The competent authority shall not propose to the Government the application of anti-dumping 
and/or countervailing duty if in the investigation procedure it is determined that that the 
margin of dumping or the amount of subsidy is de minimis , or where the volume of dumped 
and/or subsidized imports, actual or potential, or the injury, is negligible. 
 
(2) The margin of dumping shall be considered to be de minimis  if this margin is less than 2 per 
cent, expressed as a percentage of the export price, whereas the amount of the subsidy shall 
be considered to be de minimis  if the subsidy is less than 1 per cent ad valorem. 
 
Conditions for Termination and/or Continuation of Proceedings 
 
Article 25 
 
If the competent authority determines in the in vestigation procedure that exports of dumped 
products from one particular country constitute less than 3% of the total imports of the like 
product in the Republic, it shall not propose to the Government the application of anti-dumping 
and/or countervailing duty, except where the imports from more country collectively account for more than 7% of the total import of the like product in the Republic. G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  Notification of Initiation of the Proceedings 
 
Article 26 
 
(1) The notification of initiation of the proceedings for investigation of the existence of dumped or 
subsidized imports shall contain: 
 
1) The name of the exporting country or countries and the product involved; 
 
2) The date of initiation of the investigation; 
 
3) Evidence on the existence of dumping or subsidy; 
 
4) A summary of the factors on which the allegation of injury is based; 
 
5) The address to which representations by interested parties should be directed; and 
 
6) The time limits allowed to interested parties for making their views known. 
 (2) The notification referred to in paragraph 1 of this  Article shall be published in official Gazette of 
the Republic of Montenegro. 
 
Notification of Interested Persons 
 
Article 27 
 
Notification on initiation of investigation proced ure under Article 26 of this Regulation shall be 
submitted to the known exporters and authorities of  the country of export and/or origin, and to 
other interested parties on their request, provided the of confidentiality of information is secured.  
Activities in the Investigation Proceedings 
 
Article 28 
 
(1) In carrying out an investigation, the Competent Authority may: 
 
1) seek evidence and information it deems to be necessary for the investigation; 
2) examine and verify the data supplied by the interested parties;  
3) where necessary, carry out investigation and inspection; and 
4) inspect any records kept by the importers, exporters, traders, agents, producers, trade 
organizations and associations. 
 
(2) For the purpose of verification of the information received or collecting new ones, the 
competent authority can conduct the activities referred to in paragraph 1 of this Article, if it 
obtains a consent of: 
 
1) a person to which  the activities relate; 
2) the competent authority where the activities will take place. 
 (3) The competent authority shall prepare the su mmary of non-confidential information on the 
results of the activities referred to in paragraphs  1 and 2 of this Article, which may be, subject 
to restrictions referred to in Article 8 of the Law, made available to the applicant. 
 
Restrictions on Investigation Proceedings  
 
Article 29 
  
(1) As a rule, the competent authority shall determine an individual margin of dumping or the 
amount of subsidy, as the case may be, for each exporter identified or manufacturer of the product subject to investigation. 
 G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  (2) In cases where the number of applications, exporters, producers, importers or types of 
products involved is so large as to make determination of an individual margin of dumping or the amount of subsidy referred to in paragraph 1 of this Article impracticable, the competent 
authority may, upon consultations and the consent of interested exporters, producers or 
importers limit the examination to: 
 
1) a reasonable number of interested parties or products by using samples which are 
statistically valid on the basis of information available at the time of the selection, or  
2) the largest percentage of the volume of the exports from the country in question which 
can reasonably be investigated.  
 
(3) In cases where the examination has been limited in accordance with paragraph 2 of this 
Article, an individual margin of dumping may nevertheless be determined for any exporter or 
producer not initially selected who submits the necessary information in time for that 
information to be considered, except where the number of exporters or producers is so large 
that individual examinations would be unduly burdensome to the competent authority and prevent the timely completion of the investigation,  in accordance with time limits prescribed by 
this Regulation. 
 (4) Any exporter whose goods are subject to a definitive countervailing duty but who was not 
actually investigated for reasons other than a refusal to cooperate, shall be entitled to a 
prompt review for the purpose of establishing an  individual countervailing duty rate for that 
exporter 
 
Examination of Accuracy of Information 
 
Article 30 
  
(1) If the interested person refuses access to, or  otherwise does not provide necessary information 
within a period determined in notification referred to in Article 26, paragraph 1, item 1 of this Regulation, the competent authority shall conduct the investigation on the basis of the facts 
available. 
 (2) When determining the amount of the normal va lue or the value of the subsidy, the competent 
authority may check information from other available sources, besides information referred to 
in paragraph 1 of this Article.  
 
Confidential Information 
 
Article 31 
 
(1) Any information received by the Competent Authority in accordance with the Law and this 
Regulation shall be used only for the purposes for which it has been requested. 
 
(2) Parties to the investigation proceedings providing confidential information must furnish 
non-confidential summary thereof, containing sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence. 
 
(3) Notwithstanding provisions of paragraph 2 of this Article parties to the investigation 
proceedings may indicate that such information is not susceptible of summary, in which case a statement of the reasons why summarization is not possible must be provided. 
 
(4) If the Competent Authority finds that a request for confidentiality is not warranted and if the 
supplier of the information is either unwilling to make the information public or to authorize its 
disclosure in generalized or summary form, such information may be disregarded unless it can 
be satisfactory demonstrated from appropriate sources that the information is correct. 
 
(5) A decision of the Competent Authority to reject  the request for the confidentiality must have a 
rationale.  
 G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  Disclosure of General Information 
 
Article 31 a) 
 
(1) Provisions of Article 8 of the Law and Articl e 31 of this Regulation shall not preclude the 
disclosure of general information by the Competent Authority and in particular of the reasons on which decisions taken pursuant the Law and this Regulation are based, or disclosure of the 
evidence relied on in so far as is necessary to explain those reasons in any court proceedings.  
 (2) In case of any disclosure referred to in paragraph 1 of this Article the Competent Authority 
shall not disclose confidential information or any other directly related information. 
 
Disclosure of Information to Partie s to the Investigation Proceedings 
 
Article 31 b) 
 
(1) Within the limits imposed by Article 8 of th e Law, the Competent Authority shall promptly 
make available evidence presented in writing by one party to other parties participating in the 
investigation proceedings. 
 (2) The Competent Authority shall whenever practica ble provide timely opportunities for all parties 
participating in the investigation proceedings to see all non-confidential summary information 
used by the Competent Authority in an investigation that is relevant to the presentation of their cases. 
 
Notification Before a Final Decision 
 
Article 32 
 The Competent Authority shall, not later than 30 days before final determination is made on the existence of dumping and/or subsidy, inform all interested persons of the essential facts under 
consideration which form the basis for the decision. 
 
Voluntary Undertakings 
 
Article 33 
 
(1) Where a preliminary affirmative determination of dumping or subsidization and consequent 
injury has been made, an investigation may be terminated without the imposition of provisional or definitive antidumping or countervailing duties upon acceptance of satisfactory voluntary undertakings by an interested person, approved by the Competent Authority, under 
which: 
 
1. In cases of dumped import the exporter concerned undertakes to raise its prices or to 
cease exports in question at dumped prices so that the Competent Authority is satisfied 
that the injurious effect of the dumping is eliminated in such manner. 
 
2. In cases of subsidized import: 
 the government of the country of export agrees to eliminate or limit the subsidy or 
take other measures concerning its effects; or 
 the exporter undertakes to raise its prices so that the Competent Authority is satisfied 
that the injurious effect of the subsidy is eliminated in such manner. 
 (2) Price increases under paragraph 1 shall not exceed an amount of dumping margin or the 
amount of subsidies respectively, but can be less, if such lesser increases would be adequate 
to remove the injury. 
 
(3) A voluntary undertaking may be suggested by the competent authority to the exporter. 
 (4) The fact that an exporter did not accept a voluntary undertaking shall in no way prejudice the 
consideration of the case. 
 G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  Continuation of the Investigation  
 
Article 34 
 
Despite the acceptance of undertakings, the investigation shall be continued if required by 
exporters or by decision of the Competent Authority. 
 
Imposition of Antidumping and/or Countervailing Duty 
 
Article 35 
 
(1) The decision on imposition of antidumping or  countervailing duties shall specify the type and 
the rate of the duty applicable, tariff line an d tariff code of the product, country of origin 
and/or country of export and duration of the application. 
 
(2) The decision referred to in paragraph 1 of this Article shall also specify any supplier or 
suppliers subject to the measure. 
 
(3) If a provisional duty referred to in Articl e 41 of the Law is applied, imposition of the 
antidumping and/or countervailing duty and/or pr oposal for determination of a definitive duty 
shall be made not later than 30 days before the time period for the application of the provisional duty elapses. 
 
(4) Anti-dumping or countervailing duties shall be imposed on an ad valorem basis simultaneously 
with the customs duties. 
 
(5) No product shall be subject to both anti-dumping and countervailing duties.  
(6) Any decision of the Competent Authority to impose antidumping or countervailing duties shall 
have a rationale, which shall provide all relevant information on matters of fact or law that have led to the imposition of measures, as well as the reasons for the acceptance or rejection of relevant arguments or claims made by parties participating in the proceedings. 
 
Notification on Expiry of Period of Application 
 
Article 36 
 Six months before the expiration of the period se t out for the application of anti-dumping and/or 
countervailing duties, a public notice of impending expiry shall be published in the "Official Gazette 
of the Republic of Montenegro".  
Determination of Origin of Goods 
 
Article 37 
 
While determining the origin of goods for the purposes of imposing antidumping and/or 
countervailing duties, the general non-preferential rules of origin shall apply.  
CHAPTER II 
  
SAFEGUARD MEASURES 
 
Threat of Serious Injury in the Case of Increased Imports 
 
Article 38 
 
"Threat of serious injury" shall mean serious injury that is clearly imminent based on the facts, 
that could not be avoided, and that is a consequence of increased imports.   G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  Determination of Serious Injury 
 
Article 39 
 
(1) Safeguard measures shall be imposed if it is determined in the investigation procedure that 
increased imports of a certain product have caused or are threatening to cause serious injury to a domestic industry. 
 
(2) In the investigation to determine whether the existence or threat of serious injury the 
competent authority shall evaluate all relevant factors, in particular: 
 
1. the rate and amount of the increase in imports of the product concerned in absolute and 
relative quantities and values with respect to domestic production and consumption 
2. prices of the imported goods, especially if there has been a significant decrease of the 
price compared to the price of competitive product 
3. impact to the domestic production expressed in the following: 
  change of share of the domestic market taken by increased imports 
 changes in the level of sales, production, productivity, capacity utilization, profits  and 
losses, and impact of the increased import s on employment in specific production 
activity; 
 the impact of import to the supply of the domestic market and the increased level of 
dependence from imports; 
 reduction of price of the same goods, equa lly competitive, or prevention of raise of 
prices that would normally occur; and 
 increase of supplies of the imported goods at the domestic market. 
 (3) Factors referred to in paragraph 1 of this Regulation must demonstrate the existence of the 
direct causal link between increased imports and the effect to domestic production. 
 
Content of a Decision to Initiate Proceedings 
 
Article 40 
 
Decision to initiate proceedings for determination of serious injury shall contain: 
 
1. date of initiation of the procedure 
2. data on goods under investigation 
3. designation of goods, as well as the list of exporting countries subject to investigation. 
 
Report on the State of  Domestic Industry 
 
Article 41 
 
(1) Based on the facts gathered and evidence obtained the competent authority shall prepare a 
report on the state of domestic industry, especially with respect whether the increased imports 
are causing serious injury or there is a threat thereof and proposal for possible imposition of 
safeguard measure, 
(2) The report referred to in paragraph 1 of this Article the competent authority shall submit to the 
government. 
(3) Provisions of Article 31 of this Regulation shall apply mutatis mutandis to the issue of 
confidentiality of information gathered in the investigation procedure. 
 
Termination of the Proceedings 
 
Article 42 
 
If on the basis of the conducted investigation procedure it is determined that there is no serious 
injury or threat thereof, the competent authority shall ex officio publish the decision on 
termination of the proceedings in the "Official  Gazette of the Republic of Montenegro". 
 G/ADP/N/1/MNE/1/Suppl.1 • G/SCM/N/1/MNE/1/Suppl.1 • G/SG/N/1/MNE/1/Suppl.1 
 
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  PART FOUR 
 
FINAL PROVISION 
 
Entering into Force 
 
Article 43 
 
This Regulation shall come into force on the eighth day from the day of its publishing in the "Official Gazette of the Republic of Montenegro".  
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