WORLD TRADE  
ORGANIZATION  G/ADP/N/1/NOR/4 
G/SCM/N/1/NOR/4 
G/SG/N/1/NOR/4 
2 June 2009 
 (09-2628) 
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 
 
NORWAY 
   The following communication, dated 5 May 2009, has been received from the Permanent Mission of Norway.   
 
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  Reference is made to the provisions of Ar ticles 18.5, 32.6 and 12.6 of the Anti-Dumping 
Agreement, the Agreement on Subsidies a nd Countervailing Measures and the Agreement on 
Safeguards, respectively.   
  Please find enclosed an unofficial translation of  the relevant elements of Norway's new Act 
on Customs Duties and Movement of Goods (Custo ms Act) of 21 December 2007 No. 119;  which 
entered into force as from 1 January 2009.  In case of  discrepancies, the original text in Norwegian 
prevails.   
 
[Provisions relevant to Trade Remedy Measures only] 
 
Chapter 10 Trade measures 
 
Section 10-1  Trade measures against dumpi ng (anti-dumping measures)  
 
(1) If the Ministry determines that dumping has taken place, and that the dumping causes or threatens to cause significant injury to an industry in the customs te rritory or significantly delays the 
establishment of such an industry, the King may, w ithin the limitations that follow from an agreement 
with a foreign state or an international organisa tion, or from international law, implement an anti-
dumping measure.  Such measure may also be implem ented at the request of a third country where the 
dumping causes or threatens to cause significant inju ry to an industry in that country.   
 (2) An anti-dumping measure in the form of a special anti-dumping duty shall not exceed the 
margin of dumping as calculated pursuant to section 10- 2.  An anti-dumping duty shall be ordered on 
the importation of any dumped goods that have cause d injury, except goods from suppliers who have 
given a price undertaking.  If possible, the order sh all identify the suppliers at whom the order is 
directed.   G/ADP/N/1/NOR/4 
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  (3) The anti-dumping measure shall remain in fo rce only as long as is necessary to counteract 
injury resulting from the dumping, and the measure sha ll be reduced if called for by a further review.  
Where there are reasons for doing so, the author ities shall on their own initiative or on request 
consider whether, after a certain period, it is necessary to uphold the measure.   
 (4) An anti-dumping measure may be implemented as a provisional measure. Such measure may be implemented no earlier than 60 days after a fo rmal investigation was initiated and announced.  A 
provisional measure shall last for as short a period as possible and no longer than four months.  Where 
exporters representing a significant share of the trad e concerned so request, the measure may last for 
up to six months.  The duration may be extended to respectively six and nine months should the 
investigation indicate that a customs duty less than the margin of dumping will be sufficient to ensure 
that no injury is caused.    
(5) An anti-dumping measure shall be removed at the latest five years from the date of its 
implementation, unless it is determined in a review that such removal would be likely to lead to a 
continuation or recurrence of the dumping and the injury.    (6) Legal action concerning the validity of a decision to implement an anti-dumping measure 
shall be heard in Oslo District Court as the court of  first instance.  The court shall see to it that such 
hearing is expedited.   
 (7) The Ministry shall announce the implementati on of anti-dumping measures in regulations.  If 
possible, the announcement shall identify the s uppliers encompassed by the measure.   
 
(8) The Ministry may make regulations concerning anti-dumping measures in pursuance of this 
section.    
Section 10-2  Definition of dumping  
 
(1) "Dumping" means the importation of goods:   
 
(a) at a price lower than the comparable pric e charged in the ordinary course of trade for 
like goods intended for consumption in the export country concerned, or 
(b) if no such domestic market price exists in the export country, at a price which is 
either:   
 
1. lower than the highest comparable price ch arged in the ordinary course of trade for 
like goods that are exported to any other country, or 
2. lower than the cost of production in the country of origin plus a reasonable amount 
for selling, general and administrative costs and for profits.   
 
(2) When prices are compared, account shall be  taken of differences in sales and delivery 
conditions, transport costs, taxation, and other factors of significance for comparison.    (3) The definition in subsection (1) may be de rogated from where the anti-dumping measure is 
implemented within rules of internati onal law permitting such derogation.   
 
Section 10-3  Trade measures against subsidies (countervailing measures)  
 
(1) If the Ministry determines that there exists direct or indirect subsidisation of goods that are exported to Norway, and that the subsidisation causes or threatens to cause significant injury, the King  G/ADP/N/1/NOR/4 
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  may, within the limitations that follow from an ag reement with a foreign state or an international 
organisation, or from international law,  implement a countervailing measure.   
 
(2) A countervailing measure in the form of a special countervailing customs duty may not 
exceed the subsidy that has been de termined, calculated per unit of the subsidised and exported goods.  
A decision pursuant to subsection (1) shall expl icitly explain the method of calculation in the 
individual case, and that method shall be in conform ity with the applicable contractual obligations.  A 
countervailing customs duty shall be  imposed on any subsidised goods that have caused injury, except 
goods from suppliers who have relinquished the s ubsidies concerned or who have given a price 
undertaking.    (3) The countervailing measure shall remain in force only as long as is necessary to counteract 
the injury caused by the subsidies.  The measure shall be reduced if called for by a further review.   
 
(4) A countervailing measure may be implemented as a provisional measure.  Such measure may 
be implemented no earlier than 60 days after a fo rmal investigation was initiated and announced.  A 
provisional measure may not last longer than 120 days.    (5) Legal action concerning the validity of a decision to implement a countervailing measure 
shall be heard in Oslo District Court as the court of  first instance.  The court shall see to it that such 
hearing is expedited.    (6) The Ministry shall announce the implementati on of countervailing measur es in regulations.  If 
possible, the announcement shall identify the s uppliers encompassed by the measure.   
 
(7) The Ministry may make regulations concerni ng trade measures pursuant to this section.   
 
Section 10-4  Definition of subsidies  
 
(1) A "subsidy" means a financial contribution from a public authority when a benefit is thereby 
conferred where:   
 
(a) a government practice involves a direct transfer of funds (grants, loans, equity infusion, etc.), or potential direct transfers of funds or liabilities (loan guarantees, etc.), (b) government revenue that is otherw ise due is forgone or not collected, 
(c) the government provides goods or services other than general infrastructure, or 
purchases goods, (d) the government makes payments to a fundi ng mechanism, or entrusts or directs a 
private body to carry out one or more of th e type of functions which would normally be 
vested in the government, and which are describe d under (a) to (c), and the practice differs in 
no real sense from practices normally followed by the government, 
(e) there is any form of income or price support which directly or indirectly causes 
increased exportation of goods.  
 (2) The definition in subsection (1) may be de rogated from provided the countervailing measure 
is implemented within rules of interna tional law permitting such derogation.   G/ADP/N/1/NOR/4 
G/SCM/N/1/NOR/4 G/SG/N/1/NOR/4 
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  Section 10-5  Safeguard measures and countermeasures  
 
(1) If the Ministry determines that, as a result of an unforeseen development, goods are being 
imported in such increased quantities and under such  conditions as to cause, or threaten to cause, 
serious injury to Norwegian producers of similar or competing goods, the King may within the limitations that follow from an agre ement with a foreign state or an international organisation, or from 
international law, implement a safeguard measure.    
(2) Investigations into whether there is reason to implement a safeguard measure or 
countermeasure pursuant to subsection (1) shall be  carried out as provided in section 12-8.  The 
investigating authorities may obtain in formation pursuant to section 12-5.   
 (3) A safeguard measure shall be applied only to the extent necessary to prevent or remedy 
serious injury and to facilitate nece ssary adjustments.  Such measure shall be implemented in the form 
of a special customs duty on the goods concerned irr espective of their origin, or in the form of 
quantitative restrictions which can be distributed su ch that affected countries are allotted a pro rata 
share.  A safeguard measure shall not be applied beyond a period of four years, unless it is again 
determined that the measure continues to be n ecessary.  A provisional safeguard measure of up to 
200 days' duration may be implemented.   
 
(4) The King may implement an agreement with another state regarding trade compensation for 
the adverse effects of a safeguard measure as mentioned in subsection (1).    (5) Where Norwegian producers are affected by a safeguard measure imposed by another 
country, the King may implement a countermeasure in the form of a rebalancing measure, including 
the suspension of customs duty concessions.    (6)  The conditions mentioned in subsections (1) and (2) may be derogated from provided the 
safeguard measure is implemented within rules of international law permitting such derogation. 
 
(7)  The Ministry shall announce the implementati on of any safeguard measure or countermeasure 
pursuant to this section in regulations.   (8)  The Ministry may make regulations concerning safeguard measures and countermeasures pursuant to this section. 
 
Chapter 12 Special administrative rules 
 
Section 12-5  Duty of disclosure in regard to cases relating to trade measures  
 
(1) Where consideration is given to implementi ng trade measures against certain types of goods 
pursuant to Chapter 10 of the Act, or to extendi ng measures which have already been implemented, 
the Ministry or whomever the Ministry empower s may obtain or cause to be obtained further 
information on prices, production, turnover, earnings and other circumstances concerning such or similar types of goods, both foreign and domestic.   
(2) A duty to disclose information as mentione d in subsection (1) rests on any person who 
imports, produces, processes or sells such goods.  A duty of disclosure also rests on:    
(a) authorities responsible for overseeing compliance with the provisions of the competition legislation, and  G/ADP/N/1/NOR/4 
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  (b) authorities responsible for regulation an d control of the movement of goods.   
 (3) Parties subject to the duty of disclosure pursuant to subsections (1) and (2) may communicate 
information notwithstanding the duty of confidentiality otherwise resting on them.  Nor does the duty 
of confidentiality prevent accounting material, books and documents in the possession of such 
authorities from being inspected pursuant to section 13-4.    (4) The Ministry may make regulations concerning investigatory powers and duty of disclosure 
pursuant to this section.   
  
Section 12-6  Investigation, etc. in anti-dumping cases  
 (1) Complaints against dumped imports shall be directed to the Ministry, and shall be 
accompanied by necessary evidence.  A decision to impose an anti-dumping measure or provisional measure shall only be taken after a prior formal in vestigation.  The opening and closing of such 
investigation shall be announced by the Ministry, and affected parties shall be informed.  The 
Ministry may, as a step in preparing a case, obtai n advice from a specially appointed committee, and 
entrust to other supervisory or control aut horities to carry out an investigation.   
 
(2) The investigation shall be halted immediately if there is insufficient evid ence, if the margin of 
dumping is minimal or the volume is insignificant.  The affected parties shall be made aware of the 
information presented, and be gi ven an opportunity to present any further evidence that may be 
relevant.  The investigation shall ordinarily be brou ght to a close within one year and at all events 
within 18 months of its commencement.   
 (3) Information turned over to the investiga ting authorities under conditions of confidentiality 
shall be treated accordingly except as otherwise provided by law.    (4) The Ministry may make regulations concerning administrative procedure in dumping cases 
pursuant to this section, including in regard to i nvestigation procedures, no tification, announcement 
and implementation of decisions concerning anti-du mping measures and in regard to payment and 
repayment.    
Section 12-7  Investigation, etc. in subsidy cases  
 
(1) Complaints against subsidised imports sha ll be directed to the Ministry, and shall be 
accompanied by necessary evidence.  A decision to  impose a countervailing measure or provisional 
measure shall only be taken after a prior formal in vestigation.  The opening and closing of such 
investigation shall be announced by the Ministry, and affected parties shall be informed.  The 
Ministry may, as a step in preparing a case, obtai n advice from a specially appointed committee, and 
entrust to other supervisory or control aut horities to carry out an investigation.   
 (2) The investigation shall be halted immediately if  there is insufficient ev idence, if the subsidy 
share is minimal or the volume is insignificant.  The affected parties shall be made aware of the 
information presented, and be gi ven an opportunity to present any further evidence that may be 
relevant.  The investigation shall ordinarily be brou ght to a close within one year and at all events 
within 18 months of its commencement.   G/ADP/N/1/NOR/4 
G/SCM/N/1/NOR/4 G/SG/N/1/NOR/4 
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  (3) Information turned over to the investiga ting authorities under conditions of confidentiality 
shall be treated accordingly except as otherwise provided by law.    
(4) The Ministry may make regulations concerning administrative procedure in subsidy cases 
pursuant to this section, including in regard to i nvestigation procedures, no tification, announcement 
and implementation of decisions concerning counter vailing measures and in regard to payment and 
repayment.    Section 12-8  Investigation, etc. in cases relating to safeguard measures  
 
(1) A safeguard measure may only be implemente d after a prior formal investigation.  The 
opening and closing of such investig ation shall be announced by the Ministry, and the same applies to 
the implementation of the safeguard measure and to information on the scope and period of the 
measure.  At least two days shall elapse be tween the announcement and implementation.   
 (2) The Ministry may, as a step in prepari ng a case, obtain advice from a specially appointed 
committee, and entrust to other supervisory or cont rol authorities to carry out an investigation.   
 (3) Information turned over to the investiga ting authorities under conditions of confidentiality 
shall be treated accordingly except as otherwise provided by law.   
 (4) The Ministry may make regulations concerni ng investigation and administrative procedure in 
cases relating to safeguard measures pursuant to this  section, including in regard to investigation 
procedures, notification, announcement and implem entation of decisions concerning measures and in 
regard to payment and repayment.   
 
Chapter 13 General provisions regarding customs control 
 
Section 13-4 Control of documents, etc. 
 (1) In order to verify the accuracy and authenticit y of documents, statements or other information 
which there is a duty to give pursuant to this Ac t, the customs authorities or such authority as the 
Ministry decides may conduct or cause to be conducted a search of any business premises that are 
wholly or partly at the disposal of the person who has a duty to give the info rmation.  Searching the 
business archives, the customs authorities can copy material to an electronic storage medium, for 
subsequent examination of the material either at the business premises or at the office of the customs 
authorities.  The person who has a duty to give  information shall on demand and without delay 
provide access to, present, hand over or send in an y accounting record, accounting material, contract, 
correspondence, board minute or minute of procee dings, or other documents of significance for 
inspection, including electronic documents.  Th e duty also includes electronic programmes and 
programme systems.  The customs authorities may also take for examination any necessary samples 
of goods. Such samples may be taken without payment.   
 (2) If necessary, the police may be called on to assist in the obtaining of accounting material, 
books, documents, goods, etc.    
(3) Subsections (1) and (2) apply correspondingly to the importer, exporter or producer for the 
purpose of verifying the accuracy of any invoice, cer tificate of origin or other special identification 
document.   G/ADP/N/1/NOR/4 
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  (4) If the Office of the Auditor General so demands, any person who has a duty to give 
information shall without delay pr oduce documents and statements th at confirm data transmitted by 
electronic means.   
 
(5) The Ministry may make regulations concerni ng the customs authorities' control pursuant to 
this section.   
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