WORLD TRADE  
ORGANIZATION  G/ADP/Q1/HRV/7 
G/SCM/Q1/HRV/7 11April 2005 
 
(05-1484) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to Questions Posed by the UNITED STATES1 
Regarding the Notification of CROATIA2 
   The following communication, dated 6 April 2005, is being circulated at the request of the Delegation of Croatia. 
 
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Q1. Croatia’s notified regulations state that  notices and decisions regarding anti-dumping 
and countervailing duty investigations will be published in the “Official Gazette”.  Is this 
publication available on the internet?  If so, please provide the internet address. 
 
A1.
 Regulation on procedure and method of de termination of antidumping and countervailing 
duty was published in the Official Gazette  No. 139/2004.  The Internet address is www.nn.hr . 
 
Q2. Please explain how Croatia’s notified regul ations implement the requirements of Article 
6 of the Agreement on Implementation of Articl e VI of the General Agreement on Tariffs and 
Trade 1994 (ADA) and Article 12 of the Agreement on Subsidies and Countervailing Measures (ASCM) with regard to the treatment of co nfidential information and provision of  
non-confidential summaries.  
A2.
 Treatment of confidential information and pr ovision of non-confidential summaries will be 
dealt in accordance with the relevant WTO provisions. 
 
Q3. As described in Article 13 of the ADA and Article 23 of the ASCM “[e]ach Member whose national legislation contains provisions on anti-dumping measures shall maintain 
judicial, arbitral or administrative tr ibunals or procedures for the purpose, inter alia , of the 
prompt review of administrative actions relat ing to final determinations and reviews of 
determinations within the meaning of Article 11.”  Does Croatia currently have such tribunals or procedures for review of antidumping and co untervailing duty determinations?  If so, please 
describe the steps parties must take to re quest judicial review of antidumping and 
countervailing duty determinations, and the steps Croatia has taken to ensure the independence 
of the relevant tribunals or procedures from the authorities responsible for such determinations.   
                                                     
 
1 G/ADP/Q1/HRV/5 - G/SCM/Q1/HRV/5 
2 G/ADP/N/1/HRV/2- G/SCM/N/1/HRV/2 G/ADP/Q1/HRV/7 
G/SCM/Q1/HRV/7 Page 2 
 
 
 A3
. With respect to the fact that anti-dumping is implemented by Government’s decision the 
possibility of complaint is not foreseen, however the Republic of Croatia has the Administrative Court 
as the independent state court.  The court’s contro l of legality of certain administrative acts is a 
constitutional category, since such protection is  provided by Article 19, Paragraph 2 of the 
Constitution of the Republic of Croatia.  The Court, in  the first place, controls the legality of certain 
administrative acts in administrative procedure providi ng thus for legal protection of citizens and legal 
entities and for protection of legality of state administrative bodies with public authorities.  
Consequently the basic task of the Administrative Court of the Republic of Croatia is assessment of 
legality of final administrative acts, not excluding th e decisions of this court in full jurisdiction 
procedures.  The decisions in the full jurisdiction procedures depends on the status of the acts, and 
consequently the Court’s Councils pass such deci sions in cases in which the facts are fully and 
regularly established.  Apart of this, the Court deci des in procedures related to requests for protection 
of human rights and freedom, guaranteed pursuant to the Constitution.   
 The decisions of the Administrative Court of the Republic of Croatia are obligatory for the 
state administrative bodies and bodies with public au thorities.  The competent body is bound by the 
legal interpretation of the Court and comments re garding the procedure.  In the amendment of 
regulations the Court gives legal interpretation, wh ich is particularly important in case of legal 
insufficiency, unclear law or not compliance of severa l laws.  The legal interpretation and the order of 
the Court in which direction the procedure should be directed are obligatory for the state 
administrative bodies and bodies with public aut horities, and they are obliged to proceed in 
accordance with the court’s decisions  in which the complaints are adopted and the acts of these bodies 
denied.  
Q4. Article 31 of the notified regulations st ates that “[d]uring the investigation all the 
interested parties shall have the opportunity to  defend their own interests by presenting the 
opposing views and offering rebuttal argument s.”  What steps will Croatia’s implementing 
authority take to ensure that all intereste d parties are provided timely access to all non-
confidential information that is relevant to th e presentation of their cases, as specified in 
Article 6.4 of the ADA and Article 12.3 of the ASCM? 
 A4.
 Croatian implementing authority shall provide all interested parties with all relevant 
information for the presentation of their cases that is not confidential, and that is used in an AD 
investigation in a timely and transparent manner,  as specified in the Article 6.4 of the ADA and 
Article 12.3 of the ASCM. 
 
Q5. Article 38 of the notified regulations provi des that, where the large number of producers 
or exporters makes it impracticable to det ermine an individual countervailing duty rate for 
each known producer or exporter, the Ministry may conduct a limited investigation based on a 
statistically representative sample group of producers or exporters.  With regard to any 
exporter or producer subject to the countervailing duties but not actually investigated in the 
course of such a limited investigation, plea se clarify whether the Regulation provides the 
opportunity for a subsequent expedited revie w to establish an individual countervailing duty 
rate, as required under Article 19.3 of the ASCM.  Is such an opportunity being provided under the “summary procedure” described under Article 43 of the regulations?  
A5
. Yes, these provisions are covered by Article 43 of the Directive. 
 Q6. Article 3.2 of the ADA and Article 15.2 of the ASCM state that in examining price effects, authorities should consider whether there is price undercutting by the dumped or 
subsidized imports as compared with the like produc t, or whether the effect of the imports is to 
depress prices to a significant degree or to prev ent price increases to a significant degree.    G/ADP/Q1/HRV/7 
 G/SCM/Q1/HRV/7 
 Page 3 
 
 
  (a) Article 25 of the notified regulations states that the Croatian authority should 
examine restriction of price increases in its analysis, but does not require that these restrictions be significant.  How is this consistent with Article 3.2 of the ADA and Article 15.2 of the ASCM? 
 
 (b) Article 25 of the notified regulations  does not require consideration of whether 
there is significant price depression.  How is this consistent with Article 3.2 of the ADA and Article 15.2 of the ASCM? 
 
A6.
 In absence of specific provisions in Croatian legislation, Croatia will comply with ADA and 
ASCM regulations.  
 
Q7. Article 3.7 of the ADA and Article 15.7 of the ASCM state that, in analyzing threat of material injury, authorities must determine th at further dumped or subsidized imports “are 
imminent, and, unless prohibitive action is take n, material injury would occur”.  How does 
Croatia implement this requirement, which is not reflected in Article 27 of the notified regulations? 
 
A7.
 Croatia shall comply with regulations pursuant  to Article 3.7 of the ADA and Article 15.7 of 
ASCM. 
 
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