WORLD TRADE  
ORGANIZATION  G/ADP/N/1/ALB/2/Rev.1
G/SCM/N/1/ALB/2/Rev.1 8 May 2008 
 
(08-2179) 
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 
 
ALBANIA 
 
Revision  
   The following communication, dated 25 April 2008,  is being circulated at the request of the 
Delegation of Albania. 
 
_______________ 
 
  In the light of technical adjustments made in the English translation, Albania hereby notifies 
the revised version of the Law Nr. 9796, dated 23.07.2007.   
 G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 2 
 
 
  REPUBLIC OF ALBANIA 
PARLIAMENT 
 
L A W 
 
No. 9796, dated 23.7.2007 
 
On Antidumping and Countervailing Measures 
  Pursuant to Articles 78, 83, point 1 and 121 of the Constitution, upon the proposal of the 
Council of Ministers,   
PARLIAMENT 
OF REPUBLIC OF ALBANIA 
 
DECIDED:   
 
CHAPTER I 
 
GENERAL PROVISIONS 
 
 
Article 1 
Aim 
 
This law provides the rules of procedur es and conditions of determination and 
implementation of the antidumping and countervaili ng measures, for the protection of the domestic 
industry and production, where they are injured and retarded by the unfair practices of international 
trade, by dumped or subsidised imports.    
Article 2 
Definitions 
 
 In this law, the following terms have the following meanings:    1. "Export price" is the price paid or payable for the product, where it is sold for export by the 
exporting country in the Republic of Albania.   
 2. "Injury" is the material injury, which is caused to the Albanian industry, the threat of material 
injury or material retardation of Albanian industry.    3. "Ministry" is the ministry covering the field of  trade, in charge of the implementation of this 
law.   
 4. "Investigation" is the process of examinati on to determine the presence, scale and effect of 
dumped or subsidised imports.    
5. "Albanian industry" refers to the Albanian producers as a whole of the like products or to 
those of them, whose collective product constitu tes the major proportion of the total domestic 
production of those products.     G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 3 
 
 
  6. "Commission for evaluation of measures on imports", hereunder "commission", is the 
National collegial authority determining the antidumping or countervailing measures.    7. "Dumping margin" is the difference between the export price and the normal value, in a 
comparable basis, in accordance with the provisions of this law.   
 8. "Interested parties" are:     a) foreign exporters or producers of the product under investigation;   
 b) importers of the produc t under investigation;   
 c) associations of business or trade, the majority of members of which are producers, 
exporters or importers of the product under investigation;   
 ç) governments of exporting countries;    d) Albanian producers of the like product;   
 dh) associations of business or trade, the ma jority of the members of which produce the 
domestic like product.   
 9. "Like product" is a product which is identical , with the product under the investigation or, at 
absence of such a product, another product which, h as very similar characteristics to those of the 
product under the investigation.   
 
10. "Product under investigation" is the product,  subject to investigation for antidumping or 
countervailing measures, as it is explained in the information for initiation of investigation.   
 11. "Related producers" are the Albanian producers,  related to the exporte rs or importers, where 
one of them, directly or indirectly, controls the ot her, or both of them are controlled, directly or 
indirectly, by a third person, or where both of them control directly or indirectly, a third person.   
 12. "Subsidy" is the financial contribution, direct  or indirect, provided by the Government in the 
exporting country or country of origin, providing a benefit as it has been provided in Article XVI of GATT, 1994.   
 
13. "Subsidy amount" is the financia l contribution, direct or indirect, preserved by the country or 
origin or exporting country for the manufacturi ng, production, exporting or transporting the product 
sold for export, or the total benefits, in the form of income or price subsidy, as it has been provided 
for in Article XVI of GATT, 1994.   
 
14. "Country" is every state or customs territory, being or not member of World Trade Organisation.    15. "Normal value" is the comparable, paid or pa yable price, from independent buyers, of the like 
product, in the ordinary course of trade, for the like product when destined for consumption in the 
exporting country II.   
 
DETERMINATION OF DUMPING 
 
Article 3  
General principles 
 
1. Antidumping measure shall apply to any product, subject to dumping, the import of which into 
the Republic of Albania causes in jury or threaten cause injury the domestic industry.   G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 4 
 
 
  2. Dumping exists where the export price of pr oduct, subject to dumping, exported into the 
Republic of Albania, is lower than the compar able price for the like product, determined for 
consumption, in the ordinary course of trade in the exporting country.    
3. The exporting country is usually the country of origin.  However, exporting country can also be 
an intermediary country, unless the product passes tr ansit through the intermediary country or it has 
been manufactured in the intermediary co untry and has a price in this country.   
 
Article 4 
Normal value 
 
1. To the effect of determining dumping, the Ministry determines the normal value of the 
product.  The normal value of the product shall, where the exporter in the exporting country does not 
produce or sell a like product, be determined based on the prices of producers or other sellers.  At the 
same time, the prices among the parties, which seem to be related or have a compensatory agreement 
with each other, shall be treated as being under abno rmal conditions of trading and shall not be used 
for determining the normal value, as long as it ha s not been established that these prices are not 
impacted by these relations.    2. As sufficient quantity of the like products in the internal market of the exporting country for 
the determination of the normal value shall be consid ered the quantity of 5 per cent or more of the 
sales in the Republic of Albania.  However, there can be taken into account al so a smaller quantity of 
sales, where it is established that this quan tity is sufficient for a precise comparison.   
 3. The normal value of the product under inves tigation, where, under the normal conditions of 
trading in the internal market of exporting country, there are no sales of the like product, or where, 
due to the specific situation of the market or low volume of the sales in the internal market of the 
exporting country, such sales do not allow a prec ise comparison, there shall be determined a 
representative value, in the ordinary course of trad e , where it is exported to a third country.   
 4. The normal value shall be calculated based on the cost of production in the country of origin 
plus the value determined in point 2 of Article 6 of this law, for the total administrative cost and of a 
reasonable profit, in accordance with the international accounting rules.    
Article 5 
Treatment of sales below cost, as sales under not  
ordinary course of trade 
 
 In determining the normal value, the Ministry  takes into account the sales in the ordinary 
course of trade.  The sales of the like product in the internal market of the exporting country or sales 
in a third country, with a lower price than the total co st for production unit, shall, due to the price, be 
treated as sales not in the ordinary course of trade and they shall not be taken into account in 
determining the normal value, unless the ministry determines that:   
  a) such sales have been done for a determin ed period of time (normally one year, but in 
no case less than six months);   
 b) such sales are done in considerable quantities;   
 c) weighted average of the sales price of  the transaction under consideration is lower 
that the weighted average of costs per unit or volume of sales under cost per unit consists not less than 20 per cent of the sold volume of transaction;   
ç) such sales are done with prices which do not cover all the costs within a certain 
period of time.    G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 5 
 
 
  If the prices under the cost per unit are, at the time of sales, above the weighted average of the 
cost per unit during the investigation period, the mi nistry calculates that these prices allow the cover 
of costs within a reasonable period of time.   
 
Article 6  
Calculation of costs taken into account in  
determining the normal value 
 
1. The ministry shall, normally, calculate two kinds of costs based on the data from the exporter 
or producer under investigation and from the injure d entity/ies, having filed complaints, provided that 
the data be in compliance with the general pr inciples of accounting in the exporting country and 
reflect, reasonably, the costs related to the product an d to the sales of the product under investigation.   
 2. The amounts for selling, for general and ad ministrative costs and for profits shall be 
calculated based on the data in the moment of co st calculation.  These amounts are related to the 
production and sales in the ordinary course of trade of the like product by the exporter or producer under investigation.  When such amounts can not be determined on this basis, the amounts may be determined on the basis of:     a) weighted average of the actual amounts de termined for other exporters or producers, 
being subject to investigation, manufac turing and selling the like product in the 
domestic market of the country of origin;   
 b) actual amounts, applicable for the production and sale, in the ordinary course of trade, 
of the same general category of products, fo r the exporter or producer in question, in 
the domestic market of country of origin;   
 c) any other reasonable method, providing that the amount for profit shall not exceed the 
profit achieved normally by other exporters or  producers, in the course of the sales of 
products of the same general category, in  the domestic market of the country of 
origin.   
 3. If one of the parties has claims with regard to calculating the cost, done by the ministry, it 
can, with its own expenses, request an independent expert to re-calcu late the cost, after getting the 
approval of all participating parties in the process.    
Article 7 
Export price 
 
1. The ministry shall, beside of the normal value,  determine also the export price, in the sense of 
point 1, Article 2, of this law.    2. The ministry shall, where there is no export pr ice or this price is evaluated as not accurate, 
due to a compensatory agreement between the exporte r and the importer or a third party, calculates 
the price in accordance with the following criteria:   
  a) on the basis of the price at which the imported products are first resold to an 
independent buyer,  
 b) on any reasonable basis, if the products are not resold to an independent buyer or are 
not resold in the condition in which they were imported.   
  In these cases, the export price shall be calculated on basis of all costs, including duties and 
taxes and for profits, incurred be tween importation and resale.   
 G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 6 
 
 
   In this framework, there shall be taken into account such items of cost, as:   
 i) usual transport, insurance, handling, lo ading and ancillary costs; customs duties;  
 ii) customs duty, every anti-dumping duty, other taxes and additional fiscal duties;   
 iii) and a reasonable margin for selling, general and administrative costs and profit.   
 
Article 8 
Comparison of normal value to export price 
 
1. In order that, the normal value and the expor t price be comparable, the comparison should be 
done at the same level of trade, normally at the ex-factory level.  In the course of comparison, due 
account has to be taken of the physical characteristics of the product, quantity and terms of sales, made at that time or as nearly as possible to that time, as well as other differences which affect the 
comparison.    
2. If the normal value and the export price are not comparable, they shall, based on the factors 
determined in point 1 of this Article, be adjusted  and regulated, taking into account the differences in 
factors, for which it is claimed, and demonstrated to affect prices and price comparability.  The factors, for which adjustments can be made are listed as follows:     a) physical characteristics.  The differences  in the physical characteristics of the product 
have to be done taking into account the fact how these differences have an impact on 
the market price in the country of origin or in the country it has been exported from.  Where the data pertaining to the price of country of origin are missing, or the data are not appropriate for a precise comparison, the calculation shall rely on the differences 
in the physical characteristics and the extent of adjustment has to be proportional to a 
reasonable evaluation of the market value of the difference;   
 b) import duties and indirect taxes.  Adjustment of changes in import duties and indirect 
duties have to take into account that the product has been imported into the Republic of Albania and as such, some of the import du ties and indirect taxes, payable for this 
product or material/s used in it, where they are for consumption in the country of origin or exporting country, are not appli cable and these taxes can be reimbursed.  
The extent of adjustment has to be proportional to the import duty and/or indirect tax;   
 c) discounts, rebates and quantities.  The adjustment for differences in discounts and 
rebates has to include even the regulations for the differences in quantity, as long as 
these are quantities determined appropriately and are related directly to the sales in 
question;   
 ç) level of trade.  The adjustment of di fferences in the level of trade, including every 
difference which might come up during the sale, shall be done, where, depending from the distribution network in both markets,  it is indicated that the export price, 
including an constructed export price, is at  a different trading level from that of the 
normal value and that the change has had an impact on the comparability of the price, 
which has come up due to evident and conti nuous changes in the price of seller, for 
the different levels of the trad e in the market of the country  of origin.  The adjustment 
extent shall be based on the value of the difference market;   
 d) cost of transport, insurance, trading, an d loading and ancillary costs.  The adjustment 
shall be done for the differences in the direc tly related costs, incurring in the course 
of transport of the product in question from the buildings of the exporter to an 
independent purchaser, where such costs have been included in the established prices.  
These costs shall include the cost of trans port, insurance, trading loading-unloading 
and ancillary costs.   
 dh) packing.  The adjustment shall be done for the differences in the cost of packing, 
related directly t the product in question.    G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 7 
 
 
   e) credits.  The adjustment shall be done fo r the changes in the co st of a credit granted 
for the sales in question, as long as it is a f actor which has been taken into account in 
determining the set out prices;   
 ë) post-sale costs.  The adju stment shall be done for the ch anges in the direct cost of 
ensuring the guarantees, pawns, assistance a nd technical services, as they have been 
provided for in the law and/or in the sales contract;   
f) commissions.  The adjustment shall be done for the differences in the commissions 
paid for the sales in question.   
 g) currency exchange.  Where the comparis on requires the exchange of currency, such 
an exchange shall take place using the official  exchange rate on the date of sales.  The 
date of sales is the date of bill, but there can  be taken also the data of contract, order 
of purchase, confirmation of order, as long as there have been determined clearly the material conditions of the sale.  The fluctu ations in the exchange rate shall not be 
taken into account and the exporters shall be  left, at least, 60 days time for regulating 
their export prices and to reflect the movements brought about in the exchange rate 
during the investigation period.   
 
Article 9 
Margin of dumping 
 1. The margin of dumping implies the percenta ge where the normal value is higher than the 
export price.    2. The value of margin of dumping shall be determined comparing the weighted average of normal values to the weighted average of the prices of export in all the transactions, or comparing, for 
every transaction, the normal individual value to the individual price of export.   
  The value of dumping margin, determined on th e basis of the weighted average, can be 
compared to all the prices of the individual transactio ns of the export, even if there is a list of export 
prices from buyers, regions or different time periods and where the methods determined in this point 
do not reflect the complete level of practiced dumping.   
 
 If the margin of dumping is variable, the wei ghted average of all the calculated margins can 
be applied.     
CHAPTER III 
DETERMINATION OF SUBSIDY 
 
Article 10 
General principle  
  The countervailing measure shall be imposed towards a specific subs idy for the products 
imported into the Albanian market, causing injury or  threat to injury to the domestic industry.   
 
Article 11 
Determination of subsidy  
 
 For the propose of this law, there is subsidy, if:     a) there is financial contribution by the government or another state authority in the 
territory of a country, where the Government:   G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 8 
 
 
   i) makes public payments, with the conse quence of direct transfer of funds as 
credit, aid, loan, capital entry, eventual di rect transfers of funds or guarantees on the 
loans;   
 ii) revenue that is otherwise due is fo regone or not collected as  fiscal incentives 
such as tax credits in accordance with the pr ovisions of Article XVI of GATT, 1994;   
 iii) provides different goods or services from the general infrastructure or 
purchases goods;   
 iv) makes payments into a financing m echanism or tasks or orders a private 
entity to perform one or many of the functi ons mentioned in sub-paragraphs "i", "ii" 
and "iii" above, which normally belongs to  the Government and the practice, in no 
real sense, differs from practices normally followed by government.   
  b) there exists any form of income or pr ice support, in accordance with Article XVI of 
GATT, 1994;   
 c) a benefit is thereby conferred.   
  The exemption of an exported pr oduct from the liabilities or taxa tion, as long as the product is 
for consumption in the internal market, or exem ption from import duties or taxes does not exceed the 
limits of payable liabilities, shall not be evaluated as subsidy.   
 
Article 12 
Specific subsidies 
 
1. The subsidies are subject to the implementa tion of the countervailing measures only if they 
are specific.  The subsidy is specific for an enterp rise or industry or for a group of them, which later 
are defined as "specific enterprises", where the aut hority determining it, or the legislation, based on 
which this authority acts, restricts clearly the possibi lity of their acquisition from certain enterprises.   
 2. The subsidy is not specific if the authority or  the legislation, based on which this authority 
acts, establishes criteria or objective conditions, wh ich discipline the performance of obligation or 
amount, provided that the obligation be imminent and these criteria and conditions are abided by 
strictly.   
 
Criteria or objective conditions are the criteria and conditions which are impartial, not 
favouring certain enterprises and which are of  an economic nature and with horizontal 
implementation, as is the number of employees or size of enterprise.  The criteria or the objective 
conditions have to be e xplained in detail in law or/and in ot her official documents, which may be 
verified.    
Where is considered that there is a specifi c subsidy, despite the non-existence of the 
specification mentioned in the above paragraph, th ere can be taken into account another factor, for 
e.g., the use of a program of subsidies by a limit ed number of enterprises, evident productivity of 
certain enterprises, granting of subsidies beyond the limits which are evaluated high for certain 
enterprises, way how the granting au thority has exercised its power to  make the decision for the cases 
of the refusal or approval of the requests for subsidy and grounding of decisions.    3. There shall be evaluated as specific the lim ited subsidy for certain enterprises, located in a 
certain geographical zone, within the jurisdiction of the granting authority.   
 
Imposing or changing the level of taxes of ge neral applicability by every level of public 
administration, which has this power, shall not be evaluated specific subsidy for the purposes of this 
law.    G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 9 
 
 
  4. Regardless of the provisions of point 1 and 2, there shall be evaluated specific the following 
subsidies:    
a) conditioned subsidies, in law or fact, havi ng an impact on the performance of exports.   
 
There shall be evaluated conditioned subsidy ha ving an impact on the performance of exports, 
where it is established that the granting of such a subsidy, although it has not become legally conditioned having an impact on the performance of the exports, actually turns out related to the 
benefits from the present or expected exports.   
 
b) conditioned subsidies, having an impact  on the use of domestic products to the 
imported ones.   
 5. The determination of the specification, accordi ng to the provisions of this article, has to be 
clearly established, based on positive data.   
 
Article 13 
Calculation of amount of countervailing subsidy  
 
1. The amount of countervailing subsidy has to be  calculated in accordance with the benefit, 
which has been granted to the beneficiary of subsidy.   
 2. The investigation period shall be the last year  of keeping the accounts by the beneficiary, but 
it can also be a period of at least 6 months period to  the initiation of investigation, for which there are 
reliable financial data.   
 
Article 14 
Calculation of the benefit for beneficiary of subsidy 
 
 In calculating the benefit of the beneficiary of the subsidy, there shall be applied the 
following rules:   
 
 a) purchase of the shareholder capital by the Government shall not be evaluated to bring 
any benefit, but only if the investment, in the territory of the country of origin and/or exporting country, is not in accordance with the ordinary practice of investment (including the risk value of the share holder capital);   
 b) a loan from the Government shall not be evaluated to bring any benefit, but only if 
there exists a difference between the amount , which the debtor company pays on the 
governmental loan and the amount it would pay for a comparable commercial loan, 
which it could get in the market.  In this  case, the benefit would be the difference 
between the two amounts.   
 c) the guarantee of the loan shall be consid ered to bring any benefit, but only if there 
exists a difference between the amount that  the company, benefiting the guarantee, 
pays on the loan guaranteed by the Government and the amount it would pay for a comparable commercial loan, in absence of the governmental guarantee.  In this case, 
the benefit would be the difference between the two amounts, regulated for any difference in payments;   
 ç) sale or purchase of goods and offering of services by the Government shall not be 
evaluated to bring benefits, but only if they  have been done under the market price or 
where the purchase has been done for more than  the market price.  The market price 
shall be determined based on the circumst ances of the existing market for the product G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 10 
 
 
  or service in question, at the place of sale or purchase, along with the price, quality, 
validity, marketability, transport and other conditions of purchase or sale.   
 
Article 15  
General principles of calculation 
 
1. The amount of the countervailing subsidies sha ll be calculated per unit of subsidised product, 
exported into the Republic of Albania.    
2. Out of the calculation of this amount, there can be deducted:   
  a) tax of application and new expenses,  necessary to ensure the subsidy;   
 b) export duties, taxes or other payments, which are deducted from this product exported 
into the Republic of Albania, which, speci fically, aim at compensating the subsidy.   
 
3. The subject, which is requesting for the deduc tion, should be convincing, in his request.   
 4. Where the subsidy is not granted proportional to the produced, exported or transported quantity, the amount of countervailing subsidy shall be determined spreading evenly the total amount 
of subsidy, according to the production, sales or ex porting level of the products in question, for the 
period being subject to investigation for subsidies.   
 5. Where the subsidy leads to the current or expected sale of a tangible asset, the amount of countervailing subsidies shall be calculated spread ing the latter for a period coinciding with the 
normal period of depreciation of this tangible asset in the sector in question.  The amount calculated 
in this way shall be imposed on the investiga tion period, taking into account that the amount 
stemming from the tangible assets, insured prior to this  period, shall be spread as it has been provided 
for in point 4 of this Article.    
Where the assets are non-depreciable, the subsidy sh all be evaluated as a loan without interest 
and it shall be dealt with in accordance with provisi ons of letter "b" of Article 14 of this law.   
 
Article 16 
Methods of calculating the subsidy amount 
 
1. The amount for subsidising a foreign producer or exporter for the product under investigation 
shall be calculated for every investigated subsidy or program for subsidy, in accordance with point 2 
of this Article.  The total of these amounts for subsid y or subsidy program shall be the total amount of 
subsidising the producer or e xporter of this product.   
 2. The commission shall, in calculating the am ount of subsidy of some foreign producers or 
exporters of the product under investigation, from  a subsidy or program of a certain subsidy, 
determine:   
  a) in the first phase, the total amount of th e subsidy to the producer or exporter from a 
subsidy or program of a certain subsidy, as we ll as the date of acquiring the subsidy;   
 b) in the second phase, that part of the total amount of the subsidy, which shall be 
imposed on the period of the investigation of subsidy;   
 c) in the third phase, the total amount of sales (during the period of investigation of 
subsidy) of the foreign producer or exporter, to which there shall be attributed the period of investigation of subsidy.   
  G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 11 
 
 
  Article 17 
Calculation of the amount of specific subsidy 
 
1. The commission shall, normally, determine an  amount of specific subsidy for each foreign 
producer, or exporter known, operating with  the product under investigation.   
 2. The commission can, despite the provision contai ned in point 1 of this Article, where the 
number of the exporters, producers and importers interested of types of products is very high, limit the 
investigation to a number of interested parties or products under investigation,  using statistically valid 
examples, based on the data available at the time of selection, or up to the highest percentage or the 
region of export from that country, which can, reasonably, be investigated.    3. Every selection from the exporters, producers, in terested importers of the kinds of products, 
done in accordance with point 2 of this Article, shall be done following the consultations with 
exporters, producers or importers.   
 4. Where the commission restricts the investiga tion in accordance with points 2 and 3 of this 
Article, it determines an amount of specific subs idy for each foreign, known producer or exporter, 
who submits voluntarily and in time the necessar y documents, which shall be taken into account 
during the investigation.  Regardless of the previous acknowledgement, where the number of 
exporters or producers is considerable, so that the specific investigation would be an overload for the 
commission, it can refuse determining the measures of specific subsidies, based on such responses 
and it can restrict the investigation only to exporters and producers.     
CHAPTER IV 
EVALUATION OF INJURY CAUSED BY DUMPING 
OR SUBSIDY AND CASUAL LINK 
 
Article 18 
Determination of injury 
 1. There shall be determined injury or threat to injury from the dumped or subsidised imports, 
not only where it, directly, causes in jury to the domestic industry, but also where it causes the evident 
slowdown of the development or retardati on the establishment of such industry.   
 
2. The determination of injury shall be b ased on the data of industry and includes the 
examination of the following elements:    
a) volume of dumped or subsidised imports, specifically if this volume has increased in 
absolute or relative terms compared to th e production or consumption in the Republic 
of Albania;   
b) quantity of dumped or subsidised goods , compared to the market needs of the 
importing country for these goods;   
c) effects of dumped or subsidised imports in the price of like products in the market of 
Republic of Albania;   
ç) further impact of these imports on the dom estic producers of the like products in the 
Republic of Albania.  This element can be evaluated by the economic, current or 
potential indicators, such as the fall of sales, possession of market, productiveness, profit, negative impact in reserves, employment, salaries, liquidities, investment and level of prices.   G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 12 
 
 
  Article 19 
Examination of volume of dumped or subsidised  
imports and their effect on the prices  
 1. The ministry requests from the customs author ities monthly reports with regard to the volume 
of dumped or subsidised imports, if there is evident increase of subsidised or dumped imports, 
whether in absolute terms or compared to the produc tion or consumption in the Republic of Albania.   
 2. With regard to the effects of dumped or subsidised imports in the prices in the domestic 
market, the ministry examines:   
  a) whether there has been an y evident reduction in price leading to the interruption of 
the production of the like product;   
 b) whether there has been delayed, at an evident rate, the increase of prices, which 
normally would have had occurred.   
 
Article 20 
Accumulation 
 
 Where imports of like products from more th an one country are simultaneously subject to 
investigation for antidumping or countervailing m easures, the commission evaluates in a summary 
their effect, only if the ministry determines that:    
a) margin of dumping or amount of subsid ies, put on the imports by each country, is 
higher than the de minimis, as it has been determined in Article 27 of this law and 
that the volume of imports from each country is considerable;   
b) the cumulative assessment of the effects of  imports, with regard to the competition, 
through the imported products and like domestic products, is  appropriate.   
 
Article 21  
Examination of impact of volume of dumped or  
subsidised imports on the domestic industry 
 
1. The commission shall, during the examination of impact of volume of dumped or subsidised imports on the Albanian industry, evaluate all th e stakeholders and respective economic indicators 
having an impact on the industry, such as:   
 a)  current or potential reduction of sal es, profits, production, possession of market, 
productivity, returns from investments, as  well as utilisation of the capacity;   
 b) factors, having an impact on the domestic prices;   
c) negative, real and possible effects on the cash flow, employment, salaries, growth, 
ability for capital or investment growth;   
ç) margin of dumping or amount of subsidies.   
 
2. The commission evaluates the effects of dum ped or subsidised imports on the Albanian 
production of like products, based on the data which ma ke possible the identification of that product, 
according to the process of production, sales and profit s of the producer.  Where for the product such 
an identification is not possible, the effects of th e dumped or subsidised imports shall be evaluated 
examining the production of the narrowest group of  products, including like products, for which the 
necessary information can be provided.    G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 13 
 
 
  Article 22 
Threat of material injury 
 
1. The threat for material injury shall be dete rmined in a situation during, which a substantial 
injury can happen.   
 2. The commission determines the existence of the th reat for material injury based on the facts.   
 3. The commission shall, in determining the exis tence of the threat for material injury, in 
addition to the factors mentioned in Article 21 of this law, examine also the following factors:   
  a) type of subsidy/ies and eventual effects on the market;   
b) significant rate of increase of dumped or  subsidised imports, indicating the likelihood 
of substantially increased imports;   
c) prices of imports, to prevent a discriminating effect of prices of Albanian products, 
which would probably increase de mand for further imports;   
ç) capacity growth of exporters, which woul d increase considerably the entry into the 
domestic market of the dumped or subsid ised imports, taking into account other 
export markets, which could absorb additional exports;   
d) the supply or inventory of the product being investigated.   
 
4. Where it is established that a threat of inju ry caused by dumped or subsidised import exists, 
the commission takes decisions on the implementation of the antidumping or countervailing measures.   
 
Article 23 
Casual link 
 
1. The commission, pursuant to the analysis of th e respective data for the factors determined in 
Articles 18-22 of this law, verifies the existence or not of the casual link between the dumped or 
subsidised imports and the injury or threat of injury to the domestic producers.    
2. The commission, also examines other factors besides the dumped or subsidised imports which 
at the same time are injuring the Albanian industry,  and the injuries caused by these other factors must 
not be attributed to the dumped or subsidised impor ts. Factors which may be relevant in this respect 
include, inter alia:    
 a) volume and prices of the not dumped or s ubsidised export, of a certain product;   
 b) contraction in demand or changes in the patterns of consumption;   
 c) practices restricting the trade and co mpetition between the domestic and foreign 
producers;   
 ç) technological developments;    d) exports performance and productiv ity of the domestic industry.   
 
 
CHAPTER V 
INVESTIGATION AUTHORITIES 
 
Article 24 
  The ministry covering the commerce is the in stitution responsible for the implementation of 
the provisions of this law, for the regulatory instruments in the international commerce.   G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 14 
 
 
  Article 25 
Commission for evaluating measures on imports 
 
1. The examination of anti-dumping, count ervailing measures and safeguard measures on 
imports, in accordance with this law, shall be done by the commission for the evaluation of measures 
on imports, which has been established and functi ons, in accordance with Article 4 and 5 of the 
law no 9790, dated 19.07.2007 "On safeguard measures on imports".    2. In addition to the provisions set out in Ar ticle 6 of the law no 9790, dated 19.07.2007 "On 
safeguard measures on imports", the commission drafts the rules of application and procedures of 
antidumping and countervailing measures.     
CHAPTER VI 
INITIATION OF INVESTIGATION 
 
Article 26 
Conditions for application and filling in of forms 
 
1. The investigation to determine the existence,  extent and effect of  dumped or subsidised 
imports and the casual link between them starts with  a written request by/on behalf of the Albanian 
industry.  In specific cases, the ministry starts the investigation upon its own initiative and with the 
approval of the commission. In this case the ministry  should have sufficient evidence, in the sense of 
chapter IV of this law.    
2. For applications there are used forms, whic h shall be approved by the commission and shall 
be available at the ministry and contain the following data:     a) name, address and phone number of applicant;    b) name, address and phone numbers of a ll domestic producers, of like products, on 
behalf of which the application is filed;   
 c) data on the extent of support of Albani an industry for the application, including the 
value and total volume of the Albanian production of the like product and the volume 
and value of the like product, manufactured by  the applicant or every other identified 
Albanian producer;   
 ç) a description of the product, which is claimed to be dumped or subsidised, including 
the technical characteristics and its duty code;   
 d) country where the product claimed to be dumped or subsidised has been produced or 
manufactured, and, if imported from another country, the intermediary country, from 
which the product has been imported;   
 dh) names and address of every exporter or foreign producer and the list of persons, 
known as importers of the product in question;   
e) data on the price of product, subject to dumping, if the product has been foreseen for 
sale in the market of the country of origin , of exporting country or for the existence, 
quantity and nature of specific subsidy;   
 ë) casual link between the dumped or subsid ised imports and the injury caused to the 
domestic industry.  The data on the increase of the volume of imports, which are 
claimed to be dumped or subsidised, the e ffect and further consequences on the prices 
of the domestic like products in the Albanian  market, as it has indicated by the factors 
and the respective indicators, having an impact on the situation of Albanian industry.    G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 15 
 
 
  Article 27 
Decision on initiation of investigation  
 
1. The ministry shall, after examining the accu racy and sufficiency of data contained in the 
application, submit them to the commission for eval uation.  The applicant may be asked for further 
data, prior to making the decision for the initiation of investigation.    2. Where the commission starts to initiate an investigation without having received any written 
request from/or on behalf of the domestic industry,  the decision shall be based on sufficient data for 
the dumping or subsidy, injury and casual link, in  accordance with Chapter IV of this law.   
 3. In making a decision for the initiation of the investigation there shall be taken into account 
also the data on the dumping or subsidy and the incurr ed damage.  The application for the initiation of 
investigation shall be rejected, if there are no suffici ent data to justify the continuation of proceedings.  
There shall not be undertaken actions with rega rd to countries, the imports of which represent a 
market share of less than 1 per cent, only if these countries, jointly, are calculated to be more than 
3 per cent of the domestic consumption.    4. The investigation shall not be initiated in acco rdance with points 1 and 2 of Article 26 of this 
law, as long as it is not established based on a control that:   
 
 a) written request has been done by/or on  behalf of the domestic industry;   
b) extent of support or opposition to the re quest for application has been expressed by 
the domestic industry of the domestic product.   
 
5. The application shall be evaluated to have  been done "by/or on behalf of the domestic 
industry", only if it is supported:    
a) by Albanian producers, the collective pr oduction of whom consis ts more than 50 per 
cent of the total production of the like product, produced by the producers who have expressed themselves in favour or against the application;   
b) by Albanian producers, expressing themselves in favour of the application, the 
production of which constitutes not less than 25 per cent of the total production of the 
like product of the Albanian industry.   
 6. Every application, in accordan ce with the provisions of this article, can be withdrawn prior to 
the initiation of investigation.  In this case it is  considered not to have been submitted.   
 7. Where the commission decides not to initiate th e investigation, the country shall be notified in 
writing to the applicants through the responsible ministry.    8. The ministry requires from the commission to decide on the initiation or not of an 
investigation with regard to antidumping or counte rvailing measures within 45 days, since the date of 
submission of written application.  Where the minist ry requires from the applicant additional data, this 
time period may be extended up to 60 days.    9. The commission does not initiate any investig ation for that imported product, where it is 
claimed that it is:   
 
a) subject to dumping, if according to the collected data it is established that the 
dumping margin is less that 2 per cent or the current and potential volume of dumped imports is insignificant;   G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 16 
 
 
  b) subsidised, if with regard to the data collected it is established that the amount of 
subsidies is less than 2 per cent or the current or potential volume of subsidised 
imports is insignificant.   
 
Article 28 
Notification of initiation of investigation  
 
1. Upon reception of the notification from th e commission for initiating an investigation 
procedure, the ministry shall:   
 
 a) notify the states, the products of which ar e subject to investigation and the interested 
parties, such as the exporters, importers a nd interested representative associations of 
importers and exporters, as well as the country  or origin and/or exporting country and 
the petitioners;   
 b) publish in the Official Journal and in a newspaper with a wide circulation in the 
Republic of Albania.   
 2. The publication and the other notificati ons shall contain the following data:   
  a) name of exporting country or countries, or, if it is not the country in question, the 
name of country or countries of origin of the product under investigation;   
 b) a description of the product under investigation, including the technical 
characteristics, the use and current number of classification;   
 c) description of the practices of dumping or subsidising;   
 ç) summary of factors, on which the claim of injury is based;  
 d) address, that the representations of interested parties have to refer to;   
 dh) date of initiation of investigation;    e) time limits, within which the interest ed parties are allowed to make known their 
evaluations.   
 3. The investigation shall start on the day when  the public notification is made, in accordance 
with letter "b" of point 1 of this Article.   
 
Article 29  
Duration of investigation 
 1. The ministry shall, except in specific cases, conclude the investigations in the antidumping 
measures or countervailing measures within one year, and in no case, later that 18 months after their 
initiation.    2. The procedures on antidumping or counterva iling measures should not detain the customs 
authorities.  Upon taking of measures, no other a dditional formality shall be accomplished, except 
those related to the implementation of these measures.   
 
Article 30 
Public file and right to information 
  The ministry shall, for every investigati on and in accordance with the request for the 
protection of the confidential data, set up a public file, which shall periodically be complemented with 
the following:     a) all the public reports for the investigation or review;    G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 17 
 
 
   b) all the materials, including the questio nnaires, responses to questionnaires and written 
notifications which have been s ubmitted to the commission;   
 c) all the other data, worded or received by the commission, including any other 
verification report which has been worked out;   
 ç) all other documents, evaluated as appropriate for public notification.   
  The file shall be made available to the inter ested parties in any phase, during the investigation 
as well as review, or judicial proceedings.   
 
Article 31 
Collection of data 
 
1. The commission shall, upon initiation of the investigation, have the obligation to send, 
through the ministry, a questionnaire to every person , that according to it, could have information on 
the case under investigation, including the known domestic producers, importe rs, exporters, foreign 
producers and governments of countries of the products which are under investigation.   
 2. The commission shall provide to  the exporters, foreign producers and those of the interested countries the questionnaires within 45 days to respon d.  This time limit shall be calculated from the 
day of lodging the questionnaire or from the day when it was sent to the diplomatic or official 
representation of the exporting country.  If ther e is a request for extending the time period for 
responding, the commission shall take it into account,  if it is argumentative, the questionnaires shall 
be written in two languages, in Albanian and English.    3. The commission can, through the ministry, request during the investigation, from the 
interested parties, additional information, in the form of questionnaires or written requests, additional 
clarifications or information.  In this case th e commission shall determine the time period within 
which the feedback has to be submitted.   
 
Article 32 
Hearings 
 
1. Upon the written request of each interested part y, the ministry shall set a hearing, where the 
interested parties, affected by the turnout of the conclusions or having certain motives, for which have 
to be heard, shall submit data and arguments on the case in question.  The hearings shall be held not 
later than 60 days prior to the date proposed for making the final decision.   
 
2. In line with the request, the ministry shall pr ovide to the interested parties the possibility to 
meet.  The participation of interested parties in th e meeting is not mandatory and failure to participate 
shall not consist a prejudice to any party.    3. The interested parties, wanting to be involved in  the hearings, shall send to the ministry the names 
of representatives or witnesses, who shall appear in th e hearing, at least 7 days prior to the hearing 
date.    4. The interested parties shall also be entitled, where they do not agree to the decisions of the 
ministry, to submit to the commission orally, in th e course of meetings, every other additional data.  
The commission shall keep detailed minutes and include  them in the public file, however without the 
confidential data.   G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 18 
 
 
  Article 33 
Contributions of the consumers and users association 
 
 The ministry shall provide the possibility to the applicants, government of country of origin 
and/or exporting country, importers  and exporters and their associa tions, users of the product under 
investigation in the Republic of Albania, as we ll as organisations of consumers that, by written 
request, control all the data used during investig ation, which have been made available to the 
commission, as a specific internal documentation, necessary to the presentation of their cases which is 
not confidential, in the sense of Article 48 of this Article.  Such parties may provide their comments 
on these information and their comments shall be take n into consideration, if they are sufficiently 
verifiable.   
 
Article 34 
Final decisions  
 
1. The complainants, exporters and their repr esentative associations and the representatives of 
the exporting country may request the disclosure of data, details and important facts, based on which 
there have been taken the measures.  The request fo r disclosure shall be made in writing, immediately 
after imposing the definitive measures.  At the same time, the above mentioned parties may request 
the final disclosure of the main facts and elements , on the basis of which there has been deemed the 
imposition of the final measures, the conclusion of an investigation or procedures, without imposing 
the measures.    2. The request for final disclosure shall be a ddressed to the ministry in writing and shall be 
accepted where a provisional duty has been app lied, not later than one month after the 
publication/disclosure of application of this tax.  In case where a provisional duty is not applied, the 
parties shall be provided the possibility to request the disclosure, within the time periods set out by the commission.    3. The final disclosure shall be provided in a written form, by means of a publication.  This 
disclosure shall be made as soon as possible, norma lly not later than 1 month prior to the final 
decision or acceptance by the commission of the pr oposal for taking the final measures, taking into 
account the protection of confidential measures.  Wh ere the commission can not find certain facts or 
elements at a certain point, this disclosure shall be made at a later point.    4. Where the commission, upon the completion of investigation, has taken a decision, it shall 
make this decision public.  Along with the publication of decision, the notification should include all 
the information pertaining to facts, law and reaso ns which lead to this decision, taking care of 
preserving the confidential information and specifically for:     a) names of exporters and known producer s of the product under investigation;   
 b) description of product under investigation,  making available the data to the extent 
sufficient for making customs actions (customs duties), including the current 
Albanian classification of data;   
 c) explanations on dumping or subsidy, for the period of investigation of caused injury, 
if applicable;   
 ç) margin of dumping and amount of s ubsidy identified and the bases on which there 
has been established that this dumping or subsidy exists;   
 d) factors which come to the determination of injury and the casual  link, including also 
the data for these factors, except the dumped or subsidised imports, which have been 
taken into account;   
 dh) every other reason, which has come to the final decision;    G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 19 
 
 
   e) Reasons for accepting or rejecting the arguments or respective petitions, filed by the 
exporters and importers;   
 ë) amount of antidumping or countervailing me asures, decided to be imposed, taking in 
consideration the interest of Republic of Albania;   
 f) cases where the antidumping or countervaili ng measures have to be collected from 
those imports, for which there have been applied the preliminary measures, being 
reason for taking this decision.   
 5. The notification shall be publis hed in the Official Journal and in a wide circulation newspaper 
in the Republic of Albania.  The notification shall be  sent also the country, the products of which have 
been subject to this definition, as well as to ot her parties, which are known to be interested.   
 6. After the publication of the final decision, upo n the request from interested parties, within 
15 days of the publication, the ministry, organises separate and open meetings with exporters or 
producers, requesting this meeting, explaining the methodology used on the calculation of dumping or 
amount of subsidy, applied finally for the products of this exporter or producer.   
  
CHAPTER VII 
COMPLETION OF INVESTIGATION 
 
Article 35 
Provisional measures 
 
1. The commission may impose provisional measures, as long as investigation has started, in 
accordance with provisions of Article 27 of this  law, where there has been made the public 
notification to this effect, if the appropriate possib ilities have been provided to the interested parties to 
send the data and to make comments, if there has been made a confirming pr eliminary determination 
of the dumping or subsidies and of the subsequent damage for the Albanian industry and if taking of 
provisional measures for preventing cause of injury is  in the interest of Republic of Albania.   
 
2. The provisional measures may be in the fo rm of additional financ ial payments or of a 
guarantee, deposit in cash or bonds, not higher than  the margin or dumping or amount of subsidy 
evaluated in advance.    3. En every event, the implementation of pr ovisional antidumping or countervailing measures is 
a condition for the free circulation in the Republic of Albania of the product under investigation.   
 4. The provisional measures shall be imposed not earlier than 60 days and not later than 
9 months from the initiation of the investigation procedures.    5. The amount of the provisional antidumping or  countervailing measure can not, respectively, 
exceed the dumping margin or the total amount of repayable subsidies, established temporarily and it 
should be lower than this margin or amount, as long  as a lower amount is sufficient for eliminating the 
injury, which has been caused to the Albanian industry.    6. The provisional measures shall apply for a pe riod not longer than 6 months.  Upon the request 
of the exporters making up an important percen tage in the market, the commission can extend the 
period of imposing the provisional duties, but not more than 9 months.    7. In accordance with the provisional measures, th ere shall apply the conditions provided for in 
Article 41 of this law.   G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 20 
 
 
  Article 36 
Undertakings  
 
1. The ministry can request from the commissi on to suspend the investigation without imposing 
provisional or final measures, if the former is certain that by assumption of satisfactory voluntary 
undertakings by every exporter to review the prices or to interrupt the exports with the prices being 
subject to dumping, or to eliminate or restrict the subsidising of exports in the country in question, for 
as long as these exports benefit from countervailable subs idies, for eliminating the injuring effects of 
dumping or subsidy.  The increase of price, in acco rdance with such a undertaking, shall not be higher 
than the necessary value for eliminating the dumping margin or the amount of the subsidies subject to 
countervailing measures and it should be lower than  this margin or amount, as long as such an 
increase would be appropriate for avoiding the injury which has been caused to the Albanian industry. 
 2. The undertaking for prices can be suggested by the ministry or by the exporter, but no 
exporter shall be forced to such undertakings.  The fact that the exporters do not undertake such 
undertakings or do not follow the invitation for such a thing, does not have any impact on prejudicing of the case.  The undertakings shall not be accepte d and shall not be made known by the countries or 
exporters, as long as there has not been made a conf orming determination of dumping or subsidy and 
injury caused by them.    
3. The offered undertakings shall not be accep ted, of the ministry evaluates them as 
inappropriate.  If the ministry decides not to accept the undertaking, it shall inform the exporters on 
the reasons that led to the determination of the u ndertaking as inappropriate and, as appropriate, shall 
provide to the exporters the possibility to forward their comments in writing over this issue.  The reasons for restricting this undertaking sha ll be forwarded in the final decision.   
 
4. The undertakings of the exporter shall be accepted by the ministry and approved by the 
commission.    5. If undertakings are accepted by separate exporters in the course of investigation, they start to 
have effect from the date of completion of investig ation for the country of origin and/or export.   
 
6. The ministry shall request from every expor ter, the undertakings of which have been 
accepted, to inform periodically in the fulfilment of these undertakings and allow the verification of 
the respective data.  The communication of these data shall be subject to the provisions for confidentiality.  Failure to provide these data  consists a violation of the undertaking.   
 
7. The ministry shall require from the parties, offering a undertaking, to provide a non-confidential version of this undertaking, so that the data be available also to the other parties 
interested in the investigation.    8. In the events where the ministry refuses th e undertakings, the exporter is entitled to file a 
complaint with the commission, which, after asking for clarifications from the ministry, decides the 
acceptance or not of the request of the exporter.    9. If the undertakings are accepted, the investig ation for dumping or subsidy and caused injury 
shall be terminated.  In case the investigation has b een concluded with a negative determination of the 
dumping or subsidy and the caused damage, the assu med undertaking ends automatically, except the 
case where such a determination has come mainly due  to the existence of a undertaking.  In these 
cases, the commission can decide on the continuation of undertaking for a reasonable period.  In case 
the investigation has been concluded with a pos itive determination of dumping and subsidy and 
caused damage, the assumed undertaking shall continue in  accordance with the provisions of this law.    G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 21 
 
 
  10. The ministry is obliged to publish the notifi cation of the agreement for the assumption of the 
undertaking, where it can also include even th e other elements of this agreement.   
 11. In the event of failure to abide by the unde rtakings assumed in accordance with the provisions 
of this law, the ministry can undertake immediate actions related to the proposal of the commission 
for the immediate imposition of temporary measures, ma king use of the best data available to it.  At 
the same time, where there are violations or w ithdrawals of undertakings, there shall be imposed 
definitive duties, based on the facts indicated in th e course of investigation, which led to assuming the 
undertaking, if the investigation has been conclude d with a final determination of dumping or subsidy 
and caused injury.   
 
Article 37 
Ending without approval of measures  
 1. The commission concludes the investigation without taking any measure, if a request is 
withdrawn at any time after the in itiation of investigation, unless th e commission decides differently, 
as well as the investigation shall be concluded if  the commission determines that the measures are 
unnecessary.    2. An investigation shall be immediately te rminated, at any time where the commission is 
satisfied that there are no sufficient data, be it for dumping or subsidies and injury, which would 
justify the continuation of investig ation, or if the commission determines that the margin of dumping 
or amount of compensating subsidy is minimal, as it has been provided for in point 9 of Article 27 of 
this law or if the volume of dumped or subsidised imports, current or potential, is insignificant, as it 
has been provided for in point 3 of Article 27 of this law.   
 
Article 38 
Public notification on termination of investigation  
without imposing measures 
 
 The commission is obliged to make the public no tification on the termination of investigation 
without imposing measures, paying due attention to the details on taking this decision, legal 
conclusions, as well as preserving the confidential data.     
CHAPTER VIII 
APPLICATION AND COLLECTION OF ANTIDUMPING 
OR COUNTERVAILING MEASURES 
 
Article 39 
Observation of the interest of the country 
and lowest amount rule  
 
1. Where after the examination of facts the mi nistry determines the existence of dumping or 
subsidy and caused injury as a consequence of them , and after taking into account the interest of 
Republic of Albania, the commission imposes the fi nal antidumping or countervailing measures.  In 
case the temporary antidumping or countervailing measure s are in effect, the ministry proposes to the 
commission the imposition of the permanent measures, not later than 1 month prior to the expiry of 
temporary measures.    G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 22 
 
 
  2. The antidumping or countervailing measur e should exceed respectively the margin of 
dumping or amount of subsidy, from which there have benefited the exporters a nd it should be lower, 
in case it is sufficient for eliminating the injury wh ich has been caused to the Albanian industry.   
 
Article 40  
Imposition and collection of antidumping  
and countervailing measures  
 
1. The antidumping or countervailing measures s hould assume the form of additional financial 
payments, in specific or variable value.  The antidumping or countervailing measures are different 
from the other import duties, imposed for the r espective imported products.  The antidumping or 
countervailing measures should be collected by the respective customs authority, at the appropriate 
amount, without discriminating the imports of products, for which it is established from all sources that they are dumped or subsidised and causing in jury, except the imports from the sources, the 
undertakings of which have been accepted in acco rdance with the provisions of this law.   
 2. In case the ministry has restricted the control, all the antidumping or countervailing measures applicable on the imports done by exporters or producers not being included in the investigation, shall 
not be higher than the weighted average value of the margin of dumping or amount of subsidy, submitted for selected exporters or producers, prov ided that the commission shall not take into 
account the margin of dumping or amounts of subsidy, which are zero or minimal.   
 3. The commission can apply the remaining part of the antidumping or countervailing duty on the imports from unknown exporters  or producers for the commission at the moment of taking the 
final decision.  The remaining part of the antidum ping or countervailing duty can not be higher than 
the weighted average of margins of dumping or in dividual measures of subsidy, imposed for exporters 
and producers which were investigated.    4. None of the products can simultaneously be  subject to the antidumping and countervailing 
measures, for the rectification of the same situa tion, which turns out from the practice of dumping or 
granting of subsidies for export.    
Article 41 
Retroactivity  
 
1. The temporary and permanent antidumping and countervailing measures shall be applied for 
products which enter into free circulation in the Repub lic of Albania, following the entry into effect of 
the measure determined upon the completion of investigation.    2. Where a temporary measure has been imposed and finally established facts indicate the existence of dumping or counter vailing subsidy and injury, the commission shall impose a final 
antidumping or countervailing measure, on the shar e of the temporary measure which shall be 
collected.  Thus the injury shall not have an imp act on the establishment of a domestic industry or on 
the threat to injure, unless ther e has been reached the conclusi on that these have, in absence of 
temporary measures, turned into ma terial injury.  In all the othe r cases, the final measures can be 
imposed only on the date of the final determination of the threat.    
3. In case the ministry has imposed a temporar y lower measure than the permanent antidumping 
or countervailing measure, the difference shall not be a dded up.  If the final measure is lower than the 
temporary measure, the measure has to be re-calcula ted.  Where in the final determination the amount 
turns out zero, the temporary measure shall not be approved.    G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 23 
 
 
  4. A permanent antidumping or countervailing me asure can not be imposed on the products 
which have entered into the Republic of Albania for consumption, not later than 90 days prior to the 
date of application of the measure, but not earlier th an the start of investigation, if the commission has 
provided the possibility to the importers to comment and:   
 
 a) for the dumped or subsidised product there exists of history of dumping or subsidy, 
according to which the injury  has been caused by massiv e imports, in a relatively 
short period of a dumped products which bene fits from the countervailing subsidy;   
 b) in order for such a damage not to be damaged, it is necessary to determine the amount 
of retroactive antidumping or countervailing measures on these imports.   
 5. In the event of violation or withdrawal of  the undertakings for the goods having entered into 
the Republic of Albania not later than 90 days prio r to the application of temporary measures, there 
can be imposed the permanent measures, if no retr oactive determination shall be imposed on the 
imports, having entered prior to the viola tion or withdrawal of undertakings.   
  
CHAPTER IX 
DURATION, REVIEW AND REIMBURSEMENT 
 
Article 42 
Duration  
 
1. The antidumping or countervailing measure shall be in force for as long as it is necessary for 
neutralising the dumping or subsidy, which has caused injury to the domestic industry.   
 
2. Every final antidumping or countervailing measure shall be repealed not later than five years 
following the date of imposing it or date of la test review, as long as the review has covered the 
dumping or subsidy, and the damage, with the exception of the cases where the outcome of the review has been that the ending of this measure can lead to the continuation or re-occurrence of the dumping 
or subsidy and injury.   
 
Article 43 
Review  
 
1. The review starts if there are sufficient data that the expiry of the measures duration can lead 
to the continuation or re-occurrence of dumping or su bsidy.  This is indicated based on the data on the 
continuation of dumping or subsidy or the data that avoidance of this in jury is partially or wholly due 
to the existence of measures.    
Where the commission starts a procedure for th e review of the imposed measures, upon its own 
initiative, upon a written request or on behalf of th e domestic producers, the measure remains in force 
until the announcement of the review turnout.   
 2. In the course of investigation,  in accordance with point 1 of th is Article, the ministry should 
provide the opportunity to the exporters, importers , representatives of exporting country and domestic 
producers to complement with data or file an objec tion to the issues contained in the review request.  
While drawing the conclusions, there have to be taken into account all the documented and 
appropriate data, submitted for the case in question, as well as the fact when the expiry of duration of 
measures can lead to the continuation or re-o ccurrence of dumping or subsidy or injury.   
 G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 24 
 
 
  3. The commission shall, not later than 90 days pr ior to the expiry of the measure, publishes in 
the Official Journal and in a newspaper with the wi dest circulation in the Republic of Albania, the 
notification on the imminent removal of the anti dumping or countervailing measures.  However, the 
temporary measure can not be removed if the commissi on, in a review started prior to the expiry date, 
upon its own initiative or upon a request filed in acco rdance with the rules by/or on behalf of the 
Albanian industry, draws the conclusion that the re moval of this measure can lead to the continuation 
or re-occurrence of the phenomenon of dumping or  compensatory subsidy and damage.  The 
procedure should be completed within 45 days from the public notification of the imminent removal 
of antidumping or final countervailing measures.   
 
4. According to this Article, the commission in itiates a review procedure, upon its own initiative 
or upon written request from/or on behalf of the Albanian industry, after passing a reasonable period 
of time, at least one year, since the impositi on of the permanent anti dumping or countervailing 
measure, to consider whether the request contai ns sufficient data on th e indispensability of a 
temporary review.  The temporary review starts if  the request contains sufficient data for the non-
continuation of the dumping or su bsidy measure, as unnecessary and/or that the injury shall not 
continue or re-occur if the measure is removed or ch anged.  If, in the course of review the commission 
determines that the antidumping or countervailing measure is not necessary, it should be removed 
immediately.    
5. Where an exporter, the product of which is subject to a permanent antidumping or 
countervailing measure, has not been investigated i ndividually in the course of the investigation 
process, for different reasons, such as the refu sal for cooperation, the commission shall, upon a 
written request addressed to the exporter, require fro m it to be subject to an accelerated review, in 
order to determine the individual norm of the antidumping or countervailing measure.   
Article 44  
Repayment of funds (reimbursement)  
 
1. The importer can request the repayment of va lues collected by the respective authorities, if 
the ministry determines that the margin of dumping or the amount of subsidies, on the basis of which 
this amount has been paid, has been eliminated or  reduced to a lower level than the level of the 
measure in effect.    2. The importer shall, within 60 days after the ending of the period, file with the ministry an 
application for the repayment of the amount of an tidumping or countervailing measures, paid within a 
period of six months from the date when the co mmission has determined the amount of permanent 
measures, which have to be collected or from the da te of the final decision on the collection of the 
amount.    3. The application should contain data on th e amount claimed for repayment and the full 
customs documentation on the calculation of the pa yment of this amount.  The application should 
contain data on the imposition of the antidumping or countervailing measures for the exporter or 
producer on whom the measures are applied.  If the im porter is not related to the producer or exporter 
and this information is not immediat ely available, or if the producer or exporter does not want to give 
it to the importer, the application shall contain the statement of the producer or exporter on the margin 
of dumping or reduction or elimination of the am ount of subsidies.  The evidence are provided 
directly to the ministry in order to be made ava ilable to the commission.  If the evidence is not 
submitted within a period of 60 days, the application shall be refused.   
 4. The commission shall, in the course of investigation and based on the application for 
repayment of funds, decide on when and to what exte nt shall the repayment occur.  At the same time,  G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 25 
 
 
  the commission can decide on the initiation of a tem porary review, the results of which shall be used 
to determine the time and amount of repayment.  Th e ministry is obliged to make available to the 
importer (party making the applica tion) detailed explanations on the taking of the decisions by the 
commission, on the funds requested to be repaid.   
 
5. The return of the funds of measures shall o ccur within 12 months and under no circumstances 
later than 18 months from the date of forwarding th e request.  Every repayment of funds, relying on 
precise data of the importer of the product, subj ect to the antidumping or countervailing measure, 
shall occur within 90 days from the date of taki ng the decision on the repayment of funds.  The 
observation of these time periods can be exceeded if th e decision is subject to the juridical review 
proceedings.    
Article 45 
Circumvention 
 
 Antidumping or countervailing measures, imposed pursuant to this law, can be extended to 
imports from third countries of like products, or part s thereof, when circumvention of the measures in 
force is taking place.     Circumvention shall, in this case, be defined as a change in the pattern of trade between the 
country of origin and importing country which as a consequence of practice, process or work, for 
which there is insufficient due cause or economic ju stification other than the imposition of the duty, 
and where there is evidence that the remedial effect s of the duty are being undermined in such terms 
as the prices and/or quantities of the like produc ts and there is evidence of dumping for the like 
product, and that the imported like product and/or parts thereof still benefit from the subsidy.   
 
Article 46 
Verification of data  
 
1. The ministry shall, if it deems it appropria te during the investigation period, undertake the 
steps on the verification of data from all the parti es, on their truthfulness c oncerning dumping, subsidy 
and injury, based on which there has been made th e decision, as well as/or requires other additional 
data.    2. If it is necessary, the ministry might carry out in vestigations even in th ird countries, within 
the conditions approved by the respective companies,  and after the notification and agreement of the 
country in question.  In this case, the commission prepares the report on the verification of the data.  
This report shall be made available to the comp any, while the non-confidential version shall be 
included in the public file.    3. Parties shall be notified on the data which sh all be verified in the course of investigation, 
however, this does not consist an obstacle for furt her requirements and details, to the effect of 
verifying the data made available.   
 
Article 47 
Failure to cooperate 
 
1. If one of the interested parties, registered as a legal entity in the Republic of Albania, refuses 
to make available the required data or it does not ma ke them available within the time periods set out 
by law, or intentionally detain the investigation, the conclusions shall in this case be drawn based on 
the available facts.  If it is established that one of the interested parties has declared false or 
misleading data, they shall not be taken into account  and the examination shall take place on the basis G/ADP/N/1/ALB/2/Rev.1 
G/SCM/N/1/ALB/2/Rev.1 Page 26 
 
 
  of the available facts.  The interested parti es have to be aware of the consequences of non-
cooperation.    2. If the determinations, which, including tho se on the normal value or amount of countervailing 
subsidies, have been done in accordance with point  1 of this Article, along with the data of the 
application form have to be controlled, whether th ey are applicable and within the investigation time 
period, comparing them to the data collected fro m other independent sources, such as the published 
lists of prices, official statistics of imports, previous data of customs or obtained in the course of investigation from the other interested parties.    
Article 48 
Confidentiality  
 
1. The obtained data shall be used only for the reasons for which they have been requested.   
 
2. In the course of investigation, the commissi on and ministry shall preserve as confidential all 
the data acquired based on confidentiality.  Confid ential data shall not be disclosed without the 
written request of the entity, being the source of the data.    3. The data shall be dealt with confidentially if:   
 
 a) making them public has unfavourable eff ects for the persons, making available these 
data or the person from whom these data have been obtained;   
 b) parties provide grounds that they have obtained them on the basis of confidentiality.    
4. The interested parties having ensured confid ential data should submit a summary with details 
on these data, however, not viola ting the confidentiality.   
  In specific cases, the parties submit reasons in wr iting, justifying that certain data can not be 
contained even in the summary.    
5. The data are not confidential if:   
  a) the request for confidentiality is not grounded;    b) even if the person making them available does not authorise the detection of the data, 
in whatever form, they shall be veri fied through other reliable sources.   
 
 
CHAPTER X 
JUDICIAL REVIEW 
 
Article 49 
Judicial review 
 
 Every interested party, having participated in an investigation, review or repayment 
procedure, can request, at any time, the review of the final decisions made by the commission, and in 
case of non-acceptance, it has the right to appellate to the court.   
  G/ADP/N/1/ALB/2/Rev.1 
 G/SCM/N/1/ALB/2/Rev.1  Page 27 
 
 
  CHAPTER XI 
LAST AND TRANSITORY PROVISIONS 
 
Article 50 
International obligations 
 
 This law shall be implemented in accordance with the international obligations that the 
Republic of Albania is subject to as a WTO memb er, with Articles VI "Antidumping Agreement" 
and XVI "Agreement on subsidies and countervailin g measures" of "General Agreement on Tariffs 
and Trade" (GATT, 1994).   
 
Article 51 
Repeals  
  Law no 8466, dated 24.03.1999 "On antidumping" as well as the other bylaw acts, issued for 
its implementation, shall be repealed.   
 
Article 52 
Entry into force  
  This law shall enter into force 15 days followi ng its publication in the Official Journal.   
   SPEAKER Jozefina Topalli (Çoba) 
 
  
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