WORLD TRADE  
ORGANIZATION  G/ADP/Q1/ALB/5 
G/SCM/Q1/ALB/5 9 April 2008 
 
(08-1603) 
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 
 
Questions Posed by the UNITED STATES  
Regarding the Notification of ALBANIA1 
 
 
 The following communication, dated 7 April 2008, is being circulated at the request of the 
Delegation of the United States.   
 
_______________ 
  
 The United States thanks Albania for its notif ication and poses the following questions with 
regard to Albania's Notification of Laws and Re gulations under Articles 18.5 of the WTO Agreement 
on Antidumping and 32.6 of the WTO Agreement on Subsidies and Countervailing Measures, Law 
No. 9796, dated 23.07.2007, on Antidumping and Countervailing Measures (hereinafter Law).   
 
Question 1 
 
Please specify when and in what manner the Commission for the Evaluation of Measures on 
Imports (the Commission) will notify the government  of the country of export or origin of the 
merchandise under consideration:    
a. Once an application has been received as sp ecified in Article 5.5 of the Agreement on 
Implementation of Article VI of the Ge neral Agreement on Tariffs and Trade 1994 
(Antidumping Agreement);   
 
b. Once an investigation has been initiated,  as specified in Article 28(1)(a) of the Law 
and Article 12.1 of the Antidumping Agreement.   
 
Question 2  
 
Article 31 of the Law refers to the collection of data through questionnaires.  Please describe 
what specific steps the Commission takes to identify "known local manufacturers, importers, exporters, (and) foreign manufacturers" that would receive a questionnaire and that are not listed in 
the application for investigation, pursuant to Article 6.1 of the Antidumping Agreement.   
                                                     
 
1 G/ADP/N/1/ALB/2.    G/ADP/Q1/ALB/5 
G/SCM/Q1/ALB/5 Page 2 
 
 
  Question 3 
 
Article 33 of the Law refers to access of non-confidential information by interested parties 
that is not confidential according to Article 48 of the Law.  What specific opportunities exist for 
interested parties to access non-confidential informat ion to defend their interests during a proceeding, 
in accordance with Article 6.4 of the Antidumping Agreement?   
 
Question 4  
 
Article 34 of the Law states that complainants and e xporters, after the imposition of a 
temporary measure, "may request the disclosure of data, details and important facts, based on which 
there have been taken the measures".  Please explai n the specific process by which interested parties 
would make this request for other parties' submissi ons, both written and oral, to be considered by the 
Commission.    Question 5  
 
As referenced in Article 49 of the Law and pursuant to Article 13 of the Antidumping 
Agreement on judicial review, please describe what opportunities are available to interested parties 
with regard to administrative or judicial review  of antidumping proceedings.  Please also identify the 
specific laws, regulations, and authority that would govern such appeals.   
 
Question 6  
 
 Under footnote 9 of the Antidumping Ag reement and footnote 45 of the Subsidies 
Agreement, the term "injury" is defined to mean "material injury to a domestic industry, threat of 
material injury to a domestic industry or materi al retardation of the establishment of such an 
industry".  While the English translation of the Law uses the term "material injury" in some places 
(i.e., the title of Article 22 and Article 41(2)), it frequ ently uses other terms to describe the "material 
injury" concept.  These include "property injury" (Ar ticle 2(2)), "injury" (Article 18(1)), "damage" 
(Article 18(2)), "material damage" (Articles 22(1) and 22(2)), "essential injury " (Article 23(1)), and 
"incurred damage" (Article 27(3)).   
 
 a. Do the different terms used to describe th e concept of "material injury" in the English 
translation of the Law reflect different terms in Albanian, or are they simply different 
translations of the same Albanian term?   
 
 b. If the Law uses multiple Albanian-language terms to reference the "material injury" 
concept, please explain any distinctions in the meanings of the various terms and how each different term is consistent with th e "material injury" definition provided in 
footnote 9 of the Antidumping Agreement and footnote 45 of the Subsidies Agreement.   
 
Question 7  
 
 Article 2(5) of the Law states that the domestic industry may either be "the entirety" of 
Albanian manufacturers of the like product or "only that part of manufacturers ... which consists the 
majority" of Albanian production of the like pro duct.  If less than the entire industry supports a 
request to commence an AD or CVD proceeding, will the domestic industry as a whole still be 
examined to determine whether the dumped or subsid ized imports have caused materially injury?    G/ADP/Q1/ALB/5 
 G/SCM/Q1/ALB/5 
 Page 3 
 
 
  Question 8 
 
 The Law contains two lists of factors pertaining to the impact of dumped or subsidized 
imports that the Albanian authority must consider.  On e listing is in Article 21.  There is also a shorter 
listing in Article 18(c).  Which list is controlling?   
 
Question 9 
 
 Article 19(1) of the Law, concerning the examination of dumped or subsidized import 
volume, contains a clause that appears to direct th e authority to examine "if there is evident increase 
in subsidized imports".  Please explain why this clause does not also refer to dumped imports.   
 
Question 10  
  a. Article 19(2)(b) of the Law, concerning examination of price effects, states that the 
authority examines "whether there has been hindered, at an evident rate, the increase 
of prices, which normally hand
 to happen".  Articles 22(1) and 22(3)(b) of the Law 
also have unclear translations or meanings.  Could Albania please provide clearer translations and explain the intended purpose of these three provisions?   
 
 b. Article 20(a) of the Law states that imports from multiple countries under 
investigation are eligible for cumulation pur suant to Article 3.3 of the Antidumping 
Agreement and Article 15.3 of the Subsid ies Agreement only if "the volume of 
imports from each country is considerable".   Please explain the intended meaning of 
"considerable" in this context, i.e., is "considerable" meant to mirror the negligibility 
threshold described in Article 27(3) of the Law?   
 
Question 11  
 
 Article 34 of the Law, governing the content of decisions of the Albanian authority, appears to 
deal solely with final determinations.  The Al banian authority also has the ability to impose 
provisional measures pursuant to Articles 25 and 34(1) of the Law.  How does Albania implement the 
provisions of Article 12.2.1 of the Antidumping Agreement and Article 22.4 of the Subsidies 
Agreement concerning the content of public noti ces of the imposition of provisional measures?   
 
  
__________