WORLD TRADE  
ORGANIZATION  G/ADP/N/1/ALB/1 
24 March 2005 
 (05-1255) 
Committee on Anti-Dumping Practices Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 18.5 OF THE AGREEMENT 
 
ALBANIA 
 
 
 The following communication, dated 16 March 2005, is being circulated at the request of the Delegation of Albania.  
_______________ 
 
  With reference to Article 18.5 of the Agre ement on Implementation of Article VI of the 
GATT 1994, the Government of Albania submits the a ttached law relevant to the Agreement.  In 
addition, the Government of Albania wishes to in form the Committee that new law and regulations 
are currently being drafted.  Enactment is expect ed in the second semi-annual of 2005, at which time a 
translation into WTO language will be prepared and the law will be notified to the Committee. G/ADP/N/1/ALB/1 
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 Law 
No. 8466, dt. 24.03.1999-04-22 
 
“On Anti-Dumping” 
 
 In compliance to the articles 78 and 83/1 of the constitution, upon the proposal of the Council 
of Ministers,  
The Parliament of the Republic of Albania 
 
DECIDED 
 
PART   I 
Object, Definitions and Principles 
 
Article 1 
Object 
 
 This law intends to protect the domestic produc t, when it is injured or prevented by unfair 
practices of international trade through dumping.  
Article 2 
Definitions 
 
 In the meaning of this law: 
 
(a)  "dumping" shall mean the introduction of a product into the commerce of another country at a 
price which is less than its normal value; 
 (b)  "dumping margin" shall mean the difference between the export price and the normal value as 
it results from the comparison of the two in accordance with the provisions of the law; 
 
(c)  "injury" shall mean material injury to a dom estic industry, threat of material injury to a 
domestic industry or material retardation of  the establishment of a domestic industry;  
 (ç)  "domestic industry" shall mean the Albanian producers as a whole of the like products or 
those of them whose collective output of the products constitutes a major proportion of the 
total domestic production of those products; 
 (d)  "related producers" shall mean domestic produ cers, who are deemed to be related to exporters 
or importers only if one of them directly or indi rectly controls the other, or both of them are 
directly or indirectly controlled by a third person, or together, they directly or indirectly control a third person;  
 
(dh)  "like product" shall mean a product which is id entical, i.e. alike in all respects to the product 
under consideration, or in the absence of such  a product, another product which, although not 
alike in all respects, has ch aracteristics closely resembling those of the product under 
consideration. 
 
(e)  “Anti-dumping office” shall mean the state orga n charged to investigate and to put the anti-
dumping duties; 
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 (ë)  “investigation” shall mean the examination to define the existence, exte nsion and effect of the 
dumping; 
 (f)  “interested parties” shall mean:  - the exporters or foreign producers of the investigated product; 
 - the importers of the investigated product; 
 - trade or business associations, a majority of members of which are producers, 
exporters or importers of the investigated product; 
 - the government of the exporting countries;  - the domestic producers of the like product; 
 - trade and business associations, a majority of the members of which produce the 
domestic like product. 
  
Article 3 
Principles 
 1.  A product is considered as being dumped if  the export price of the product exported to the 
Republic of Albania is less than the comparable  price for the like product when destined for 
consumption, in the ordinary course of trade, in the exporting country.  2.  The exporting country is normally the Country of  origin.  However, it can be an intermediate 
Country, except when products are merely transship ped through the intermediate Country, or are not 
produced in the intermediate Country and there can be no price for them in the intermediate Country. 
 3.  The anti-dumping office may impose an anti-dumping duty on dumped products only when it determines that the release for free circulation of  these products in the Republic of Albania would 
cause a material injury to the domestic industry. 
  
PART   II 
Determination of dumping, Injury and Causal Link 
 
Chapter I 
Determination of dumping 
 
Article 4 
Normal Value 
 1.  In order to define the dumping, the anti-dum ping office shall establish the normal value of a 
product on the basis of the comparable price, paid or payable in the ordinary course of trade, by independent buyers, when destined for consumption in the exporting country. 
 2.  Sales of the like product destined for cons umption in the domestic market of the exporting 
country shall normally be considered a sufficient qua ntity for the determination of the normal value if 
such sales constitutes 5 % or more of the sales of th e investigated product to the Republic of Albania, 
provided that a lower ratio should be acceptable wh ere the evidence demonstrates that domestic sales 
at such lower ratio can provide for a proper comparison.  
3.  When there are no sales of the like product in  the ordinary course of trade in the domestic 
market of the exporting country, or when, because of  the particular market situation or the low 
volume of the sales in the domestic market of th e exporting country, such sales do not permit a proper 
comparison, the normal value of the investigated product shall be determined on the basis of:  
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  -  a comparable price of the like product when exported to a third country;  
 -  the cost of production in the country of origin plus a reasonable amount for 
administrative, selling and general costs and for profits. 
 
Article 5 
Sales below cost as sales not in  the ordinary course of trade 
 
1.  The anti-dumping office will take into account sal es made in the ordinary course of trade, to 
determine the normal value.  It treats sales of the like product in the domestic market of the exporting 
country or sales to a third country at price below per unit cost of production (fixed and variable 
production cost, administrative, selli ng and general costs), as not being in the ordinary course of trade 
by reason of price and shall disregard such sales in  determining normal value, only if determines that 
such sales are made:    -  within an extended period of time (nor mally one year, but in no case less than six 
months);  
 -  in substantial quantities. The anti-dumpi ng office will consider sales below per unit 
costs are made in substantial quantities wh en the anti-dumping office establishes that 
the weighted average selling price of inves tigated transactions under consideration for 
the determination of the normal value is be low the weighted average per unit costs, or 
that the volume of sales below per unit co sts represents not less than 20% of the 
volume sold in transaction under considera tion for the determination of the normal 
value; 
 -  at prices which do not provide for the r ecovery of all costs within a reasonable period 
of  time. 
 
If prices which are below per unit costs at the time of sale are above weighted average per unit costs 
for the period of investigation, the anti-dumping office shall consider such prices as providing for 
recovery of costs within a reasonable period of time.    2.  For the purpose of article 4/3, the anti-dum ping office shall normally calculate costs on the 
basis of records kept by the exporter or producer unde r investigation, provided that such records are in 
accordance with the general accepted accounting prin ciples of the exporting country and reasonably 
reflect the costs associated with the producti on and sale of the product under consideration. 
 
Article 6 
Export price 
 
1  The export price is the price actually paid or payable for the product when sold for export 
from the exporting country to the Republic of Albania.  2.  In cases where there is no export price or where the export price is considered unreliable by the anti-dumping office because of association or a compensatory arrangement between the exporter 
and the importer or a third party, the export price may be constructed  
 (a)  on the basis of the price at which the imported products are first resold to an independent 
buyer, or,  
 
(b)  if the products are not resold to an inde pendent buyer, or not resold in the condition as 
imported, on such reasonable basis as the anti-dumping office may determine.  
  G/ADP/N/1/ALB/1 
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 Article 7 
The essential factors to realize the comparison 
 
1.  The essential factors which determine the co mparison price are: sale conditions, taxation, 
levels of trade, quantities, physical character istics, and any other differences which are also 
demonstrated by interested parties to affect pri ce comparability.  As some of the above factors may 
overlap, the anti-dumping office shall ensure that they do not duplicate adjustments.  
 2.  The anti-dumping office shall indicate to the parti es what information is necessary to ensure a 
fair comparison and shall not impose an unreasonable burden of proof on those parties. 
 
Article 8 
Comparison methods 
 
 Subject to the provisions governing fair comparison in article 7/1., the existence of dumping shall normally be established on the basis of a comp arison of a weighted average normal value with a 
weighted average of prices of all comparable e xport transactions or by a comparison of normal value 
and export prices on a transaction-to-transaction basis.   A normal value established on a weighted average basis may be compared to prices of individual export transactions if the anti-dumping of fice finds a pattern of export prices which differs 
significantly among different purchasers, regions or time periods.  In such circumstances, the anti-
dumping office shall explain why such differences cannot be taken into account.  
Article 9 
Conversion of currencies 
  When the comparison requires a conversion of currencies, the anti-dumping office shall make 
such conversion using the rate of exchange on the date of sale.  
  The date of sale shall normally be the date of  contract, purchase order, order confirmation, or 
invoice, whichever establishes the material terms of sale. 
 
 The anti-dumping office shall ignore fluctuations in  exchange rate and sh all allow exporters at 
least 60 days to have adjusted their export prices to reflect sustained movements in exchange rates 
during the period of investigation.   
Chapter II 
Determination of injury and causal link 
 
Article 10 
Determination of Injury 
 
 A determination of injury shall be based  on positive evidence and involve an objective 
examination of:  (a)  the volume of dumped imports; (b)  the effect of the dumped imports on pri ces in the domestic market for like products; 
(c)  the consequent impact of these imports on domestic producers of such products. 
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 Article 11 
Determination of the volume of dumped imports 
 
 With regard to the volume of the dumped imports, the anti-dumping office shall consider 
whether there has been a significant increase in dumped  imports, either in absolute terms or relative to 
production or consumption in the Republic of Albania. 
 
Article 12  
Effects of the dumped imports on prices in the domestic market 
 
1.  With regard to the effects of the dumped im ports on prices in the  market of the Republic of 
Albania, the anti-dumping office shall consider:   -  whether there has been a significant pr ice undercutting by the dumped imports as 
compared with the price of a like product of the Republic of Albania;  
 -  whether the effects of such imports is otherwise to depress prices to a significant 
degree or prevent price increases, which otherwise would have occurred, to a significant degree.  
 2.  When imports of a like product from more th an one country are simultaneously subject to 
anti-dumping investigations, the anti-dumping offi ce may cumulatively assess the effects of such 
imports only if it determines that: 
 (a)  the margin of dumping established in relation to the imports from each country is more than 
de minims and the volume of imports from each  country is not negligible as specified in 
article 18/6 of this law;  
 
(b)  a cumulative assessment of the effects of th e imports is appropriate in the light of the 
conditions of competition between the impor ted product and the like domestic product. 
 
Article 13 
Impact of the dumped imports on the Albanian Industry 
 1.  The examination of the impact of the dumped imports on the Albanian industry concerned 
shall include an evaluation by the anti-dumping offi ce of all relevant economic factors and indices 
having a bearing on the state of the industry, including:  
(a)  actual and potential decline in sales, profits , output, market share, productivity, return on 
investments, or utilization of capacities;  
 (b)  factors affecting domestic prices;   (c)  the magnitude of the dumping margin; 
 
(d)  actual and potential negative effects on cash flow, inventories, employment, wages, growth, 
ability to raise capital or investments. 
 2.  The anti-dumping office shall assess the effects of the dumped imports in relation to the 
Albanian production of the like product when availabl e data permit the separate identification of that 
production on the basis of such criteria as the produc tion process, producers’ sales and profits.  If such 
separate identification of that production is not possi ble, the effects of the dumped imports shall be 
assessed by the examination of the production of the narrowest group or range of products, which 
includes the like product, for which the necessary information can be provided.  G/ADP/N/1/ALB/1 
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Article 14 
Threat of material injury 
 
 The anti-dumping office shall base their determinat ion of a threat of material injury on facts 
and not merely on not proved declarations. 
  When the threat of material injury results  from the dumped imports, the anti-dumping office, 
examining and determining to impose anti-dumping measures, shall consider inter alia  such factors 
as: 
 
(a)  a significant rate of increase of dumped imports;  (b)  a significant depressing effect on Albanian prices, increasing the demand for imports.   
Article 15 
Causal Link 
 
 It must be demonstrated by the anti-dumping office that the dumped products are, through the 
effects of dumping as set forth in the Articles of this chapter, causing injury with in the meaning of this 
law.  The demonstration of a causal link between th e dumped imports and the injury to the Albanian 
industry shall be based on an examination of all relevant evidence before the anti-dumping office.  
The anti-dumping office shall also examine any known factors other than the dumped 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 imports.   
 
PART   III 
The Anti-dumping Office 
 
Article 16 
The anti-dumping office 
  The anti-dumping office, as a public institution under the Ministry covering the Trade, will be 
established to implement the provisions of this law.  The office anti-dumping will be guided by one General Director, who is appointed  and dismissed by the Prime Mini ster.  The anti-dumping office is 
composed of investigating and decision-making structures.  The Anti-dumping Commission, which is 
composed of seven members, makes the decisions  on impose of anti-dumping duties.  The members 
of this commission are proposed by the Council of Ministers and approved by the Parliament for a 
period of six years.    
PART   IV 
INVESTIGATIONS 
 
Chapter I 
Initiation of Investigations 
 
Article 17 
Applications and filling the forms 
 
1.  An investigation to determ ine the existence, degree and effect of any alleged dumping shall 
only be initiated upon a written application by or on behalf of an Albanian industry.  In special G/ADP/N/1/ALB/1 
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 circumstances, the anti-dumping office may initiate an investigation without having received a written 
application by or on behalf of the Albanian indu stry.  In such a case, the anti-dumping office shall 
proceed only if they have sufficient evidence of dum ping, injury and causal li nk, within the meaning 
of Part II of this law, which make the legal base to initiate an investigation. 
 
2.  Applications shall be submitted to  the anti-dumping office in specify form. 
 3.  An application under par. 1 shall include ev idence of dumping, injury and causal link, within 
the meaning of Part II of this law.   
Article 18 
Decision to initiate an investigation 
 
1.  The anti-dumping office shall examine the accura cy and adequacy of the evidence provided in 
the application to determine whether there is su fficient evidence to justify the initiation of an 
investigation.  
 2.  The customs must give the needed requ ested information to the anti-dumping office.  
 3.  The anti-dumping office shall initiate an inves tigation only after having  determined that the 
application is made by or an behalf of the Alba nian industry and there is sufficient evidence of 
dumping injury and causal link within the meaning of Part II of this law. 
  If the anti-dumping office is satisfied that th e conditions of this paragraph are not fulfilled, 
they shall notify the applicants of the r easons for not initiating the investigation. 
 
4.  The anti-dumping office shall normally deci de whether or not to initiate an anti-dumping 
investigation within 60 days of the date of the a pplication.  When the applications involve complex 
issues, or the anti-dumping office have sought addi tional information from the applicant, the time 
period may be extended to 60 days.  5.  Any application may be withdrawn prior to initiation of the investigation, in which case it 
shall be considered not to have been made. 
 6.  The anti-dumping office shall not initiate an  investigation with respect to given allegedly 
dumped product, if, from information reasonably ava ilable, they determine that the margin of 
dumping is less than two per cent, or that the volume of dumped imports, actual or potential, is 
negligible.  
  The volume of data import shall be regarded as negligible if the volume of the imports from a 
particular country represents a market-share of be low 3% of Albanian consumption, unless countries 
whose individual imports represent a market-share of below 3% of the Albanian consumption, 
collectively account for a market-share of l ess than 7% of the Albanian consumption. 
 
Article 19 
Application made "by or on be half of the domestic industry” 
 
 For purposes of this law, an application shall be considered to have been made "by or on 
behalf of the domestic industry" only if: 
 (a)  it is supported by those Albanian producers whose collective output constitutes more than 
50% of the total production of the like product produced by the portion of the Albanian industry expressing either support for or opposition to the application;  G/ADP/N/1/ALB/1 
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(b)  Albanian producers expressly supporting the application account for no less than 25 % of 
total production of the like product by the Albanian industry. 
 
Article 20 
Publication of the request 
 
1.  The anti-dumping office shall avoid, unl ess a decision has been made to initiate an 
investigation, any pub licizing of the application for th e initiation of the investigation. 
 
2.  After receiving the application which is made  according to art. 18 the anti-dumping office 
must notify the respective government of the exporting country.  
Article 21 
Notify the initiation of the investigation 
  When the anti-dumping office have decided to initiate an investigation, it shall give public 
notice of the initiation of the investigation in the written daily media and/or in the Official Journal of the Republic of Albania, and notify the initiation of  the investigation to the States the products of 
which are subject to such investigation and to the in terested parties known to have an interest therein. 
 
Chapter II 
Conduct of Investigations 
 
Article 22  
General provisions 
 1.  The anti-dumping office shall, except in special circumstances, conclude anti-dumping 
investigations within one year, and in no case more than 18 months, after their initiation. 
 2.  An anti-dumping procedure shall not hinder the procedures of customs clearance.  Once 
measures are adopted, no additional formalities other than those required for the application of these 
measures shall be applied. 
 3.  Any information which is by nature confiden tial, shall, upon good cause shown, be treated as 
such by the anti-dumping office.   
Article 23 
The right of the interested parties to be informed 
 
 The anti-dumping office shall establish and maintain a public file relating to each 
investigation or review.  The public file shall be  available to the general public for review and 
copying.  
 
Article 24 
Gathering the information 
 
1.  Upon initiation of the investigation, the anti-dumping office shall send questionnaires to any 
person they believe may have info rmation relevant to the investigation, including known domestic 
producers, importers, exporters  and foreign producers. 
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  The exporters and foreign producers receiving qu estionnaire, must answer in written within 
40 days form the date on which the questionnaire was sent to the appropriate diplomatic or official 
representative of the exporting country.   2.  In order to verify information provided or to obtain further details, the anti-dumping office 
may carry out investigations in the territory of other countries as required, provided that the firms 
concerned and the government of the country in ques tion, previously officially notified, gives their 
consent.   
Article 25 
Hearings 
 
1.  There shall be no obligation on any interested party to attend a hearing, and failure to do so 
shall not be prejudicial to that interested party’s case.   
2.  Interested parties shall also have the right, on justification, to present other information orally 
during meetings with officials of the anti-dumping office.  Oral information shall be taken into 
account by the anti-dumping office only in so far as it is subsequently reproduced in writing (or 
recorded) and made available to other interested parties.  
Article 26 
Contribution of the consumer associations and industrial users 
 
  The anti-dumping office shall provide opportunities for industrial users of the product 
under investigation in the Republic of Albania and for representative consumer organizations in cases 
where the product is commonly sold at the retail level in the Republic of Albania, to provide 
information or submit arguments con cerning matters relevant to the investigation, inclosing interest of 
the Republic of Albania in imposing measures. In formation and arguments shall be provided in 
writing.   The anti-dumping office shall allow industr ial users of the investigated product and 
representative consumer organizations to make oral  presentations at any hearing held during the 
course of the investigation.   
 
Article 27 
Final determination 
 
1.  The anti-dumping office shall, at least 30 days  before the final determination is made, inform 
all interested parties in writing, subject to the requ irement to protect confidential information, of the 
essential facts under consideration which form the b asis for the decision whether to apply definitive 
measures.   Interested parties shall submit comments in wr iting within 15 days of the communication. 
 
2.  An investigation shall be concluded by a fina l determination, whether affirmative or negative. 
The anti-dumping office shall issue a public notice of the final determination.  The notice shall 
include all relevant information on the matters of fact and law a nd reasons that have led to the 
determination, due regard being given to the requirement for the protection of confidential 
information. 
  The notice shall be published in the daily written media and/or in the Official Journal of the 
Republic of Albania and shall be forwarded to the Country the products of which are subject to such 
determination and to other known interested parties.  G/ADP/N/1/ALB/1 
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3.  After the final determination has been issu ed, the anti-dumping office shall, on request made 
within 15 days of the publication of the final de termination, hold separate disclosure meetings with 
exporters or producers requesting such a meeting,  to explain the dumping calculation methodology 
finally applied for those exporter’s or producer’s products. 
 
Chapter 3 
Conclusion of the Investigation 
 
Article 28 
Provisional Measures 
 
1.  The anti-dumping office may impose provisional measures if an investigation has been 
initiated in accordance with the provisions of Article 17, a public notice has been given to that effect, 
the interested parties have been given adequa te opportunities to submit information and make 
comments, a preliminary affirmative determination has been made of dumping and consequent injury 
to a domestic industry, and the interest of the Republic of Albania determine that provisional 
measures are necessary to prevent injury being caused during th e investigation. 
 2.  Provisional measures shall take the form of a provisional duty or, preferably, a security - by cash deposit or bond - not greater than the pr ovisionally estimated margin of dumping. 
 
3.  Provisional measures shall not be applied soone r than 60 days from the date of the initiation 
of investigation.  4.  Provisional measures shall be applied for a period not longer than six (6) months from the 
date of the initiation of investigation. 
  The anti-dumping office may, upon request by e xporters representing a significant percentage 
of the trade involved, extend the period of appli cation of provisional duties to a period not exceeding 
nine months.  
5.  The provisions of Article 32 shall be follow ed in the application of provisional measures. 
 
Article 29 
Undertakings 
 
1.  The anti-dumping office may suspend an inv estigation without the imposition of provisional 
measures of anti-dumping duties upon receipt of satisfactory voluntary undertakings from any 
exporter to revise its prices or to cease exports to the area in question at dumped prices so that the 
anti-dumping office are satisfied that the injuri ous effect of the dumping is eliminated. 
 2. Price undertakings may be suggested by the anti-dumping office, but no exporter shall be 
forced to enter into such an undertaking.  The fact that exporters do not offer such undertakings, or do 
not accept an invitation to do so, shall in no wa y prejudice the consideration of the case. 
 3.   The anti-dumping office may require an y exporter from whom undertakings have been 
accepted to provide periodically information relevant to the fulfilment of such an undertaking, and to 
permit verification of pertinent data.  The communicati on of these data shall be subject to the relevant 
provision on confidentiality.  Failure to provide in formation requested by anti-dumping office may be 
deemed to be a violation of the undertaking.  G/ADP/N/1/ALB/1 
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 Article 30 
Rejection of undertakings 
 
1.  Prices undertakings  shall  not be sought or accepted from exporters unless the anti-dumping 
office has made a preliminary affirmative determination  of dumping, injury, and causal link.  
 
2.  Undertakings offered are not accepted if th e anti-dumping office considers their acceptance 
impractical.  If the anti-dumping office decides not to  accept an undertaking, they shall provide to the 
exporter the reasons which have led to consider ac ceptance of an undertaking as inappropriate.  The 
anti-dumping office shall, to the extent possible, give exporters an opportunity to make written 
comments thereon. 
 
Article 31 
Violation of undertaking 
 
 If an undertaking is violated, the anti-dumping o ffice may, in conformity with the provisions 
of this law, take expeditious actions which may constitute imme diate application of provisional 
measures using the best information available. In  such cases, definitive duties may be levied in 
accordance with this law on goods entered for consum ption not more than ninety days before the 
application of such provisional measures, except that  any such retroactive assessment shall not apply. 
 
Article 32 
Termination With out Adoption of Measures 
 
1. An application may be withdr awn at any time after an investigation has been initiated, in 
which case the anti-dumping office shall terminate the investigation without measures, unless it 
determines that it is in the interest of the Repub lic of Albania to continue the investigation. 
 2. An investigation shall be terminated promptly  at any time the anti-dumping office is satisfied 
that there is not sufficient evidence of their dumping or injury to justify proceeding with the case or 
when the anti-dumping office determine that the dump ing margin is de minims, or that the volume of 
dumped imports, actual or potential , of the in jury, is negligible under the art. 18/6. 
 
Article 33 
Imposition and collection of Anti-dumping Duties 
 
1. When the anti-dumping office has determined th at all requirements for the imposition of anti-
dumping measures have been fulfilled, it shall ex amine whether the imposition of such measures 
would be in the interest of the Republic of Albania.  Consideration of the interest of the Republic of 
Albania shall include, in addition to the interest of  the Albanian industry concerned, the situation of 
domestic competition for the product unde r investigation, the needs of in dustrial users and the interest 
of final consumers where applicable.  
2.   Anti- dumping duties shall take the form of ad valorem, specific or variable duties. 
 3.   Anti- dumping duties shall be imposed in  addition to other import duties levied on the 
imported products concerned.  An ti-dumping duties shall be collected by the customs authorities in 
appropriate amounts in each case, on a non discrimin atory basis on imports of such product from all 
sources found to be dumped and causing injury, except as to imports from those sources from which 
price undertakings under the terms of this law have been accepted.   G/ADP/N/1/ALB/1 
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 Article 34 
Retroactivity 
 
1.  Except as provided for in art. 31, provisiona l measures and anti-dumping duties shall only be 
applied to products which enter into the Republic of  Albania for consumption on or after the date of 
publication of an affirmative preliminary or final determination in an investigation. 
 2.  Where the anti-dumping office make a final determination of injury, but not of a threat thereof or of material retardation of  the establishment of an industry or, in the case of a final 
determination of a threat of injury, where the an ti-dumping office consider that the effect of the 
dumped imports would, in the absence of the provi sional measures, have led to a determination of 
injury, definitive anti-dumping duties may be levied  retroactively for the period for which provisional 
measures, if any , have been applied. 
  If the definitive anti-dumping duty, is higher or lower than the amount estimated for the 
purpose of the security, the difference shall be releas ed in the case of a bond, or reimbursed, with an 
appropriate amount for interest, in the case of a cash deposit.   Where the anti-dumping office make a negative final determination, any security provided 
during the period of application of the provisional measures shall be released within 45 days.   
 
PART   V 
Duration, Review and Refunds 
 
Article 35 
Duration 
 
1.  An anti-dumping duty shall remain in force only as long as and to the extent necessary to 
counteract dumping which is causing injury.  2.  Any definitive anti-dumping measure shall be te rminated on a date not later than five years 
from its imposition or from the date of the most rece nt review under following par. if that review has 
covered both dumping and injury.  The anti-dumping office shall, in the course of the year preceding the expiry of the measure, publish a  notice of impending expiry of anti-dumping measures in the 
Official Journal of the Republic of Albania and in  a domestic newspaper widely disseminated in the 
Republic of Albania.  However, definitive measu res may not expire if the anti-dumping office 
determine, in a review initiated be fore the date of expiry on its  own initiative or upon a duly 
substantiated request made by or on behalf of the Albanian industry within 45 days from the public 
notice of impending termination of the definitive anti-dumping measures concerned, and no later than 
90 days before the date of expiry of the measures, th at the expiry of the duty would be likely to lead to 
continuation or recurrence of dumping and injury .  The duty may remain in force pending the 
outcome of such a review. 
 
Article 36 
Review 
 
 The anti-dumping office shall review the need for the continued imposition of the duty, where 
warranted, on [their] /own initiative or, provided that  a reasonable period of time has elapsed since the 
imposition of the definitive anti-dumping duty, upon a written request submitted by any interested party which contains positive information substant iating the need for review.  The anti-dumping 
office shall notify the interested parties.   G/ADP/N/1/ALB/1 
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  In conducting a review under this article, the anti-dumping office shall , upon request from 
any interest party, examine whether the continue d imposition of the duty is necessary to offset 
dumping, whether the injury would be likely to conti nue or recur if the duty were removed or varied, 
or both.  If, is a result of a review under this Article, the anti-dumping office determine that the anti-
dumping duty, is no longer warranted, it shall be terminated immediately. 
 
Article 37 
Refunds 
 
1.  An importer shall be granted a refund of du ties collected by custom s authorities if the anti-
dumping office determines that the dumping margin, to  the basis of which duties were paid, has been 
eliminated or reduced to a level which is  below the level of the duty in force. 
 2.  The importer shall submit an application for the refund of anti-dumping duties collected, 
within 6 months form the date customs authoriti es have proved the final amount of taxes to be 
collected, or from the date the decision on final co llection of the cash depos it as provisional measures 
has been made.   The application shall contain information on the amount of refund of anti-dumping duties 
claimed for the period and all customs relating to the calculation and payment of such amount.  It 
shall include evidence of normal value and export pri ces to the Republic of Albania for the exporter or 
the producer to which the duty applies. In case the importer is not associated with the producer or 
exporter and such information is not immediately ava ilable, or where the producer or the exporter is 
unwilling to release it to the importer, the applicati on shall contain a statement from the producer or 
exporter that the dumping margin has been reduced or eliminated and that the relevant supporting 
evidence will be directly provided to the anti- dumping office.  Where such evidence is not 
forthcoming from the exporter or producer within a re asonable period of time, the application shall be 
rejected.  3.  When investigating pursuant to an application for refund, the anti-dumping office shall apply the relevant provisions of this law to [their] determinations.  In pa rticular, when determining whether 
and to what extent a refund should be made when th e export price is unreliable pursuant to art. 6/2, 
the anti-dumping office shall take account of any ch ange in normal value, any change of costs 
incurred between importation and resale.   The anti-dumping office shall provide the importer making the request with a detailed 
explanation of the reasons for the decision concerning the request for refund.  
 
4.  Refunds of duties shall normally take place within 12 months and in no case more than 18 
months, after the date on which an application for a refund was made.  Any refund authorized, plus a 
reasonable amount for interest, shall be made within  90 days of the decision to grant a refund.  The 
observance of the time-limits mentioned in th is paragraph may not be possible where the 
determination to apply the duties in question is  subject to judicial review proceedings.  
 
 
PART   VI 
Judicial Review and Sanction 
 
Article 38 
Judicial Review 
 
 Any interested party who participated in an investigation, review or refund procedure may 
seek, through discussions, a prompt review of decisions taken by the anti-dumping office relating to  G/ADP/N/1/ALB/1 
 Page 15 
 
 
 final determinations, reviews of de terminations and refund determinations and if in the end of the 
negotiations, the party judges its request has not been  taken into account unreasonably, it has the right 
to address to the competent court, according to the provisions of the Civil Procedure Code. 
 
Article 39 
Sanctions 
 
 Penalties of not less than 100.000 Lek and not more than 400.000 Lek will be applied to the 
parties involved in the investigation not offering the available information upon the reasonable request 
of the anti-dumping office during the investigation,  according to the article 24/1 to this law.  
 
 
PART   VII 
Final Provisions 
 
Article 40 
International Obligations 
 
 This law will be implemented in compliance to the obligations that Albania will have as a 
member of WTO and especially in compliance to the Agreement on implementation of Article 6 of 
GATT 1994, “On Anti-dumping measures”.  
 
Article 41 
   The Council of ministers is charged to issue the bylaws concerning with: - the organization and function of the Anti-Dumping Office; 
- the definition and fulfilment of the application – forms; 
- the content of the public notice for the initiation of the investigation; - the confidential information; - the public file (registry) of the anti-dumping office; - the notice of the final decision.  
Article 42  
  This law comes into force 6 months af ter the publication in Fletorja Zyrtare. 
 Proclaimed with the decree no. 2341, dt. 2.4.1999 of the President of the Republic of Albania, 
Rexhep Meidani. 
 
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