WORLD TRADE  
ORGANIZATION  G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 3 December 2007 
 
(07-5298) 
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 
 
  The following communication, dated 27 November 2007, is being circulated at the request of 
the Delegation of Albania.  
_______________ 
 
  In accordance with Article 18.5 of the Agreement on Implementation of Article VI of the GATT 1994, and in accordance with Article 32.6 of the Agreement on Subsidies and Countervailing Measures, the Government of Albania is notif ying to the Committee on Anti-Dumping Practices and 
to the Committee on Subsidies and Countervailing Measures, that the new law No. 9796, dated 
23 July 2007 "On Antidumping and c ountervailing Measures" has been20 approved by the Parliament 
of the Republic of Albania.     The Law No. 8466 dated 24 March 1999 "O n Antidumping", notified in the document 
G/ADP/N/1/ALB/1, dated 24 March 2005, has been repealed.   
  G/ADP/N/1/ALB/2 
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REPUBLIC OF ALBANIA 
PARLIAMENT 
 
L A W 
 
No. 9796, dated 23.7.2007 
 
On Antidumping and Countervailing Measures  
 
 Pursuant on 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 for the rules of procedure a nd conditions for determining and implementation 
of the antidumping and countervailing measures, for the protection of the local industry and production, where they are harmed and hindered by the unfair practices of international practice, by 
means of the 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 property injury, which is caused to the Albanian industry, the threat for injury 
or hindering of Albanian industry.   
 3. "Ministry" is the ministry covering the trade, tasked with 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" is the entirety of Albanian  manufacturers of the like products or only that 
part of manufacturers, the joint product of which cons ists the majority of the local total production of 
these products;    G/ADP/N/1/ALB/2 
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  6. "Commission for evaluation of measures on imports", hereunder "commission", is the state 
collegial authority determining the an tidumping or countervailing measures;   
 7. "Dumping margin" is the difference between th e export price and the nominal value, based on 
the comparison in accordance with the provisions of this law;   
 8. "Interested parties" are:     a) foreign exporters or manufacturers 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 manufacturers of the like product;   
 dh) associations of business or trade, the ma jority of the members of which produce the 
local like product.   
 9. "Like products" are the products with entir ely same characteristics with the product under 
investigation or, in absence of this product, anot her product, which, although not entirely the same, 
has very similar characteristics to those of the product under investigation.   
 
10. "Product under investigation" is the product,  subject to investigation for antidumping or 
countervailing measures, as it is explained in th e data for institution of investigation.   
 11. "Connected manufacturers" are the Albanian manufacturers, connected to the exporters or 
importers, where one of them, directly or indirectly, controls the other, 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 value of 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 being member of World Trade Organisation.    15. "Normal value" is the comparable, paid or payable price, from independent purchasers, for the 
similar product, under normal circumstances of processing, where the product has been determined 
for consumption, in the country of origin or exporting country.    G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 Page 4 
 
 
  CHAPTER II 
 
DETERMINATION OF DUMPING  
 
Article 3  
General principles  
 
1. Antidumping measure shall apply to every pr oduct, subject to dumping, the import of which 
into the Republic of Albania causes injury or  threatens to injure the local industry.   
 2.  Dumping exists where the export price of product, subject to dumping, exported into the 
Republic of Albania, is lower than the comparable price for the similar product, determined for 
consumption, under normal ci rcumstances of trading 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, th e 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 similar product, be determined based on the prices of  manufacturers or other sellers.  
At the same time, the prices among the parti es, which seem to be connected or have a 
compensatorying agreement with each other, shall be treated as being under abnormal conditions of trading and shall not be used for determining the normal value, as long as it has not been established 
that these prices are not impacted by these connections.   
 
2 As sufficient quantity of the similar products in the internal market of the exporting country 
for the determination of the normal value shall be co nsidered the quantity of 5 percent 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 investig ation, where, under the normal conditions of 
trading in the internal market of exporting country, there are no sales of the si milar 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, under normal trading circumstances,  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 under the cost, as sales under  
abnormal trading circumstances  
 
 In determining the normal value, the Ministry takes into account the sales under normal circumstances.  The sales of the similar product in the intern al market of the exporting country or 
sales in a third country, with a lower price than the total cost for production unit, shall, due to the  G/ADP/N/1/ALB/2 
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  price, be treated as sales under abnormal trading ci rcumstances 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 percent 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.   
  If the prices under the cost per unit are, at the ti me 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, as a rule, calculate two kinds of costs based on the data from the exporter 
or manufacturer under investigation and from the inju red entity/ies, having filed complaints, provided 
that the data be in compliance with the general principles of accounting in the exporting country and 
reflect, reasonably, the costs connected to the product and to the sales of the product under investigation.   
 
2. The value of total, administrative and sales,  costs, as well as the profit value shall be 
calculated based on the data in the moment of calcu lating the cost.  These values are connected to the 
production and sales under normal trading circumstan ces of the similar product by the exporter or 
manufacturer under investigation.  Where the values can not be determined on this basis, they shall be 
determined based on:   
 
 a)  weighted average of the values at that moment, determined for other exporters or 
manufacturers, being subject to investigation, manufacturing and selling the similar product in the market of the country of origin;   
 b)  values at that moment, applicable for the production and sale, under normal trading 
circumstances, of the same general category of products, for the exporter or 
manufacturer in question, in the market of country of origin;   
 c)  every other reasonable method, ensuring that the value determined for profit does not 
exceed the profit achieved normally by other exporters or manufacturers, in the course of the sales of products of the same general category, in the 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, along with the normal value,  determine also the export price, in the sense 
of point 1, Article 2, of this law.   G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 Page 6 
 
 
  2. The ministry shall, where the export price is missing or this price is evaluated as not precise, 
due to a compensatory agreement between the exporter and the importer or a third party, calculate the 
price in accordance with the following criteria:    
 a)  based on the price, with which the im ported products have been resold to an 
independent purchaser;   
 b)  with a reasonable price, which is determ ined by the ministry, where the products have 
not been resold to an independent purchaser  or they have not been resold in the 
condition in which they were imported.   
 
 In these cases, there shall, within the export pr ice, be calculated all the costs, including duties 
and taxes, as well as the profits, stemming between the importing and re-selling.  In this framework, 
there shall be taken into account such items of cost, as:    
 i) cost of transport, insurance, loading-unloading and ancillary cost;   
 ii) customs duty, every anti-dumping tax, other taxes and additional fiscal duties;    iii) cost of sale, administrative and total cost, as well as profit.    
Article 8  
Comparison of normal value  
to export price 
 
1. In order for the normal value and the export pr ice to be comparable, the comparison should be 
done at the same trading level, normally at the leve l of manufacturing.  In the course of comparison, 
there have to be taken into account the physical characteristics of the product, quantity and terms of 
sales, done at that moment or in the closest po ssible time, as well as other changes which have an 
impact on the comparison.    2. If the normal value and the export price are not comparable, they shall, based on the characteristics determined in point 1 of this Article , be adjusted and regulated, taking into account the 
changes in characteristics, for whic h there has been claimed and established to have an impact on the 
prices and on the comparison of prices.  The ch aracteristics, concerning which adjustments are 
allowed, are:     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 taxes and indirect taxes.  Adjustment of changes in import taxes and indirect 
taxes have to take into account that the product has been imported into the Republic 
of Albania and as such, some of the import ta xes 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 tax 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 connected directly to the sales 
in question;    G/ADP/N/1/ALB/2 
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   ç) trading level.  The adjustment of diff erences in the trading level, 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 worked out 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, and loading-unloading and ancillary costs.  The 
adjustment shall be done for the differences in the directly connected costs, incurring 
in the course of transport of the product in question from the buildings of the exporter 
to an independent purchaser, where such co sts have been included in the established 
prices.  These costs shall include the cost of transport, insurance, trading loading-
unloading and ancillary costs.   
 dh) packing.  The adjustment shall be done for the differences in the cost of packing, 
connected directly t the product in question.  
 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 purchasers, regions or different time peri ods and where the methods determined in this 
point do not reflect the complete level of practiced dumping.   
 
 In case the margin of dumping is changeable, th ere can be used the weighted average of all 
the calculated margins.     G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 Page 8 
 
 
  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 local industry.   
 
Article 11  
Determination of subsidy  
 
 In the sense 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:   
  i)  makes public payments, w ith the consequence of direct transfer of funds as credit, 
aid, loan, capital entry, eventual direct tran sfers of funds or guarantees on the loans;   
 ii)  gives up the collection of payments, which were due to it or it does not collect these 
liabilities, in the event of fiscal incentives,  as taxation credit, in accordance with the 
provisions of Article XVI of GATT, 1994;   
 iii)  ensures different goods or services from th e general infrastructure or buys the goods;   
 iv)  makes payments into a financing mechan ism or tasks or orders a private entity to 
perform one or many of the functions mentioned in sub-paragraphs "i",  "ii" and "iii" above, 
which by law belong to the Government and the accomplished activity must, in essence, not 
differ from the practices followed by the Government.   
b) there exists any form of income or pr ice support, in accordance with Article XVI of 
GATT, 1994;   
c) in this way, there is attained a benefit.     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 crite ria 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  G/ADP/N/1/ALB/2 
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  conditions have to be e xplained in detail in law or/and in ot her official documents, which may be 
verified.     Where it is deemed that there is a specifi c subsidy, despite the non-existence of the 
specification mentioned in the above paragraph, ther e can be taken into account other factor, for e.g., 
the use of a program of subsidies by a limited nu mber of enterprises, evident productivity of certain 
enterprises, granting of subsidies beyond the limits  which are evaluated high for certain enterprises, 
way how the granting authority has exercised its pow er 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.    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 connected to the 
benefits from the present or expected exports.   
 
b) conditioned subsidies, havi ng an impact on the use of local 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 institution 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:   
 G/ADP/N/1/ALB/2 
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   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 
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 sh all be calculated per subsidised product unit, 
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 entity requesting the deduction should be convincing in his request.    
4. Where the subsidy is not granted proportiona l to the fabricated, 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 shall be evaluated as a loan without interest 
and it shall be dealt with in accordance with provis ions of letter "b" of Article 14 of this law.   G/ADP/N/1/ALB/2 
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  Article 16 
Ways of calculating the  
subsidy amount 
 1. The amount for subsidising a foreign ma nufacturer or exporter for the product under 
investigation shall be calculated for every investigat ed subsidy or program for subsidy, in accordance 
with point 2 of this Article.  The total of these am ounts for subsidy or subsidy program shall be the 
total amount of subsidising the manufactu rer or exporter of this product.   
 
2. The commission shall, in calculating the amount of subsidy of some foreign manufacturers 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 manufacturer or exporter from 
a subsidy or program of a certain subsidy, as well 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 manufacturer or exporte r, to which there shall be attributed the 
period of investigation of subsidy.   
 
Article 17  
Calculation of the amount of  
specific subsidy 
 1. The commission shall, as a rule, determine an  amount of specific subsidy for each foreign 
known manufacturer or exporter, working 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, manufacturers, interested impor ters of kinds of products is very high, restrict 
the investigation to a number of interested parti es or products under investigation, making use of 
statistically valid examples, based on the data availa ble at the time of selection, or up to the highest 
percentage or the region of export from that count ry, which can, reasonably, be investigated.   
 3. Every selection from the exporters, manufacturers, interested importers of the kinds of products, done in accordance with point 2 of this Ar ticle, shall be done following the consultations 
with exporters, manufacturers 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 subsidy for each foreign, known manufacturer 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 manufacturers is high, so that the sp ecific 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 manufacturers.   G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 Page 12 
 
 
  CHAPTER IV 
 
EVALUATION OF INJURY CAUSED BY DUMPING OR  
SUBSIDY AND CASUAL CONNECTION  
 
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 injury to the local industry, but also where it causes the evident 
slowdown of the development or hinders the establishment of such industry.    
2. The determination of damage shall be b ased on the data of industry and includes the 
consideration 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 similar products in the market 
of Republic of Albania;   
 ç) further impact of these imports on the lo cal manufacturers of the similar 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.   
 
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 eviden t increase of subsidised imports, be it in absolute 
terms or compared to the production or consumption in the Republic of Albania.    2. With regard to the effects of dumped or subs idised imports in the prices in the local market, 
the ministry examines:    
 a) whether there has been an y evident reduction in price leading to the interruption of 
the manufacturing of the like product;   
 b) whether there has been hindered, at an  evident rate, the increase of prices, which 
normally hand to happen.   
 
Article 20 
Accumulation 
 
 Where imports of similar 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 respective ministry determines that:   
  G/ADP/N/1/ALB/2 
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   a) margin of dumping or amount of subs idies, put on the imports by each country, is 
higher than the minimal, as it has been determ ined in Article 27 of this law and that 
the volume of imports from each country is considerable;   
 b) the summarised evaluation of the effects of imports, with regard to the competition, 
through the imported products and local similar products, is appropriate.   
 
Article 21  
Examination of impact of volume of dumped or subsidised  
imports on the local industry 
 
1. The commission shall, in the course of cons ideration of impact of volume of dumped or 
subsidised imports on the Albanian industry, eval uate all the stakeholders and respective economic 
indicators having an impact on the industry, such as:    
 a) current or potential reduction of sales , profits, production, possession of market, 
productivity, returns from investments, as  well as utilisation of the capacity;  
 b) factors, having an impact on the local prices;   c) negative, real and possible effects on the cash influx, 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 similar products, based on the data which make possible the identification of that product, according to the process of production, sales and profits of the manufacturer.  Where for the 
product such an identification is not possible, the eff ects of the dumped or subsidised imports shall be 
evaluated examining the production of the closest gr oup of products, including similar products, for 
which there can be ensured the necessary data.   
 
Article 22 
Threat to material injury 
 
1. The threat for material damage shall be de termined in a situation during which there can 
happen an essential damage.    2. The commission determines the existence of the th reat for material damage based on the facts.   
 
3. The commission shall, in determining the exis tence of the threat for material damage, in 
addition to the factors mentioned in Article 21 of this law, examine also the following factors:   
  a) kind of subsidy/ies and eventual effects on the market;    b) rate of dumped or subsidised imports increase, to see the increase of this increase 
rate;   
 c) prices of imports, to precede a discriminating effect of prices of Albanian products, 
which would increase the demand for further imports;   
 ç) capacity growth of exporters, which w ould increase considerably the entry into the 
local market of the dumped or subsidised  imports, taking into account other export 
markets, which could abso rb additional exports;   
 d) offer or inventory of products under investigation.   
 4. Where it is established that there exists a th reat to injury, caused by  dumped or subsidised 
import, the commission takes decisions on the impl ementation of the antidumping or countervailing 
measures.   G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 Page 14 
 
 
  Article 23 
Casual connection 
 
1. The commission establishes, following the consid eration of the respective data pertaining to 
the factors determined in Articles 18-22 of this la w, the existence or not of the casual connection 
between the dumped or subsidised imports and the in jury or threat to essentia l injury of the local 
manufacturers.    2. The commission, in addition to the dumped  or subsidised imports, examines also other 
factors, which, simultaneously, harm the Albanian industry and the injuries caused by them should not 
be attributed to the dumped or subsidised imports . Among the other factors, which could injure or 
threaten to injure, are:     a) volume and prices of the export, which is not dumped or subsidised, of a certain 
product;   
 b) reduction of demand or cha nge of consumption models;   
 c) practices restricting the trade and competition between the local and foreign 
manufacturers;   
 ç) technological developments;    d) exports done and productivity of the local industry.   
 
 
CHAPTER V 
 
INVESTIGATION AUTHORITIES 
 
Article 24 
  The ministry covering the trade is the ins titution responsible for the implementation of the 
provisions of this law for the regulatory in struments in the international trade.   
 
Article 25 
Commission for evaluating measures  
on imports 
 
1. The examination of anti-dumping, countervailing measures and protective measures on 
imports, in accordance with this law, shall be done by the commission for the evaluation of measures 
on imports, which has been set up and is operational,  respectively, in accordance with Article 4 and 5 
of the law no 9790, dated 19.07.2007 "O n protective measures on imports".   
 2. In addition to the powers set out in Artic le 6 of the law no 9790, dated 19.07.2007 "On 
protective measures on imports", the commission draf ts the rules of application and procedures of 
antidumping and countervailing measures.   
  G/ADP/N/1/ALB/2 
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  CHAPTER VI 
 
INSTITUTION 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 connection between them star ts 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 all local manufacturers, of similar 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 similar product and the 
volume and value of the similar product, manufactured by the applicant or every 
other identified Albanian manufacturer;  
 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 manufacturer 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 connection between the dumped or s ubsidised imports and the injury caused to 
the local 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 local similar products in the Albani an market, as it has indicated by the factors 
and the respective indicators, having an impact on the situation of Albanian industry.   
 
Article 27  
Decision to institute investigation 
 
1. The ministry shall, after examining the preci seness 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 institution of investigation.   
 2. Where the commission starts to institute an  investigation without having received any written 
request from/or on behalf of the local industry, the decision shall be based on sufficient data for the dumping or subsidy, injury and casual connection, in accordance with Chapter IV of this law.   
 G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 Page 16 
 
 
  3. In making a decision for the institution of the investigation there sha ll be taken into account 
also the data on the dumping or subsidy and the in curred damage.  The application for the institution 
of investigation shall be rejected, if there are no sufficient data to justify the continuation of proceedings.  There shall not be undertaken actions  with regard to countries, the imports of which 
represent a market share of less than 1 percent, onl y if these countries, jointly, are calculated to be 
more than 3 percent of the local consumption.    4. The investigation shall not be instituted 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 local industry;    b) extent of support or opposition to the re quest for application has been expressed by 
the local industry of the local product.   
 
5. The application shall be evaluated to have b een done "by/or on behalf of the local industry", 
only if it is supported:     a) by Albanian manufacturers, the joint pr oduction of whom consists more than 50 per 
cent of the total production of the similar product, manufactured by the manufacturers 
who have expressed themselves in favour  or against the application;   
 b) by Albanian manufacturers, expressing themselves in favour of the application, the 
production of which consists not less than 25  per cent of the total production of the 
similar product of the Albanian industry.   
 6. Every application can, in accordance with the pr ovisions of this article, be withdrawn prior to 
the institution of investigation. In this case it is  considered not to have been submitted.   
 7. Where the commission decides not to institute the 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 institution or omission 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 institute any investig ation for that imported product, where it is 
claimed that it is:   
  a) subject to dumping, if according to th e collected data it is established that the 
dumping margin is less that 2 percent or th e current and potential volume of dumped 
imports is insignificant;   
 b) subsidised, if with regard to the data collected it is established that the amount of 
subsidies is less than 2 percent or the current or potential volume of subsidised 
imports is insignificant.   
 
Article 28  
Notification of institution of investigation 
 
1. Upon reception of the notification from th e commission for instituting an investigation 
procedure, the ministry shall:    G/ADP/N/1/ALB/2 
 G/SCM/N/1/ALB/2 
 Page 17 
 
 
   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 high 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 institution 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 
institution.    2. The procedures on antidumping or countervailing measures should not hinder the customs 
authorities. Upon taking of measures, there shall be  not be accomplished an other additional formality, 
except those connected to the impl ementation 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;   
 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 a ppropriate for public notification.   
 
 The file shall be made available to the in terested parties at every point, during the 
investigation as well as review, or judicial proceedings.   G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 Page 18 
 
 
  Article 31 
Collection of data 
 
1. The commission shall, upon institution of the investigation, have the obligation to send, 
through the ministry, a questionnaire to every person , who in its opinion, could have data on the case 
under investigation, including the known local  manufacturers, importers, exporters, foreign 
manufacturers and governments of countries, the pr oducts of which are under investigation.   
 2. The commission shall allow the exporters, fo reign producers and those of the interested 
countries receiving the questionnaires at least 45 days to  respond.  This time limit shall be calculated 
from the day of sending the questionnaire or from the day when it was sent to the diplomatic or 
official representation of the exporting country.  Th e commission shall take into account, if available 
and grounded, the request for extending the time period for providing the response.  The questionnaires shall be written in two lan guages, in Albanian and English.   
 
3. The commission can, through the ministry, request in the course of investigation, from the interested parties additional data, in the form  of questionnaires or written requests, additional 
clarifications or data.  In this case the commissi on 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 the 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.   
 
Article 33  
Contributions of the consumers  
and users association 
 
 The ministry shall provide the possibility to the applicants, government and 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 in question, as a specific internal doc umentation, necessary for the representation of their 
cases, which is not confidential, in the sense of Ar ticle 48 of this Article.  The parties are entitled to  G/ADP/N/1/ALB/2 
 G/SCM/N/1/ALB/2 
 Page 19 
 
 
  provide their opinions on these data and they shall be  taken into account only if they are satisfactorily 
provable.   
 
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 temporary measures.  At the sa me 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 temporary tax has been applied, not later than one month after the publication/disclosure of application of this tax.  In case where a temporary tax 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.  Where the commission can not discover 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 data pertaining to facts, law and reasons which le ad to this decision, taking care of preserving the 
confidential measures and specifically for:    
 a) names of exporters and known manufacture rs 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 led to the determination of injury and the casual connection, including 
also the data for these factors, in additi on t the dumped or subsidised imports, which 
have been taken into account;   
 dh) every other reason, which has lead to the final decision;   
 e) Reasons for accepting or rejecting the arguments or respective petitions, filed by the 
exporters and importers;   
 ë) extent of antidumping or countervaili ng measures, determined to be imposed, 
including any evaluation in 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 this decision.   
 G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 Page 20 
 
 
  5. The notification shall be published in the Offi cial Journal and in a hi gh 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. Following the rendering of the final decision, upon the request filed within 15 days since its 
publication, the ministry convenes separate and ope n meetings with exporte rs or manufacturers, 
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 manufacturer.   
 
 
CHAPTER VII 
 
COMPLETION OF INVESTIGATION 
 
Article 35 
Temporary measures 
 
1. The commission may impose temporary measure s, 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 
temporary measures for preventing cause of injury is  in the interest of Republic of Albania.   
 2. The temporary measures may be in the form  of additional financial 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 tem porary antidumping or countervailing measures is a 
condition for the free circulation in the Republic of  Albania of the product under investigation.   
 4. The temporary 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 temporary 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 temporary measures shall apply for a period 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 temporary taxes, but not more than 9 months.    
7. In accordance with the temporary measures, there shall apply the conditions provided for in 
Article 41 of this law.    
Article 36 
Commitments 
 1. The ministry can request from the commissi on to suspend the investigation without imposing 
the temporary of final measures, if the former is certain that by assumption of satisfactory voluntary 
commitments by every exporter to review the prices or to interrupt the exports with the prices being  G/ADP/N/1/ALB/2 
 G/SCM/N/1/ALB/2 
 Page 21 
 
 
  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 accordance with such a co mmitment, shall not be 
higher than the necessary value for eliminating th e dumping margin or the amount of the subsidies 
subject to countervailing measures and it should be lo wer 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 commitment for prices can be suggested by the ministry or by the exporter, but no 
exporter shall be forced to such commitments.  The fact that the exporters do not undertake such 
commitments or do not follow the invitation for such a thing, does not have any impact on prejudicing of the case.  The commitments sha ll not be accepted 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 commitments shall not be accep ted, of the ministry evaluates them as 
inappropriate.  If the ministry decides not to accep t the commitment, it shall inform the exporters on 
the reasons that led to the determination of the co mmitment 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 commitment sha ll be forwarded in the final decision.   
 
4. The commitments of the exporter shall be accepted by the ministry and approved by the 
commission.    5. If commitments 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 expo rter, the commitments of which have been 
accepted, to inform periodically in the fulfilment of these commitments 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 commitment.   
 
7. The ministry shall require from the parties, offering a commitment, to provide a non-confidential version of this commitment, so that the data be available also to the other parties 
interested in the investigation.    
8. In the events where the mini stry refuses the commitments, 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 commitments 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 commitment ends automatically, except the 
case where such a determination has come mainly due  to the existence of a commitment.  In these 
cases, the commission can decide on the continuation of commitment 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 commitment shall conti nue in accordance with the provisions of this 
law.   
 10. The ministry is obliged to publish the notifi cation of the agreement for the assumption of the 
commitment, where it can also include even th e other elements of this agreement.   G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 Page 22 
 
 
  11. In the event of failure to abide by the commitments assumed in accordance with the 
provisions of this law, the ministry can undertake immediate actions connected to the proposal of the commission for the immediate imposition of tempor ary measures, making use of the best data 
available to it.  At the same time, where there ar e violations or withdrawals of commitments, there 
shall be imposed permanent taxes, based on the fact s indicated in the course of investigation, which 
led to assuming the commitment, if the investigation has been concluded 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 institution of inves tigation, unless the 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.   
 
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.    G/ADP/N/1/ALB/2 
 G/SCM/N/1/ALB/2 
 Page 23 
 
 
  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 
commitments 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 manuf acturers not being included in the investigation, 
shall not be higher than the weighted average valu e of the margin of dumping or amount of subsidy, 
submitted for selected exporters or manufacturers, provided 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 manufacturers 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 manufacturers 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 a nd 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 impo sed 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 impa ct on the establishment of a local industry or on the 
threat to injure, unless there has been reached the conclusion that these have, in absence of temporary 
measures, turned into material injury.  In all th e other 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 added 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.   
 
4. A permanent antidumping or countervaili ng measure 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:   G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 Page 24 
 
 
   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 commitments 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 commitments.   
  
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 local 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 the review of the imposed measures, upon its 
own initiative, upon a written request or on behalf of the local manufacturers, 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, importe rs, representatives of exporting country and local 
manufacturers to complement with data or file an  objection 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.   
 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 hi ghest 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  G/ADP/N/1/ALB/2 
 G/SCM/N/1/ALB/2 
 Page 25 
 
 
  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 institutes 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 imposition of the permanent antidumping or countervailing measure, to consider whether th e request contains sufficient data on the 
indispensability of a temporary review.  The temporar y review starts if the request contains sufficient 
data for the non-continuation of the dumping or subsidy measure, as unnecessary and/or that the 
injury shall not continue or re-occu r if the measure is removed or changed.  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 manufacturer on whom the measures are applied.  If the importer is not connected to the manufacturer 
or exporter and this information is  not immediately available, or if  the manufacturer or exporter does 
not want to give it to the importer, the applica tion shall contain the statement of the producer or 
exporter on the margin of dumping or reduction or elimination of the amount of subsidies.  The 
evidence are provided directly to the ministry in or der to be made available 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, 
the commission can decide on the institution 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.   G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 Page 26 
 
 
  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 
Deception 
 
 Duration of antidumping or countervailing measure s, imposed in accordance with this law, 
can be extended for the similar products or a part  of them, imported from a third country, wherever 
there is the case of deception of these measures.    
 By deception shall, in this case, be understood the change of the way of trade between the 
country of origin and importing country, as a cons equence of practice, pro cess or work, for which 
there is insufficient reasons or  different economic grounds from that  of imposing the tax, and where 
there is data that the regulatory effects of the measu res are deepened in such terms as the price and/or 
quantity of the similar product, or there are data  on the dumping for the imported similar product, as 
well as where the importing of the similar product or of  a part of it continues to benefit 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 hinders 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 
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  G/ADP/N/1/ALB/2 
 G/SCM/N/1/ALB/2 
 Page 27 
 
 
  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 point, the review of the final decisions made by the commission, and in case of non-acceptance, it has the right to approach the court.   
 G/ADP/N/1/ALB/2 
G/SCM/N/1/ALB/2 Page 28 
 
 
  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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