WORLD TRADE  
ORGANIZATION  G/ADP/Q1/ALB/7 
G/SCM/Q1/ALB/7 25 April 2008 
 
(08-2010) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
  
Replies to Questions Posed by the UNITES STATES
1, the EUROPEAN COMMUNITIES2,  
and the SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU,  
KINMEN AND MATSU3 Regarding the Notification of ALBANIA4 
 
 
 The following communication, dated 23 April 2008, is being circulated at the request of the 
Delegation of Albania.   
 
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 ANSWER TO QUESTIONS ON ALBANIAN LAW NO. 9796, DATED 23.07.2007 "ON 
ANTIDUMPING AND COUNTERVAILING MEASURES" 
 
Replies to Questions Posed by the UNITED STATES
 
 Question 1 
 
Please specify when and in what manner the Commission for the Evaluation of 
Measures on Imports (the Commis sion) will notify the government of the country of export or 
origin of the merchandise under consideration:    
a. Once an application has been received as specified in Article 5.5 of the 
Agreement on Implementation of Arti cle VI of the General Agreement on 
Tariffs and Trade 1994 (Antidumping Agreement);   
 
b. Once an investigation has been initiated,  as specified in Article 28(1)(a) of the 
Law and Article 12.1 of the Antidumping Agreement.   
 
Reply
 
  The questionnaire or other notifications, (e ither in the case a or b presented in first your 
question), made by the Commission will be sent to the diplomatic or official representation of the 
exporting country.   
                                                     
 
1 G/ADP/Q1/ALB/5 - G/SCM/Q1/ALB/5.   
2 G/ADP/Q1/ALB/4 - G/SCM/Q1/ALB/4.   
3 G/ADP/Q1/ALB/6 - G/SCM/Q1/ALB/6.   
4 G/ADP/N/1/ALB/2.   G/ADP/Q1/ALB/7 
G/SCM/Q1/ALB/7 Page 2 
 
 
   
Question 2  
 
Article 31 of the Law refers to the collection of data  through questionnaires.  Please 
describe what specific steps the Commission ta kes to identify "known local manufacturers, 
importers, exporters, (and) foreign manufacturers " that would receive a questionnaire and that 
are not listed in the application for investigatio n, pursuant to Article 6.1 of the Antidumping 
Agreement.   
 Reply
 
  After the translation regulations, the Article 31 is as follows:  
 
Article 31.  Collection of data 
 1. The commission shall, upon initiation of the investigation, have the obligation to send, 
through the ministry, a questionnaire to every person  that according to it, could have information on 
the case under investigation, including the known domestic producers, importe rs, exporters, foreign 
producers and governments of countries of the products which are under investigation.   
 
2. The commission shall provide to the exporters, foreign producers and those of the interested 
countries the questionnaires within 45 days to respon d.  This time limit shall be calculated from the 
day of lodging the questionnaire or from the day when it was sent to the diplomatic or official representation of the exporting country.  If ther e is a request for extending the time period for 
responding, the commission shall take into account it, if it is argumentative.  The questionnaires shall 
be written in two languages, in Albanian and English.   
 3. The commission can, through the ministry, request during the investigation, from the interested parties, additional information, in the form of questionnaires or written requests, additional 
clarifications or information.  In this case th e commission shall determine the time period within 
which the feedback has to be submitted.   
 
Question 3 
 
Article 33 of the Law refers to access of non-confidential information by interested 
parties that is not confidential according to Ar ticle 48 of the Law.  What specific opportunities 
exist for interested parties to access non-confidential information to defend their interests 
during a proceeding, in accordance with Arti cle 6.4 of the Antidumping Agreement?   
 
Reply
 
  All interested parties, including those parties with adverse interests, have the opportunity to 
defend their interests and to oppose the views.  Inte rested parties shall also have the right, to present 
other information orally.  All non-confidential info rmation shall be in suffi cient detail to permit a 
reasonable understanding of the substance of th e investigation phases.  After the translation 
regulations, the Article 33 is as follows:    Article 33.  Contributions of the consumers and users association  
 
 The ministry shall provide the possibility to the applicants, government of country of origin and/or exporting country, importers  and exporters and their associa tions, users of the product under 
investigation in the Republic of Albania, as we ll as organisations of consumers that, by written  G/ADP/Q1/ALB/7 
 G/SCM/Q1/ALB/7 
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  request, control all the data used during investig ation, which have been made available to the 
commission, as a specific internal documenta tion, necessary for the presentation of case under 
investigation, which is not confid ential, in the sense of Article 48 of this Article.  Such parties may 
provide their comments on these information and their comments shall be taken into consideration, if 
they are sufficiently verifiable.   
 
Question 4  
 
Article 34 of the Law states that complainants and exporters, after the imposition of a 
temporary measure, "may request the disclosure of data, details and important facts, based on 
which there have been taken the measures".  Please explain the specific process by which interested parties would make this request for oth er parties' submissions, both written and oral, 
to be considered by the Commission.   
 Reply
 
  After the translation regulations, the Article 34 is as follows:   
 
Article 34.  Final decisions  
 1. The complainants, exporters and their represen tative associations and the representatives of 
the exporting country may request the disclosure of data, details and important facts, based on which 
there have been taken the measures.  The request fo r disclosure shall be made in writing, immediately 
after imposing the definitive measures.  At the 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 provisional tax has been app lied, not later than one month after the 
publication/disclosure of application of this tax.  In case where a provisional tax is not applied, the 
parties shall be provided the possibility to request th e disclosure, within the time periods set out by the 
commission.    
3. The final disclosure shall be provided in a written form, by means of a publication.  This 
disclosure shall be made as soon as possible, norma lly not later than 1 month prior to the final 
decision or acceptance by the commission of the pr oposal for taking the final measures, taking into 
account the protection of confidential measures.  Wh ere the commission can not find certain facts or 
elements at a certain point, this disclosure shall be made at a later point.    
4. Where the commission, upon the completion of i nvestigation, has taken a decision, it shall 
make this decision public.  Along with the publication of decision, the notification should include all 
the information pertaining to facts, law and reaso ns which lead to this decision, taking care of 
preserving the confidential information and specifically for:    
a) names of exporters and known producer s of the product under investigation;   
b) description of product under investigation,  making available the data to the extent 
sufficient for making customs actions (customs duties), including the current 
Albanian classification of data;   
c) explanations on dumping or subsidy, for th e period of investigation of caused injury, 
if applicable;   G/ADP/Q1/ALB/7 
G/SCM/Q1/ALB/7 Page 4 
 
 
  ç) margin of dumping and amount of subs idy identified and the bases on which there 
has been established that this dumping or subsidy exists;   
d) factors which come to the determination of  injury and the casual link, including also 
the data for these factors, except  the dumpe d or subsidised imports, which have been 
taken into account;   
dh) every other reason, which has come to the final decision;   
e) Reasons for accepting or rejecting the arguments or respective petitions, filed by the 
exporters and importers;   
ë) amount of antidumping or countervailing me asures, decided to be imposed, taking in 
consideration the interest of Republic of Albania;   
f) cases where the antidumping or countervailing measures have to be collected from 
those imports, for which there have been applied the preliminary measures, being 
reason for taking this decision.   
 
5. The notification shall be publis hed in the Official Journal and in a wide circulation newspaper 
in the Republic of Albania.  The notification shall be  sent also the country, the products of which have 
been subject to this definition, as well as to ot her parties, which are known to be interested.   
 6. After the publication of the final decision, up on the request from interested parties, within 
15 days of the publication, the ministry, organises separate and open meetings with exporters or 
producers, requesting this meeting, explaining the methodology used on the calculation of dumping or 
amount of subsidy, applied finally for the products of this exporter or producer.   
 Question 5  
 
As referenced in Article 49 of the Law and pursuant to Article 13 of the Antidumping 
Agreement on judicial review, please describe  what opportunities are available to interested 
parties with regard to administrative or judici al review of antidumping proceedings.  Please 
also identify the specific laws, regulations, and authority that would govern such appeals.   
 
Reply
 
  After the translation regulations the Article 34 is as follow:    Article 49.  Judicial review 
 
 Every interested party, having participated in an investigation, review or repayment 
procedure, can request, at any time, the review of the final decisions made by the commission, and in 
case of non-acceptance, it has the right to appellate to the court.   
  Article 13 ADA is fully reflected.  This article  also is based on the Albanian Administrative 
Procedure Code (Law No. 8485 of 1999).    Question 6  
 
 Under footnote 9 of the Antidumping Agreement and footnote 45 of the Subsidies 
Agreement, the term "injury" is defined to me an "material injury to a domestic industry, 
threat of material injury to a domestic industry or material retardation of the establishment of 
such an industry".  While the English translation of the Law uses the term "material injury" in 
some places ( i.e., the title of Article 22 and Article 41(2)), it frequently uses other terms to 
describe the "material injury" concept.  Thes e include "property injury" (Article 2(2)),  G/ADP/Q1/ALB/7 
 G/SCM/Q1/ALB/7 
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  "injury" (Article 18(1)), "damage" (Article  18(2)), "material damage" (Articles 22(1) 
and 22(2)), "essential injury" (Article 23(1)),  and "incurred damage" (Article 27(3)).   
  a. Do the different terms used to describe  the concept of "material injury" in the 
English translation of the Law reflect different terms in Albanian, or are they 
simply different translations of the same Albanian term?   
  b. If the Law uses multiple Albanian-language terms to reference the "material 
injury" concept, please explain any distinctions in the meanings of the various 
terms and how each different term is co nsistent with the "material injury" 
definition provided in footnote 9 of th e Antidumping Agreement and footnote 45 
of the Subsidies Agreement.   
 
Reply
 
 
 The terms used in the Albanian Law No. 9796, dated 23.07.2007 "On Antidumping and 
Countervailing Measures", article 22, 41.2, 2.2, 18.1, 18.2, 22.1, 22.2, 23.1, 27.3 are just translation 
matters and does not reflect substantive differences.  We have made adjustment were appropriate.  In 
attach you will find the new translation of the laws.    Question 7  
 
 Article 2(5) of the Law states that the domestic industry may either be "the entirety" of 
Albanian manufacturers of the like product or "only that part of manufacturers ... which 
consists the majority" of Albanian production of the like product.  If less than the entire 
industry supports a request to commence an AD or CVD proceeding, will the domestic industry 
as a whole still be examined to determine whet her the dumped or subsidized imports have 
caused materially injury?   
 
Reply
 
 
 The examination potentially could affect an entire industry of the like product.   
 
Question 8 
 
 The Law contains two lists of factors pertaining  to the impact of dumped or subsidized 
imports that the Albanian authority must consider.  One listing is in Article 21.  There is also a 
shorter listing in Article 18(c).  Which list is controlling?    
Reply
 
  The list in Article 18 lays down the elements that  shall be examined in order to determine the 
existence of injury.  So, point (c) of this article refe rs to the effects of dumped or subsidised imports in 
the price of like products which is further elaborated in article 19.     While the list in article 21 lays down the factors and economic indicators that should be examined for the evaluation of point (a) of article 18, the impact of volume of dumped or subsidised 
imports on the domestic industry.   
 G/ADP/Q1/ALB/7 
G/SCM/Q1/ALB/7 Page 6 
 
 
  Question 9 
 
 Article 19(1) of the Law, concerning the examination of dumped or subsidized import 
volume, contains a clause that appears to direct the authority to examine "if there is evident 
increase in subsidized imports".  Please explain why this clause does not also refer to dumped 
imports.   
 
Reply
 
 
 The clause in article 19 (1) refers also to the dumped imports; the missing part is due to the 
translation process.  After the translation review, the Article 19 (1) is as follows:   
 
Article 19.  Examination of volume of dumped or  subsidised imports and their effect on the 
prices  
 
1. The ministry requests from the customs author ities monthly reports with regard to the volume 
of dumped or subsidised imports, if there is evident increase of subsidised or dumped imports, 
whether in absolute terms or compared to the produc tion or consumption in the Republic of Albania.   
 
 
  G/ADP/Q1/ALB/7 
 G/SCM/Q1/ALB/7 
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  Replies to Questions Posed by the EUROPEAN COMMUNITIES  
 
Question 1 
 
 Article 18 on determination of injury as opposed to Article 22 on threat of material 
injury does not require material injury as set out in Article 3 ADA.  Moreover, Articles 19 on 
the examination of volume of dumped or subsidised imports and their effect on the prices does not take into account whether there has been  a significant increase in dumped imports or 
whether there has been a significant price underc utting by the dumped imports.  Could Albania 
please confirm that Article 3 ADA is fully reflected?   
 Question 2   Article 22 on threat of material injury  does not require that the increase of dumped 
imports and the likelihood of price depression or suppression should be significant, nor does it 
specify that the change in circumstances, whic h would create a situation in which the dumping 
would cause injury, must be clearly foreseen a nd imminent.  Could Albania please explain how 
Article 3.7 ADA is applied?   
 
Replies 1 and 2
 
 
 Article 2.2 of Albanian LAW de fines that: "Injury" is the material injury, which is caused to 
the Albanian industry, the threat for material injury  or material retardation of Albanian industry.  
Article 3 ADA is fully reflected in the articles 18, 22 and the chapter IV of Albanian LAW "On 
Antidumping and countervailing measures".   
 
Albanian LAW  
 
Article 18.  Determination of injury 
 
1. There shall be determined injury or threat to injury from the dumped or subsidized imports, 
not only where it, directly, causes in jury to the domestic industry, but also where it causes the evident 
slowdown of the development or retardati on the establishment of such industry.   
 2. The determination of injury shall be b ased on the data of industry and includes the 
examination of the following elements:   
 
a) volume of dumped or subsidized imports, sp ecifically 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 subsidized goods , compared to the market needs of the 
importing country for these goods;   
c) effects of dumped or subsidized imports in the price of like products in the market of 
Republic of Albania;   
ç) further impact of these imports on the dom estic producers of the like products in the 
Republic of Albania.  This element can be evaluated by the economic, current or 
potential indicators, such as the fall of sales, possession of market, productiveness, 
profit, negative impact in reserves, employment, salaries, liquidities, investment and 
level of prices.   G/ADP/Q1/ALB/7 
G/SCM/Q1/ALB/7 Page 8 
 
 
  Article 22.  Threat of material injury 
 
1. The threat for material injury shall be dete rmined in a situation during, which a substantial 
injury can happen.    
 
2. The commission determines the existence of the th reat for material injury based on the facts.   
 3. The commission shall, in determining the exis tence of the threat for material injury, in 
addition to the factors mentioned in Article 21 of this law, examine also the following factors:   
 
 a) type of subsidy/ies and eventual effects on the market;   
b) significant rate of increase of dumped or  subsidized imports, indicating the likelihood 
of substantially increased imports;   
c) prices of imports, to prevent a discriminating effect of prices of Albanian products, 
which would probably increase de mand for further imports;   
ç) capacity growth of exporters, which woul d increase considerably the entry into the 
domestic market of the dumped or subsid ized imports, taking into account other 
export markets, which could absorb additional exports;   
d) the supply or inventory of the product being investigated.   
 
4. Where it is established that a threat of inju ry caused by dumped or subsidised import exists, 
the commission takes decisions on the implementation of the antidumping or countervailing measures.   
 
Question 3 
 
 Article 27 seems to suggest that the standing requirements (50 per cent of total 
production of the like goods produced by that  portion of the domestic industry expressing 
support or opposition and 25 per cent of total production) are alternative conditions.  Could 
Albania please confirm that it applies these criteri a cumulatively in accordance with Article 5.4 
ADA which would require that no investigation sh all be initiated when domestic producers 
expressly supporting the application account for less than 25 per cent of total production of the 
like product produced by the domestic industry?    
Reply
 
  The conditions for standing requirements ar e applied cumulatively in accordance with 
5.4 ADA.   
 
Albanian LAW 
 Article 27.  Decision on initiation of investigation  
5. The application shall be evaluated to have  been done "by/or on behalf of the domestic 
industry", only if it is supported:     a) by Albanian producers, the collective  production of whom consis ts more than 50 per 
cent of the total production of the like product, produced by the producers who have 
expressed themselves in favor or against the application;   
 b) by Albanian producers, expressing themselves in favor of the application, the 
production of which constitutes not less than 25 percent of the total production of the 
like product of the Albanian industry.   
  G/ADP/Q1/ALB/7 
 G/SCM/Q1/ALB/7 
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  Question 4 
 
 Article 27.9 does not foresee the case when the volume of dumped imports shall be 
regarded negligible according to Article 5. 8 ADA.  Could Albania please confirm that 
Article 5.8 ADA is fully respected?    
Reply
 
 
Albanian LAW 
 
Article 27.  Decision on initiation of investigation  
9. The commission does not initiate any investig ation for that imported product, where it is 
claimed that it is:   
 
a) subject to dumping, if according to the collected data it is established that the 
dumping margin is less that 2 percent or th e current and potential volume of dumped 
imports is insignificant;   
b) subsidized, 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.   
 
Question 5 
 
 Does Albania have specific rules on sampling, reflecting Article 6.10, 6.10.1, 6.10.2 
and 9.4 ADA or are thee provisions directly applied?    
Reply
 
  Albania has no specific rules on sampling.  The Provisions are directly applied referring 
Art. 9 and all over the Law.   
 G/ADP/Q1/ALB/7 
G/SCM/Q1/ALB/7 Page 10 
 
 
  Reply to Question Posed by the SEPARATE CUSTOMS TERRITORY 
 
OF TAIWAN, PENGHU, KINMEN AND MATSU  
 
Question 
 
 According to Article 45 of the Albanian Law on Antidumping and Countervailing 
Measures, antidumping measures may be extende d to a "similar product" imported from a 
third country provided that this product is found to be involved in "deception of these 
measures".  Could Albania define "deception" and clarify if there is any criteria for deciding 
"similar product"?   
 
Reply  
  The term " deception " used in article 45 stands for " circumvention ".  While the term " similar 
product " used in article 2 and all over the Albanian law, stands for " like product ".   
  It's necessary to clarify that  the terms used are just translation matters and does not reflect 
substantive differences.  We have made adjustment  were appropriate.   
 
 After the translation regulations , Article 45 is as follows:   
 
Article 45 – Circumvention 
  Antidumping or countervailing measures, imposed pursuant to this law, can be extended to 
imports from third countries of like products, or part s thereof, when circumvention of the measures in 
force is taking place.   
  Circumvention shall, in this case, be defined as a change in the pattern of trade between the 
country of origin and importing country which as a consequence of practice, process or work, for 
which there is insufficient due cause or economic ju stification other than the imposition of the duty, 
and where there is evidence that the remedial effect s of the duty are being undermined in such terms 
as the prices and/or quantities of the like produc ts and there is evidence of dumping for the like 
product, and that the imported like product and/or  parts thereof still benefit from the subsidy.   
  While definition for "like product" is as follows:    
Article 2 – Point 9 
  "Like product" is a product which is identical, with the product under the investigation or, at 
absence of such a product, another product which, h as very similar characteristics to those of the 
product under the investigation.   
 
 The criteria for deciding the like product consis t in the consideration and examination of the 
characteristics of the products put in comparison, su ch as the material used, type, model, colour, size, 
packing, data/technical data related to the product, quality of product etc.   
  
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