. /.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/ALB/1 
G/SCM/Q1/ALB/1 11 October 2005 
 
(05-4625) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Questions Posed by the EUROPEAN COMMUNITIES  
Regarding the Notification of ALBANIA1 
 
 
 The following communication, dated 10 Octobe r 2005, has been received from the Permanent 
Delegation of the European Commission. 
 
_______________ 
  EC questions concerning the notification of ne w or amended legislatio n or regulations not 
previously reviewed by the Committee on Anti-Dumping Practices 
 
1. In its notification of March 2005 Albania announced that a new law and regulations were 
being drafted and that enactment was expected in  the second half of 2005.  Could Albania please 
clarify whether this new legislation has meanwhile b een adopted and, if so, when it enters into force 
and when it will be notified. 
2. As regards the notified law, the EC notes that not all provisions of the Anti-Dumping 
Agreement (ADA) have been incorporated.  This is the case, for example, of certain provisions on the 
determination of normal value (parts of Articles 2.2. 1.1, 2.2, 2.4, 2.4.1, 2.4.2), initiation (Art. 5.2), 
newcomer reviews (Art. 11.4) and parts of the Articl es 6, 9, 10 and 12.  According to Article 41 of the 
law, certain of these matters would be dealt with in bylaws.  Have such bylaws meanwhile been 
issued?  Could Albania please confirm that, even in  the absence of a specific provision, all aspects of 
anti-dumping investigations which are not foreseen in  the Law or in bylaws, will be dealt with in 
conformity with the ADA? 
3. Article 12(2)(b) does not require a determ ination that a cumulative assessment is also 
appropriate in the light of the conditions of co mpetition between the importe d products, as provided in 
Article 3.3 ADA.  Would the investigating auth ority nevertheless examine this aspect in an 
assessment of the appropriateness of cumulation? 
4. Could Albania please clarify which other factors of injury the anti-dumping office would 
normally examine, in the absence of any provision in Article 15 of the law reflecting the factors 
mentioned in Article 3.5 ADA?  
5. Similarly, how is it ensured that the factor s listed in Article 3.7 are investigated when a 
determination of a threat of material injury is made?   
                                                     
 
1 G/ADP/N/1/ALB/1 G/ADP/Q1/ALB/1 
G/SCM/Q1/ALB/1 Page 2 
 
 
 6. Article 44 only contains a provision on the tr eatment of information which is by nature 
confidential.  How is confidential treatment of in formation which is provided on a confidential basis 
ensured, in accordance with Article 6.5 ADA?  Simila rly, are the provisions of Article 6.5.1 and 6.5.2 
ADA being applied in the absence of any explicit provision in the law? 
7. Could Albania please clarify whether the results of investigations as provided for in 
Article 24(2) of the law are made available or  disclosed, in accordance with Article 6.7 ADA? 
8. Article 28(4) of the law provides that the period of application of provisional duties may be 
extended to nine months.  Article 7.4 of the ADA onl y provides this possibility when the investigating 
authority examines the application of the “lesser dut y rule”, which does not appear to be foreseen in 
the Albanian law.  Could Albania therefore please clarify whether it applies the lesser duty rule?  
9. Article 34(2) is not fully clear as regards the situation where the definitive anti-dumping duty 
is higher than the amount estimated at provisional stage for the purpose of the security.  Could Albania please confirm that in such case the diffe rence will not be collected, in accordance with 
Article 10.3 ADA? 
10. Article 39 provides sanctions for parties invol ved in the investigation which do not provide 
available information upon the reasonable request of the anti-dumping office.  Could Albania please 
clarify whether this provision also applies to exporters  and how it is compatible with the fact that the 
ADA does not foresee an obligation to cooperate in an investigation? 
__________