WORLD TRADE
ORGANIZATIONG/ADP/N/1/LVA/2
20 September 2000
(00-3741)
Committee on Anti-Dumping Practices Original:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 18.5 OF THE AGREEMENT
LATVIA
The following communication, dated 5 September 2000, has been received from the
Permanent Mission of Latvia.
_______________
Disclaimer:  The English language text below is provided by the Translation and Terminology
Centre for information only; it confers no rights and imposes no obligations separate from those
conferred or imposed by the legislation formally adopted and published.  Only the latter is authentic.
The original Latvian text uses masculine pronouns in the singular.  The Translation and Terminology
Centre uses the principle of gender-neutral language in its English translations.  In addition, gender-
specific Latvian nouns have been translated as gender-neutral terms, e.g.  chairperson .
The Saeima1  has adopted and
the President has proclaimed the following law:
ANTI-DUMPING LAW
CHAPTER I
General Provisions
Article 1 . Terms Used in this Law
The following terms are used in this Law:
(1) price undertakings  -  undertakings effected by the exporter, by either revising the price at
which the  products under investigation are exported or ceasing their export to Latvia at a dumping
price;
(2) dumping margin  - the amount by which the normal value exceeds the export price;
(3) dumping  - the export of  products under investigation to Latvia, at a price, which is less than
the normal value of  such products in the ordinary course of trade in the exporting country;
(4) export price  - the actual selling price of the  products under investigation when sold for
export from the exporting country;
                                                     
1 The Parliament of the Republic of LatviaG/ADP/N/1/LVA/2
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(5) exporter  – an undertaking (company) registered in the exporting country, which sells
products under investigation to a natural or legal person in Latvia or has concluded a contract with the
natural or legal person referred to regarding the supply of such products;
(6) exporting country  – the country of the origin of the  products under investigation that
exports such products, or an intermediary state. An intermediary country shall not be considered as an
exporting country, if the products under investigation are transported through such country or the
relevant products have not been produced in such country, or it is not possible to establish the normal
value of similar products in such country;
(7) the interested parties  –
(a) exporters or foreign producers of the  products under investigation,(b) importers of the  products under investigation,
(c) trade associations, a majority of the members of which are producers, exporters or
importers of the  products under investigation,
(d) government of the exporting country (exporting countries),
(e) the domestic producers of like products,
(f) trade and producer associations, a majority of the members of which produce like
products in Latvia, and
(g) consumers and processors of imported products;
(8) importer  - an undertaking (company) registered in Latvia, which purchases  products under
investigation from a foreign natural or legal person or has concluded a contract with a foreign natural
or legal person regarding the supply of such products;
(9) like products  – products that are identical, that is, in every respect similar to the  products
under investigation, or, if there are no such products, other products the characteristics of which are
similar, though not in all respects, to the characteristics of the  products under investigation;
(10) normal value  – the comparable price of like products in the ordinary course of trade in the
exporting country;
(11) ordinary course of trade  – the sale of products for commercially based prices between
persons who are not mutually associated;
(12)  products under investigation  -  products subject to an anti-dumping investigation, which are
referred to in the notice of initiation of an investigation; and
(13) material retardation of the establishment of an industry – infliction of injury upon
domestic manufacturers when an industry is not yet established, but there is evidence regarding its
potential establishment, and the import for dumped prices renders unprofitable the establishment ofsuch industry, which would otherwise have occurred under the circumstances of fair competition.
Article 2 . Purpose of the LawG/ADP/N/1/LVA/2
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The purpose of the Law is to prevent dumping, if, as a result of an investigation conducted
pursuant to the provisions of this Law, it is de termined that the import for dumped prices causes
injury to domestic producers.
Article 3 . Competence of the State Bureau of Trade Defence in Conducting an
Investigation
The State Bureau of Trade Defence shall conduct an investigation in order to determine
dumping, injury, a causal link between the dumping and the injury, as well as the necessity to
implement anti-dumping measures, taking into account the interests of the State.
CHAPTER II
Initiation of an Investigation
Article 4 . Basis for Initiation of an Investigation
(1) An investigation may be initiated on the basis of a written complaint by a natural or legal
person who acts on behalf of domestic producers, except in the case provided for in Paragraph two of
this Article.
(2) The State Bureau of Trade Defence may initiate an investigation also in such case, if a written
complaint from domestic producers, or on behalf of them, has not been received. In such case, the
State Bureau of Trade Defence may initiate an investigation only if they have access to sufficient
evidence regarding the dumping, injury and their causa l link, to justify initiation of an investigation.
(3) An investigation shall be conducted in accordance with Regulations of the Cabinet of
Ministers, which regulate the determination of normal value and export price of products, the
comparison thereof to determine the dumping margin, the determination of injury, acquisition of
information and the investigation procedure in foreign countries.
Article 5 . Domestic Producers
(1) Domestic producers are the aggregate of domestic producers of like products or producers the
quantity of whose production of products constitutes the largest share of the total domestic production
of like products in the territory of Latvia. If domestic producers are associated with exporters or
importers, or are themselves importers of the  products under investigation, the term “domestic
producers” shall refer to the remaining domestic producers.
(2) Domestic producers shall be deemed associated with exporters or importers if they  are in
conformity with at least one of the following conditions:
(1) one of them directly or indirectly controls the other;
(2) both are directly or indirectly controlled by a third person; or(3) both jointly, directly or indirectly, control a third person, and there are grounds for
considering that as a result of this association the domestic producer is behaving
differently from producers who are not mutually associated.
(3) The control referred to in Paragraph two of this Article shall mean such relations when one
controls another,  if the former is capable of restricting or managing the latter;
Article 6 . Contents of a ComplaintG/ADP/N/1/LVA/2
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In a complaint evidence of dumping, injury and a causal link shall be indicated, and the
following information shall be provided:
(1) the name, surname, personal identity number, address and telephone number of the submitter;
(2) the name, legal address, registration number, telephone number of the producer, as well as the
names, legal addresses, registration numbers and telephone numbers of all other known relevant
producers;
(3) the total volume and value of domestic like products, as well as the volume and value of
domestic like products produced by the submitter and by each of the producers concerned;
(4) a complete description of the allegedly dumped products, including the commodity code
according to the Harmonised Commodity Description and Coding System, and the technical
description and use of the products;
(5) the exporting country, or the country of the origin, of the allegedly dumped products;(6) the identity of each known exporter, foreign producer and importer of the relevant products,
and their proportion in the total export of such products to Latvia during the last twelve months;
(7) the prices, at which the products concerned are sold for consumption in the domestic market
of the exporting country or, in relevant cases, the prices at which the products are sold from the
exporting country (exporting countries) to third countries, or the constructed value of the allegedly
dumped products, and export prices or, in relevant cases, the prices at which the products are first
resold to an independent purchaser in the territory of Latvia, as well as comparisons of these prices;
and
(8) the development of the import volume of allegedly dumped products, the effect of these
imports on the prices of like products in the domestic market, and the subsequent effect of such
imports on domestic production, based on the relevant factors and indices which characterise the state
of domestic production.
Article 7 . Evaluation of Complaint before In itiation of an Investigation
An investigation may be initiated, if:
(1) a complaint has been received from domestic producers who produce more than 50 per cent
of the like products produced by that portion of the domestic producers either supporting theapplication or opposing it; or
(2) there is sufficient evidence of dumping, injury and their causal link.Article 8 . Informing the Exporting country
(1) If a complaint is received which complies with the requirements of Article 6 of this Law, the
State Bureau of Trade Defence shall, before the initiation of the investigation, inform the government
of the exporting country concerned.
(2) While a decision has not been taken on the initiation of an anti-dumping investigation, it is
prohibited to make public the complaint regarding the investigation, except in the case referred to in
Paragraph one of this Article.
Article 9 . Non-Initiation of InvestigationG/ADP/N/1/LVA/2
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(1) An investigation shall not be initiated, if:
(1) domestic producers, who support the complaint, produce less than 25 per cent of the
total production volume of the domestic like products;
(2) the volume of allegedly dumped imports shall be considered negligible - if the
imports of the  products under investigation from a particular country are less than
1 per cent of the total volume of the market of like products, unless the imports of the
products under investigation from several countries jointly do not constitute more
than 3 or more per cent of the domestic market consumption of like products; or
(3) the dumping margin is deemed  de minimis -  if it is less than two per cent of the
export price.
(2) If the State Bureau of Trade Defence takes a decision not to initiate an investigation, the
submitters of the complaint shall be notified of such a decision and the reasons that it was taken.
Article 10 . Withdrawal of the Complaint before Initiation of an Investigation
A complaint, which has been submitted in accordance with Article 4 of this Law, may be
withdrawn by the submitter at any time before an investigation has been initiated.
Article 11 . Decision on Initiation  of an Investigation
The State Bureau of Trade Defence shall decide, within a period of 45 days after the receipt
of a written complaint, whether to initiate an investigation. The State Bureau of Trade Defence shalltake, and notify of, a decision on the initiation of an investigation pursuant to the provisions of
Article 46 of this Law, but if the investigation involves a Member State of the European Union, also
inform, without delay, the Association Council .
Article 12 . Informing the Interested Parties
(1) After a decision has been taken to initiate an investigation, the State Bureau of Trade Defence
shall notify, without delay, the known interested par ties of it and send to the known exporters, foreign
producers and authorities of the exporting country (exporting countries) the full text of the written
complaint received in accordance with the conditions of Article 4 of this Law, and ensure its
accessibility, upon request, also to other interested parties, observing the Freedom of Information
Law.
(2) If the number of exporters involved is large, the text of the  complaint may be sent to the
authorities of the exporting country (exporting countries) or to the relevant trade association
(associations).G/ADP/N/1/LVA/2
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PART III
CONDUCTING AN INVESTIGATION
Article 13 . Acquisition of Information
(1) Concurrently with th e initiation of an investigation, the State Bureau of Trade Defence shall
send questionnaires to all persons, who may have access to information necessary for the
investigation, and also known domestic producers, importers, exporters and foreign producers.
(2) The assessment of dumping, injury and their causal link shall be based on data that pertain to
those time periods, concerning which the information is requested in the questionnaires. In case ofdumping, the relevant period shall cover at least six months prior to the date of recommendation that
there be an investigation.
(3) During an investigation, the State Bureau of Trade Defence may request that the interested
parties clarify or provide additional information. For this purpose, it may send questionnaires orwritten requests. The date by which the information is to be submitted shall be indicated in such
requests.
(4) The interested parties may submit, pursuant to  their own initiative, any written information
that they consider of significance for the investigation. The State Bureau of Trade Defence shallevaluate such information, if it does not burden or delay the progress of the investigation, and take it
into account.
(5) Conduct of an investigation may not delay customs procedures.
Article 14 . Hearings
(1) The interested parties may request individual hearings in the course of the investigation, if
they have submitted a written request within the time period which is specified in the public notice
regarding initiation of an investigation, and substantiated the possible effect of the results of the
investigation upon the interests of the relevant person, and the necessity of such hearings.
(2) Pursuant to the request by an interested party, which is submitted not later than 30 days after
the publication of a preliminary decision regarding dumping and injury, a hearing shall be scheduled
in which all interested parties may participate. The hearing process shall take place not later than
60 days before the final decision is taken regarding dumping, injury and application of anti-dumping
duties, in accordance with the investigation schedu le confirmed pursuant to the procedures prescribed
by the State Bureau of Trade Defence.
(3) None of the interested parties have an oblig ation to participate in the hearing process, and
refusal to participate shall not be prejudicial to the interested party. The State Bureau of Trade
Defence shall, if possible, organise hearings such that the interests of the interested parties shall betaken into account.
(4) Interested parties who express their intention to participate in the hearing process, shall, at
least seven days before it, provide notice of the names of those of their representatives and witnesses
who will participate in such process.
(5) Information, which is provided pursuant to this Article, shall be taken into account only if the
interested parties submit it also in writing.
Article 15 . Consequences of Failure to Submit Information and Delay of InvestigationG/ADP/N/1/LVA/2
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(1) The State Bureau of Trade Defence may take affirmative or negative, preliminary and final
decisions regarding dumping, injury and their causal link, on the basis of the information available
and the complaint, if at the time of the investigation, an interested party:
(1) refuses access to information, or does not provide the necessary information within
the specified time; or
(2) otherwise significantly delays the investigation.
(2) The State Bureau of Trade Defence shall notify, in writing, the interested parties about the
consequences of the action referred to in Paragraph one of this Article.
Article 16 . Verification of information
(1) Representatives of the State Bureau of Trade Defence may visit the interested parties in order
to become acquainted with official documents within their control and check the accuracy of theinformation provided regarding dumping and injury.
(2) In order to investigate the information or to obtain further data, investigations may be
conducted in other states, with the provision that a n agreement is reached with the undertaking
(company) concerned and the government of the country concerned is notified of such, and the latterdoes not object to the conducting of an investigation.
Article 17 . Individual Dumping Margin
(1) An individual dumping margin shall be determined for each known exporter or producer of
the products under investigation, who has provided information necessary for the investigation, except
in cases when such samples are utilised which are statistically valid in accordance with Paragraph two
of this Article, or when there is not a market economy in the exporting country.
(2) If the number of exporters, producers, importers or the numbers of types of  products under
investigation is too large, and therefore it is not possible to determine an individual dumping margin
for each known exporter or producer of the  products under investigation, the State Bureau of TradeDefence may restrict the investigation to a specific number of interested parties or types of  products
under investigation, utilising samples which are statistically valid and which, on the basis of the
information available, or on the larger proportion of export of the products from the country
concerned, may be investigated accordingly.
(3) The State Bureau of Trade Defence shall take a final decision on the selection of exporters,
producers, importers or types of products. However, the method of sample choice shall be given
preference, upon consulting the interested parties and obtaining their consent, if the relevant persons
have submitted sufficient information regarding sample selection within three weeks from initiation of
the investigation.
(4) Although, in accordance with Paragraphs two an d three of this Article, restrictions are made
to an investigation, individual dumping margins may be determined for exporters or producers, who
voluntarily have submitted the necessary information during the time of selection.  If the number of
exporters or producers is so large that determination of individual dumping margins would burden anddelay the completion of the investigation within the prescribed time period, the State Bureau of Trade
Defence may refuse to determine an individual dumping margin.
Article 18 . Utilisation of InformationG/ADP/N/1/LVA/2
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(1) Any restricted access information which is submitted by the interested parties, properly
substantiating the necessity of confidentiality, shall be utilised solely for the purposes for which it was
requested; it is prohibited to disclose such inform ation without the consent of the submitter of the
information.
(2) Persons, who submit information of a confidential nature shall also submit to the State Bureau
of Trade Defence a general summary, which is not of a confidential nature. If such persons consider
the submission of a general summary impossible, the reasons for such action shall be indicated.
(3) If a person is unwilling to make public the information or allow it to be disclosed in the form
of a general summary, and the State Bureau of Trade Defence determines that a request to preserve
confidentiality has not been substantiated, such information shall not be utilised in the investigationand shall be returned to its submitter.
Article 19 . Access to Information
The interested parties which have applied to par ticipate in an investigation in accordance with
Article 46, Paragraph two of this Law, may become acquainted, pursuant to a substantiated written
request, with all the information utilised in the investigation, except restricted access information. The
interested parties may provide their comments rega rding such information, and the State Bureau of
Trade Defence shall take account of them, if they are adequately substantiated.
Article 20 . Duration of an Investigation
An investigation shall be completed within one year from the day of its initiation. As an
exception, the State Bureau of Trade Defence may take a decision to extend the investigation for three
months.
CHAPTER IV
Provisional Measures
Article 21 . Taking a Preliminary Decision
The State Bureau of Trade Defence shall take a preliminary decision regarding dumping and
injury not earlier than 60 days, and not later than nine months, after the initiation of an investigation.
The preliminary decision shall be based on all the information available at the time of the
investigation.
Article 22 . Imposition of Provisional Measures
(1) Provisional measures may be implemented only if an investigation has been initiated pursuant
to Chapter II of this Law, a public notice has been given pursuant to Article 46 of this Law, the
interested parties have been granted an oppor tunity to provide information and comments, a
preliminary decision has been taken regarding dumping and injury which have been inflicted to
domestic producers, and if the imposition of such measures complies with the interests of the State.
The taking of a negative preliminary decision does not mean that the investigation shall be
automatically discontinued; however, preliminary m easures shall not be implemented in such case.
(2) The Cabinet of Ministers shall take, in accordance with specified procedures, a decision on
the imposition of preliminary measures on the basis of the information submitted by the  State Bureau
of Trade Defence.G/ADP/N/1/LVA/2
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(3) The provisions of Articles 32 and 44 of this Law shall be observed in the imposition of
provisional measures.
Article 23 . Provisional Measures
Provisional measures may be a guarantee from the importer, in the form of a liability
insurance policy or a bank guarantee document. The amount of provisional measures shall not exceed
the dumping margin determined as a result of the preliminary decision. The amount of provisional
measures may be less than the dumping margin, if it is determined that a smaller payment is
sufficient, in order to rectify the injury to domestic producers.
Article 24 . Duration of Provisional Measures
(1) The Cabinet of Ministers shall adopt a decision on the imposition of provisional measures for
a period of six months, and on its extension for an additional three months or on the imposition of
provisional measures for a period of nine months.
(2) The time period of the imposition of provisional measures may be extended, or a nine-months
period may be specified immediately, only if the exporters, who represent a substantial part of the
trade involved in the investigation, request it or do not object to it after the receipt of the notice from
the State Bureau of Trade Defence.
PART V
Price Undertakings
Article 25 . Principles of Price Undertakings
(1) An investigation may be terminated without the imposition of provisional measures or
application of anti-dumping duties if a voluntary promise is received from the exporter to revise prices
or to cease exports to Latvia at dumped prices, and the injurious effect of the dumping is eliminated.
(2) The price increase in accordance with such un dertakings shall not be greater than that which
is necessary, in order to eliminate the dumping margin.  Such increase shall be less than the dumpingmargin, if the State Bureau of Trade Defence acknowledges that a smaller price increase is sufficient,
in order to rectify the injury to domestic producers.
(3) Price undertakings may be recommended by the State Bureau of Trade Defence, but no
exporter shall be forced to make such undertakings. An investigation shall not be prejudiced by thefact that exporters do not offer or do not ac cept a recommendation to make price undertakings.
(4) The exporter who offers price undertakings shall submit to the State Bureau of Trade Defence
an general overview of price undertakings. Such report shall be of non-confidential nature, and the
interested parties may become acquainted with it.
Article 26 . Acceptance of Price Undertakings
The State Bureau of Trade Defence shall propose or accept, in accordance with the
procedures prescribed by the Cabinet of Ministers, price undertakings proposed by the exporters, ifthe preliminary decision regarding dumping, injury and their causal link has been affirmative. Price
undertakings shall be proposed not later than the date of  taking the final decision as proposed by the
investigation schedule.
Article 27 . Rejection of Price UndertakingsG/ADP/N/1/LVA/2
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The State Bureau of Trade Defence shall not acc ept the proposed price undertakings, if their
acceptance is considered to be impractical, in those cases when the number of actual or potential
exporters is too large, or also due to other reasons. If the State Bureau of Trade Defence decides not to
accept the proposed price undertakings, it shall explain to the exporter the reasons, on account ofwhich the undertakings were considered to be not applicable. The exporters shall be given an
opportunity to make comments regarding such decision.
Article 28 . Termination of an Investigation if Price Undertakings are Accepted
(1) If price undertakings are accepted, the investigation regarding a particular exporter shall be
terminated.
(2) If, as an exception, the State Bureau of Trade Defence takes a decision that the investigation
shall not be terminated, it shall notify the exporter thereof and obtain its consent to continue the
investigation.If the decision of the State Bureau of Trade Defence regarding dumping or injury is
negative, the price undertakings shall immediately lose effect, except in a cases when such decisionhas been largely affected by the price undertakings. If the decision of the State Bureau of Trade
Defence is affirmative, the price undertakings shall remain in effect.
(3) The State Bureau of Trade Defence shall require that an exporter, whose proposed price
undertakings have been accepted, periodically provides information on the observance of the priceundertakings, as well as shall request permission to conduct verification of relevant data. The
conditions of Article 18 of this Law regarding confidentiality are applicable to the making public of
such data. A failure to comply with the requiremen ts of this Paragraph shall be deemed to be as
violation of price undertakings, and the provisions of Article 29 of this Law shall come into effect.
Article 29 . Violation of Price Undertakings
If price undertakings have been breached or  withdrawn, the final decision on dumping and
injury has been taken, and the exporter has been given an opportunity to submit their comments, anti-
dumping duties shall be applied without delay, pursuant to the provisions of this Law. If there is
reason to believe that price undertakings were or have been violated during the time period when the
investigation has not yet completed, provisional measures may be taken pursuant to the provisions ofArticle 23 of this Law and on the basis of the available information.
CHAPTER VI
Termination of an Investigation without
Application of Anti-Dumping Duties
Article 30 . Withdrawal of Complaint during an Investigation
A complaint, which has been submitted in accordance with Article 4 of this Law, may be
withdrawn by the submitter at any time after an investigation has been initiated. In such case the
investigation shall be terminated and relevant measures shall not be taken, unless it is determined that
the investigation should be continued in the interests of the State.
Article 31 . Termination of Investigation
(1) An investigation shall be terminated withou t delay, if the State Bureau of Trade Defence
establishes that there is not sufficient evidence regarding dumping or injury, in order to justify further
examination of the matter.G/ADP/N/1/LVA/2
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(2) An investigation shall be terminated withou t delay, if the State Bureau of Trade Defence
determines that the dumping margin is de minimis , or that the actual or possible volume of dumped
products or the injury, taking into account Article 9 of this Law, is negligible. However, the review
procedures, which are conducted in accordance with Chapter VIII of this Law, regarding a particular
state, shall be applied also to the exporters as to whom a de minimis  dumping margin has been
determined.
CHAPTER VII
Application of Anti-dumping Duties
Article 32 . Anti-dumping Duties and their Amounts
(1) Anti-dumping duties may be percentages or fixed. Anti-dumping duties shall be applied in
addition to other customs duties, which have been specified for the imported products concerned.
Regarding the imports of such products which are subject to dumping and cause injury, anti-dumping
duties shall be collected by customs authorities in the relevant amounts from all states which areinvolved in the investigation, except imports from such states, from which price undertakings have
been accepted in accordance with the provisions of this Law.  Anti-dumping duties shall be paid into
the State budget. Anti-dumping duties and compensation payments may not be simultaneously applied
to any products with the purpose to compensate for the same injury which has been caused as a result
of dumping or export subsidies.
(2) The amount of anti-dumping duty shall not ex ceed the dumping margin.  The State Bureau of
Trade Defence shall evaluate whether a duty, which is less than the full dumping margin, is sufficient
in order to rectify the injury to domestic producers. When it has been established that such a lesser
duty is sufficient to rectify the injury, the amount of the final anti-dumping duty shall not exceed thelesser duty.
(3) If the State Bureau of Trade Defence has rest ricted an investigation in accordance with the
provisions of Article 17, Paragraphs two and three of this Law, an anti-dumping duty, which is
applied to imports from exporters and foreign producers who are not included in the investigation,
shall not exceed the weighted average dumping margin which is determined with respect to selected
exporters or foreign producers.  The State Bureau of Trade Defence shall not, for the purpose of thisParagraph, take into account zero dumping margin, de minimis  dumping margin and dumping margins
which are specified for the circumstances referred to in Article 15 of this Law. Individual duties shall
apply to the imports from exporters or producers who are not included in the investigation and who
have, in accordance with Article 17, Paragraph four of this Law, voluntarily submitted the necessary
information during the course of investigation.
(4) After the final determination, the residual anti-dumping rate may be applied to imports from
unknown exporters and foreign producers.
Article 33 . Procedures for Application of Anti-dumping Duties and Assessment of State
Interests
(1) When the State Bureau of Trade Defence has taken a final decision on dumping, injury and its
causal link, and has determined the existence of all the conditions for the application of anti-dumping
duties, it shall assess whether application of such duties is in the interest of the State. If, on the basisof all the information received, the State Bureau of Trade Defence takes a decision that the application
of anti-dumping duties is not in the interest of the State, such duties shall not be applied.
(2) In establishing whether the application of anti-dumping duties is in the interest of the State,
the State Bureau of Trade Defence shall assess the to tality of all the various interests, including theG/ADP/N/1/LVA/2
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interests of domestic producers and consumers, as well as other interests of domestic and foreign
policy of the State.
(3) The State Bureau of Trade Defence shall take a decision regarding compliance with the
interests of the State only after the interested part ies have been granted an opportunity to express their
views on this issue through submission of information or by requesting a hearing within the time
period specified in the public notice regarding the initiation of an investigation.
(4) The interested parties which have, in accord ance with Article 46 of this Law, refused to
participate in an investigation, may submit to the State Bureau of Trade Defence, within a month from
the imposition of provisional measures, their comments regarding the issue whether the imposition of
such measures is in the interest of the State.
(5) The Saeima  shall decide on the application of anti-dumping duties based on the information
provided by the Cabinet of Ministers. The procedures for the collection of anti-dumping duties shall
be specified by the Cabinet of Ministers.
Article 34 . Conditions for Application of Anti-dumping Duties
Except in cases provided for in Articles 29, 35 and 36 of this Law, anti-dumping duties shall
be applied only to products which have been imported for consumption on  the date or thereafter,
when a preliminary or final decision was published regarding an investigation or regarding a reviewperformed pursuant to Chapter VIII of this Law.
Article 35 . Definitive collection of Provisional Duties
(1) If provisional measures have been implemented and a final decision has been adopted
regarding dumping and injury, the Saeima  shall decide, regardless of whether the final anti-dumping
duties are applied, what amounts of provisional duties are to be collected. For the purposes of
collection of provisional duties it shall be considered  that injury does not include material retardation
of, and threat of injury to, the establishment of an industry, except in cases when it is determined that
the influence of the dumped imports, without the imposition of provisional measures, could result in
the occurrence of injury.
(2) If the final anti-dumping duty is greater than the amount of provisional measures, the
difference shall not be collected.  If the final anti-dumping duty is smaller than the amount of
provisional measures, the duty shall be recalculated and the difference shall be refunded in accordance
with the procedures specified by the Cabinet of Ministers.
(3) Except in the cases specified in Paragraph one of  this Article, if a decision is taken regarding
threat of injury or material retardation (but no injury has yet occurred), a final anti-dumping duty may
be applied only commencing from the day the relevant decision was taken. A guarantee that has been
granted during the imposition of provisional measures shall be annulled within 45 days in accordance
with the procedures specified by the Cabinet of Ministers.
(4) If the final decision is negative, provisional measures shall not be confirmed and the
guarantee that was submitted during the time of the imposition of provisional measures shall be
annulled within a time period of 45 days.
Article 36 . Retroactive Application of Final Anti-dumping Duties in Special Circumstances
(1) Final anti-dumping duties may be applied to products which were brought in for consumption
not earlier than 90 days prior to the date of initiation of the provisional measures, if such products areG/ADP/N/1/LVA/2
Page 13
subject to procedures of registration in accordance with Paragraph two of this Article, if it is
determined, with respect to the dumping, that:
(1) the fact of dumping which has caused injury exists, or the importer knew, or should
have known, that the products were exported at dumped prices and that such dumpingmight cause injury; and
(2) in addition to the volume of imports whic h has caused injury during the investigation
period, there is a further substantial increase of importation, which due to the volume
of the dumped imports during this period of time and other circumstances, including
rapid increase of stockpiles of imported products, may seriously threaten the remedial
effect of the final anti-dumping duty to be applied
(2) Customs authorities shall effect, in accordance with the procedures prescribed by the Cabinet
of Ministers and within a time period which does not exceed nine months, the registration of  products
under investigation, in order that anti-dumping measures could thereafter be implemented in respect
of such products from the date of commencing such registration.
(3) In the cases referred to in Article 29, final duties may be applied, in accordance with the
provisions of this Law, on products which have come into the consumer market not earlier than 90
days before the date of initiation of the provisional measures, but any such retroactive assessment
shall not apply to imports, which were brought in before the violation of the undertakings.
Article 37 . Provision of Information
(1) Interested parties may request information on the basis of which the State Bureau of Trade
Defence has taken a preliminary decision regarding the imposition of provisional measures. Theinterested parties shall submit a written request for information immediately after the imposition of
provisional measures. The State Bureau of Trade Defence shall provide information in writing.
(2) The interested parties may require that inform ation be provided to them on the basis of which
the decision was taken regarding the necessity of final anti-dumping duties or the termination of
investigation without the imposition of measures, paying special attention to facts or considerations
which are different from those which were utilised in the case of imposition of provisional measures.The interested parties, not later than a month after when the notice regarding the imposition of
provisional measures has been published shall submit a written request for information. If provisional
measures have not been implemented, the interested parties may submit a request for information to
the State Bureau of Trade Defence within the specified term.
CHAPTER VIII
Term of Validity and Review of
Anti-dumping Duties and Price Undertakings
Article 38 . Validity of Anti-dumping Duties
An anti-dumping duty shall remain in effect only as long as and in the amount as is necessary,
in order to rectify the dumping which is causing injury.
Article 39 . Review before the Deadline of Application of Final Anti-dumping Duties
The application of a final anti-dumping duty shall be terminated not later than five years after
the day of its initiation or five years after the da y when the last review was conducted in accordance
with Article 40 of this Law, taking into accoun t both dumping and also injury.  However, theG/ADP/N/1/LVA/2
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application of final measures shall not be terminated if the State Bureau of Trade Defence pursuant to
its own initiative or pursuant to a duly substantiated petition, which was submitted by domestic
producers not later than three months before the end of the five-year period, conducts a review which
is to be initiated before the deadline for application of final anti-dumping duties, and decides that the
termination of the collection of the duty may cause a continuation or a recurrence of dumping orinjury.  The anti-dumping duty shall remain in ef fect until the results of the review are known.
Article 40 . Review in the Case of a Change of Circumstances
(1) The State Bureau of Trade Defence shall review the necessity for the further application of an
anti-dumping duty pursuant to its own initiative or, if  at least a year has elapsed since the application
of final anti-dumping duties, pursuant to a petition submitted by an interested party, in which the basisfor the necessity of a review is substantiated.
(2) In the case of a change of circumstances, a review shall be initiated, if  in the complaint
sufficient evidence is mentioned that further application of a duty is no longer necessary in order to
compensate for dumping and that the continuation or recurrence of injury is not possible, if the duty iscancelled or modified, or that the duty in effect is no longer sufficient to compensate for the dumping
which causes injury.
(3) In doing a review pursuant to the provisions of this Article, the State Bureau of Trade
Defence shall evaluate whether there has been a substantial change in the circumstances causingdumping and injury, as well as whether the anti-dumping duty in effect is providing the expected
results for the compensation of injury.
(4) If the State Bureau of Trade Defence determines, as a result of the review, that the anti-
dumping duty is not necessary any longer, the Saeima  shall decide, pursuant to the recommendation
of the Cabinet of Ministers, on the revocation of the anti-dumping duty.
Article 41 . Review in Respect of Exporters or Foreign Producers, Which have not Exported
Products During the Investigation
(1) If products are subject to a final anti-dumping duty, the State Bureau of Trade Defence shall
conduct, without delay, a review in order to establ ish individual dumping margins for the exporters of
producers who have not exported the products from the relevant exporting country to Latvia during
the investigation period, with the condition that such exporters or foreign producers are able to prove
that they are not associated with those exporters or foreign producers who are subject, in that
exporting country, to the anti-dumping duties on the imported  products under investigation, and that
such exporters or foreign producers have exported their products to Latvia after the investigation
period, or have assumed contractual obligations to export a substantial quantity of products to Latvia.
Such a review shall be conducted expeditiously, consulting domestic producers prior to its initiation.
The review shall be completed not later than within 12 months from the date of initiation of the
review.
(2) In respect of the imports of such exporters or producers, the anti-dumping duties in effect
shall be revoked while the review is occurring, and such imports shall be subject to registration
procedures in order that final anti-dumping duties may be applied retroactively.
(3) The provisions of this Article do not apply to cases when the duties are applied in accordance
with Article 32, Paragraph four of this Law.
Article 42 . Term of Validity of Price Undertakings and Review ProceduresG/ADP/N/1/LVA/2
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The provisions of Articles 38, 39 and 40 of this Law shall also apply to price undertakings,
which have been accepted in accordance with Chapter V.
Article 43 . Review Procedures
(1) Anti-dumping duties and price undertakings shall be reviewed in accordance with the
provisions of Articles 13, 14, 15, 17, 18, 27, 37 and 46 of this Law.
(2) In conducting a review in accordance with Article 39 of this Law, the duties in effect may be
revoked or maintained, but they may not be changed. In conducting a review in accordance with
Articles 40 and 41, the duties in effect may be revoked, maintained or changed.
(3) The provisions of Article 12 of this Law shall apply to reviews, which are conducted in
accordance with Articles 39 and 40 of this Law.  Such review shall be completed within 12 months
from the initiation of the review.
(4) If a review, which is conducted in accordance with Article 40 of this Law, occurs at the final
stage of the application of the relevant duties, as specified in Article 39 of this Law, the provisions of
Article 39 of this Law shall apply to it.
Article 44 . Refund of Anti-dumping Duties, if they Exceed the Dumping Margin
(1) The duties collected from an importer shall be refunded to him or her in accordance with the
procedures specified by the Cabinet of Ministers, if the State Bureau of Trade Defence determines
that the dumping margin, on the basis of which the duties were determined, has been eliminated or
reduced to a level which is below the level of the duty in effect.
(2) An importer shall submit an application to th e State Bureau of Trade Defence regarding the
refunding of the collected anti-dumping duties within six months from the day of the application of
the final anti-dumping duties or from the day when a decision was taken regarding collection of
provisional duties. The application shall contain information regarding the amount of the refund of
anti-dumping duties claimed for the period and to it shall be attached the documents regarding the
calculation of the anti-dumping duties and the making of this payment.  The exporters or producers, to
whose products the anti-dumping duties were applied, shall include in the application evidence of thenormal value and the export prices of products sent to Latvia. If the importer is not associated with the
producer or exporter and such information is not available, or if the producer or the exporter is
unwilling to notify the importer of it, the application shall contain a notification from the producer or
exporter that the dumping margin has been reduced or eliminated, and relevant supporting evidence
shall be submitted directly to the State Bureau of Trade Defence. If such evidence is not receivedfrom the exporter or the producer, the application shall be rejected.
(3) The State Bureau of Trade Defence shall take a decision regarding whether and in what
amount refunding shall occur, or shall initiate a review pursuant to Article 40 of this Law. The
decision on refunding shall be taken within 12 months, and not later than 18 months, from the daywhen, in accordance with the provisions of Paragraph two of this Article, an application for a refund
was submitted. The duties shall be refunded within 90 days from the moment when a decision was
taken regarding refunding of duties, but not later than within the aforementioned term of 18 months.
The observance of the time limits prescribed in this Paragraph is not possible, if the resolution to
apply the duties in question is subject to appeal procedures in accordance with Article 48 of this Law.
(4) The State Bureau of Trade Defence shall take account of all changes in normal value, and in
costs which have been incurred between importation and resale, as well as all changes in the resale
price which are fully reflected in their subsequent selling prices, and shall determine whether and in
what amount a refund shall be made, if the export pr ice has been calculated on the basis of the price atG/ADP/N/1/LVA/2
Page 16
which the imported products were first sold to an independent purchaser because there was no export
price or, because the export price was not genuine. The State Bureau of Trade Defence shall calculate
the export price without any discount for the anti-dumping duty, which was paid when satisfactory
evidence is ensured that the duty was fully reflected in the resale price and the subsequent selling
prices in the domestic market of Latvia.  The State Bureau of Trade Defence shall inform the importerof the reasons for the decision taken regarding the request for refund.
(5) If there has been no change in the circumstances, the State Bureau of Trade Defence shall
apply, in all review or refunding investigations c onducted in accordance with this Chapter, the same
provisions in accordance with which anti-dumping duties were determined.
Article 45 . Reinvestigation
(1) If domestic producers submit substantiated evidence that the anti-dumping duties applied
have not caused changes or have caused insufficient changes in the resale prices or subsequent selling
prices, the investigation may be re-initiated de novo  pursuant to the procedures specified by law, in
order to assess the effect of the relevant duty on such prices.
(2) In an investigation, which has been re-initiated pursuant to Paragraph one of this Article, the
interested parties shall be given an opportunity to express their views regarding the resale prices and
subsequent selling prices. If the State Bureau of Trade Defence determines that the relevant duty may
have caused changes in such prices, the export prices shall be reviewed and, taking into account thereviewed export prices, the dumping margin shall be  recalculated in order to prevent the presupposed
injury. If the State Bureau of Trade Defence determines that in connection with a decrease of export
prices before or after the application of duties the resale prices and subsequent selling prices have not
changed, the dumping margin may be recalculated, taking into account such lower export prices.
(3) If, after an investigation which has been conducted in accordance with this Article, an
increase dumping is discovered, amendments shall be made in the anti-dumping duties in effect in
accordance with the procedures specified by law, taking into account the new conclusions regarding
the export prices.
(4) An investigation, which has been re-initiate d pursuant to this Article, shall be completed
within six months after its initiation.
(5) The possible changes in the normal value in accordance with this Article shall be taken into
account only if the State Bureau of Trade Defence has, in the notice regarding initiation of an
investigation, in the specified term, access to complete information, substantiated by evidence,
regarding the reviewed normal values. If an invest igation includes a review of normal values, the
import may, until the end of the investigation, be subjected to registration procedures, which are to be
conducted pursuant to Article 36 of this Law.
Article 46 . Notices
(1) The State Bureau of Trade Defence shall prov ide a notice to the interested parties in the
newspaper Latvijas V ēstnesis
2  regarding:
(1) initiation of an investigation;
(2) taking of a preliminary and a final decision;(3) continuation or termination of the investigation;
(4) retroactive application of anti-dumping duties;
(5) review of anti-dumping duties and price undertakings; and
                                                     
2 Official Gazette of the Government of LatviaG/ADP/N/1/LVA/2
Page 17
(6) deadlines for anti-dumping duties and price undertakings.
(2) A notice of the initiation of an investigation shall contain the following information:
(1) the exporting country (exporting countries) of the  products under investigation;
(2) the description and code of the  products under investigation in accordance with the
Harmonised Commodity Description and Coding System, as well as a technical
description and intended use of the products;
(3) a description of the alleged dumping, and the basis for such allegation;
(4) a summary of such factors on which the allegations of injury and causal link are
based;
(5) the address where information and comments are to be submitted;(6) the date of initiation of an investigation; and
(7) the planned investigation schedule and th e term during which the interested parties
may apply to participate in the investigation, submitting written arguments.
(3) The notice of the taking of a preliminary decision shall contain a sufficiently detailed
exposition of the information obtained and the conclusions, as well as:
(1) the names of such known exporters and producers, whose products are subject to
investigation;
(2) a description of the  products under investigation, that is significant for customs, and
the commodity code in accordance with the Harmonised Commodity Description and
Coding System;
(3) the amount of the dumping margin, if such has been determined to exist, and the
information, on the basis of which such dumping margin was determined, and also a
description of methodology used in determining normal value and export price, allcorrections which were made in comparing the normal value and export price, as well
as the methods of comparison;
(4) the basis for the decision, if the State Bureau of Trade Defence has refused to
determine an individual dumping margin on the basis of voluntarily submitted
information, as provided for in Article 17, Paragraph four of this Law;
(5) the factors that were the basis for the determination of injury and a causal link, as
well as information on other factors, not including dumping; and
(6) the amount of any provisional measures applied, and the reasons why such
provisional measures were necessary to prevent injury during the investigation
period.
(4) The notice regarding the final decision shall contain all the significant information which
pertains to the specific matter, and the reasons for taking the decision, and also:
(1) the names of such known exporters and producers, whose products are subject to
investigation;
(2) a description of the  products under investigation and the commodity code in
accordance with the Harmonised Commodity Description and Coding System;
(3) the amount of the dumping margin, if it has been determined that such exists, and the
information, on the basis of which such dumping margin was determined, and also a
description of methodology used in determining normal value and export price, all
corrections which were made in comparing the normal value and export price, as wellas the methods of comparison;
(4) the basis for the decision, if the State Bureau of Trade Defence has refused to
determine an individual dumping margin on the basis of voluntarily submitted
information, as provided for in Article 17, Paragraph four of this Law;G/ADP/N/1/LVA/2
Page 18
(5) the factors that were the basis for the determination of injury and a causal link, as
well as information o n other factors, not including dumping;
(6) other reasons on the basis of which  the final decision was taken;
(7) the reasons for acceptance or rejection of the significant arguments or claims of the
exporters and importers;
(8) the amount of anti-dumping duties to be applied, and also the considerations which
were significant for the evaluation of the interests of the State, and whether a duty
that is less than the dumping margin would be sufficient to rectify the injury to
domestic producers; and
(9) the reasons for the taking of such decision, if a final anti-dumping duty is applied to
imports, in relation to which provisional measures were implemented.
(5) The notice regarding discontinuation, continuation or termination of an investigation shall
include the conclusions made in the course of the investigation and the reasons for the taking of the
relevant decision.
(6) The notice regarding acceptance of price undertakings shall include the part of the price
undertakings, which is not confidential, and a detailed presentation of the information obtained and
the conclusions regarding the specific matter.
Article 47 . Suspension of Anti-dumping Measures
The imposition of the relevant measures may, in the interests of the State, be suspended for a
time period up to nine months pursuant to the provisions of this Law. Suspension may be extended  up
to one year. The imposition of measures may be suspended only in those cases when the market
conditions have changed for a short time and the State Bureau of Trade Defence determines that the
imposition of the measures is not in the interests of the State, and gives domestic producers anopportunity to express their views. The measures may be reinstated, if the circumstances due to which
the suspension has occurred, have ceased to exist.
Article 48 . Appeal
An interested party, who participates in an investigation, review or refund proceeding, may
appeal to a court the final decision of the State Bureau of Trade Defence regarding application of anti-dumping duties, as well as decisions relating to review and refunds, within a period of one month after
the receipt of the decision in question.
This Law comes into force on 1 July 2000.
This Law has been adopted by the Saeima  on 16 December 1999.
President V. V īķe-Freiberga
Riga, 5 January 2000
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