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Anti-Dumping Law

Original Language Title: Antidempinga likums

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The Saeima has adopted and the President promulgated the following laws: the anti-dumping law chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) undertakings — fixes by the exporter, the review of the price at which the goods are being exported to be tested, or interrupting the goods exports to Latvia at dumped prices;
2) the dumping margin, the amount by which the normal value exceeds the export price;
3) — the dumping of goods exports to Latvia for a price lower than the normal value of the goods in the ordinary course of trade in the exporting country;
4) export price of the goods to be examined, the actual sales price, the export of this product in the exporting country;
5 exporter, exporting country) registered company (company) that sells the item to the natural or legal person in Latvia or has entered into with that person or entity for the delivery of contracts;
6) — test of the exporting country, country of origin, which exports this product or intermediate country. The intermediary will not be considered if the exporting country, the product transported through that country or, where the goods are not produced in the country, or it is not possible to determine the normal value of like goods in the country;
7) interested parties — a) verifiable goods exporters or foreign producers, b) verifiable goods importers, c) trade association whose members most of test items are producers, exporters or importers, d) (exporting country) the exporting country Government, e) similar goods to local producers, f) trade and Manufacturers Association, of which the most produced similar goods in Latvia, g) consumers and processors of imported goods;
8, Latvia) the importer company (the company), which bought the product from a foreign natural or legal persons, or has concluded with a foreign natural or legal persons a contract for delivery of the goods;
9) similar goods-the goods that are identical in all respects, it is similar to the item to be tested, or, in the absence of such a product, another product which, although not alike in all respects, is close to the goods to be inspected;
10) normal value — like a reference price of goods in the ordinary course of trade in the exporting country;
11) in the ordinary course of trade-goods sales on commercially reasonable prices between persons that are not interconnected;
12) — anti-dumping test item test item subject mentioned in the notice of initiation;
13) industry in creating significant delay — damage to local producers when the industry has not yet developed, but there is evidence of the achievement of the expected and the dumped imports makes such unprofitable industry emerge, which in other circumstances would have occurred, there is a fair competition.
 
2. article. The purpose of the Act, a law intended to prevent dumping, if under examination, made according to the requirements of this law, it is established that the dumped imports cause injury to the domestic producers.
 
3. article. The national Office for the protection of the internal market competence test in the State of the internal market Office for inspection for the purpose of the dumping, injury, causal link between dumping and injury, as well as the need to adopt anti-dumping measures, pursuant to the national interest.
Chapter II, article 4 of the initiation. The basis for initiation (1), you can initiate, on the basis of the physical or legal person's written application, which works on behalf of the domestic industry, excluding this article in cases referred to in the second subparagraph.
(2) the State of the internal market Office for examination may be initiated even if no local producer or on his behalf filed a written submission. In this case, the State Office for protection of the internal market in check may be initiated only if the existing evidence of dumping, injury and a causal link is sufficient to justify the initiation of the investigations.
(3) the examination shall take place in accordance with Cabinet of Ministers regulations governing trade between the normal value and the export price, the comparison of the dumping margins established, the injury determination, information gathering and checking procedures in foreign countries.
 
5. article. Local producers (1) local producers are producers of similar goods as a whole or producers which manufactured goods constituted a major proportion of the total production of like goods in the amount of the territory of Latvia. If domestic producers are related to exporters or importers or importer of test items, the term "domestic producers" refers to the other local producers.
(2) the local producers are recognizable as related to the exporters or importers, if they meet at least one of the following conditions: 1) one of them directly or indirectly controls the other;
2) both directly or indirectly controlled by a third person;
3) together they directly or indirectly control a third person, and there is reason to believe that this relationship will result in local producer behaves differently than the unrelated producer.
(3) the second subparagraph of that control is to understand the relationship, when one controls the other, if the first one is able to limit or control the second.
 
6. article. The content of the application, the application shall indicate the evidence of dumping, injury and causal link, as well as provide the following information: 1) the applicant's name, last name, ID number, address, and phone number;
2) manufacturer's name, legal address, registration number, telephone number, as well as all other known manufacturer name, legal address, registration number and telephone number;
3) local goods like the total volume and value, as well as the applicant and each of the producer of the like product produced by the local volumes and value;
4) alleged dumped goods, full description, also product code after the harmonized commodity description and coding system, a technical description of the goods and use;
5) the alleged dumped goods in the exporting country or the country of origin;
6) each known exporter of the product concerned, importers, foreign producers and identity and share in the total goods exports to Latvia over the past 12 months;
7) the price at which the product in question is sold for consumption in the domestic market of the exporting country [or, where applicable, the price at which the exporting country (exporters) this product is sold to third countries, or the alleged dumped goods complex value], and export prices or, where appropriate, the price at which the product is first resold to an independent buyer in the territory of Latvia, as well as the price comparison;
8) possible dumped imports of the product development, the impact of these imports on prices of the like product in the domestic market and the consequent impact of these imports on domestic production, based on the relevant factors and indicators that describe the State of the local production.
 
7. article. Evaluation of the application before the start of the inspection, the inspection may be initiated when: 1 submission received from local) producers, producing more than 50 percent of the similar goods produced by the domestic producers who support the application or is against it;
2) is sufficient evidence of dumping, injury and a causal link.
 
8. article. Information of the exporting country (1) If the application is received that corresponds to this law, the requirements of article 6, the State Office for the protection of the internal market before the start of the inspection, notify the Government of the exporting country concerned.
(2) pending a decision on the initiation of the anti-dumping duties, the application for examination by the public is prohibited, except for the first paragraph of this article.
 
9. article. The test does not start up (1) the test is not started if: 1) the domestic producers supporting the application account for less than 25 percent of the total volume of like goods in the domestic;
2) the dumped imports are considered small if the goods imports from a particular country is less than one percent of the total market of similar goods, unless the goods are to be imported from several countries together make up three percent or more of like goods in the domestic market;
3) the margin of dumping is considered to be minimal, it is less than two percent of the export price.
(2) where a national Office for the protection of the internal market takes the decision to test launch, the decision and its reasons, it shall notify the applicant.
 
10. article. Withdrawal of the application before the start of the inspection application, submitted in accordance with article 4 of this law, the applicant may withdraw at any time before the start of the inspection.
 
11. article. Decision on the initiation of the

The State of the internal market Office for 45 days after the receipt of the written application to decide whether or not to initiate the test. The national Office for the protection of the internal market of the initiation decision adopted and reported in accordance with this law, the provisions of article 46, but, if the examination is without prejudice to the Member States of the European Union, — immediately also inform the Association Council accordingly.
 
12. article. Information of the interested parties (1) after the adoption of the decision, of the initiation of the national Office for the protection of the internal market shall immediately inform known parties concerned about it and sent to the known exporters and foreign producers exporting country (exporting) institutions under this law, the provisions of article 4 of the written submissions received, full text and ensure its availability, on request, to other interested parties, subject to the freedom of information act.
(2) If the number of exporters involved is large, the text of the application can be sent to the exporting country (exporting) institutions or to the relevant trade association (the Association).
Chapter III examination article 13. Lookup (1) of the national Office for the protection of the internal market to send questionnaires to all persons who may be needed to verify information, including known domestic producers, importers, exporters and foreign producers. Exporters and foreign producers who received questionnaires, reply is given at least 37 days.
(2) the dumping, injury and the causal link between the assessment based on the data relating to those time periods for which the information requested in the questionnaire. In the case of dumping, the relevant period at least six months before the date of the initiation of the inspection.
(3) the State of the internal market Office for examination may request interested parties to clarify or provide additional information. For this purpose, it can send out a questionnaire or written requests. The following quotes indicate the date by which the information was submitted.
(4) an interested party may, on its own initiative, to submit in writing any information which they consider relevant. The national Office for the protection of the internal market shall assess such information, if it does not hinder or impede the inspection process, and takes them into account.
(5) the inspection should not prevent the customs procedures.
 
14. article. Hearing (1) the interested parties in the course of checks may require the individual to a hearing if they are within the time limit set out in the public notice of initiation, provided the written request and based on the test results the possible effects on the interests of the person concerned and the need for such hearings.
(2) at the request of the party concerned, submitted no later than 30 days after the previous decision published on dumping and injury, is arranging a hearing, open to all interested parties. The hearing process should take place no later than 60 days before taking a final decision on dumping, injury and the imposition of anti-dumping duties in accordance with the State Office for protection of the internal market in accordance with the procedure laid down in the approved inspection schedule.
(3) none of the interested parties are not obliged to participate in the hearing process, and the refusal to participate in it may not cause harm to the party concerned. The national Office for the protection of the internal market, if possible, the hearing organised in such a way as to respect the interests of the parties concerned.
(4) the interested parties expressed the wish to participate in the hearing process, at least seven days before it announces the names of the representatives and witnesses who will participate in the process.
(5) the information provided under this article shall be taken into account only if the interested party, it shall also be submitted in writing.
 
15. article. Failure to provide information and verification of the consequences of delay (1) National Office for protection of the internal market, on the basis of the information available and applications can be accepted prior affirmative or negative and the final decision on dumping, injury and causal link, if the interested party during the inspection: 1) prevent access to information or a specific time does not provide necessary information;
2) otherwise significantly impede verification.
(2) the national Office for the internal market shall notify in writing the parties concerned on the first paragraph of this article, the consequences of the action.
 
16. article. Information (1) the national Office for the internal market representatives can visit the interested parties to become familiar with their disposal for official documents and check on dumping and injury the accuracy of the information supplied.
(2) in order to verify information provided or to obtain further data, an inspection may be made in other countries provided that agreed with the respective companies (companies), have been notified to the Government of the country concerned and that it does not object to test.
 
Article 17. Individual dumping margin (1) determine the individual margin of dumping for each known exporter or the product manufacturer, who provided the information necessary for the examination, except when used in the examples, which are valid for statistical purposes in accordance with the second paragraph of this article, or a non-market economy exporting country.
(2) If the exporter, producer or importer, or the number of the goods to be inspected is too large and therefore it is not possible to determine the individual margin of dumping for each known exporter or the producer of the goods, the national Office for the protection of the internal market can limit the inspection to determine the stakeholders or the number of the goods to be examined, using examples that are valid statistics and which, on the basis of the information available or to highest national share of exports of goods You can check accordingly.
(3) the State Protection Office of the internal market takes the final decision on exporters, producers, importers or types of goods. However, the preferred method of choice of examples, in consultation with interested parties and obtaining consent from them, if the persons concerned within three weeks from the start of the inspection submitted sufficient information concerning the selection of examples.
(4) Although in accordance with the second and third part of the test is limited, an individual dumping margin could determine the exporter or producer that the selection time voluntarily submitted the necessary information. If the number of exporters or producers is so large that individual determination of dumping margins would be cumbersome and hinder the completion of the examination on time, State Office for protection of the internal market can reject individual dumping margins.
 
18. article. Use of information (1) any restricted access information that interested parties provide adequate substantiating the need for confidentiality, used only for the purposes for which it was requested; This information prohibited from disclosure without the consent of the information provider.
(2) persons providing confidential information shall be submitted to the national Office for the protection of the internal market's general overview that are not confidential in nature. If the person's General reporting is considered impossible, the pertinent reasons for such action.
(3) if the person does not want to disclose the information or allow it to reveal a general overview and State protection of the internal market the Office finds that a requirement to maintain confidentiality is not justified, the following information for the test is not used and returned them to the applicant.
 
19. article. Information is made available to the interested parties who have applied to participate in the examination, in accordance with article 46 of this law the second part, on reasoned written request may be familiar with all of the information to be used in the test, except for the limited access to information. Interested parties can comment with regard to this information, and the national Office for the protection of the internal market to take into account if they are sufficiently motivated.
 
20. article. Length of the test check transactions within one year from the date of its launch. In exceptional cases the State protection of the internal market, the Bureau may decide to extend the examination for three months.
Chapter IV provisional measures article 21. The previous decision of the national Office for the protection of the internal market takes the previous decision on dumping and injury not earlier than 60 days and not later than nine months after the start of the inspection. Previous decision based on all the information available during the test.
 
22. article. Provisional measures (1) provisional measures may be taken only if a initiated inspection in accordance with chapter II of this Act, provide public notice in accordance with article 46 of this law, interested parties were given the opportunity to provide information and comments taken prior affirmative decision on the dumping and the injury suffered by the domestic producers, and if the adoption of such measures in the public interest. A negative preliminary decision does not mean that the test is automatically suspended, however, in this case, provisional measures are not taken.

(2) the Cabinet of Ministers adopted the decision on interim measures based on the State of the internal market, the protection of the information provided.
(3) provisional measures, observe this law and article 44 32.
 
23. article. Interim measures are temporary measures take the form of the importer's guarantee liability insurance or a bank guarantee. Provisional measures shall not exceed the value of the preliminary decision, the result of the dumping margin found. Provisional measures may be less than the margin of dumping if it is determined that the lesser duty is sufficient to eliminate the injury to the domestic industry.
 
24. article. The duration of the provisional measures (1) the Cabinet of Ministers adopted a decision on interim measures six months period and its extension for a further three months or on temporary measures nine months period.
(2) the interim measures may extend the time of or immediately set nine months period only if exporters representing a significant part of trade involved the examination of the request or do not object against it by the country internal market Office for notification.
Chapter v undertakings article 25. Price correction principles (1) the test may be terminated without provisional measures or the imposition of anti-dumping duty if exporters received the unsolicited promise to revise its prices or to cease exports to Latvia dumped and injurious effect is eliminated.
(2) price increase under the following corrections must not exceed what is necessary to eliminate the margin of dumping. This increase must be less than the margin, if the State Office for the protection of the internal market recognizes that smaller price increase is sufficient to eliminate the injury to the domestic industry.
(3) an undertaking may propose to the national Office for the protection of the internal market, but no one is forced to make exporting these corrections. The test must not affect the fact that exporters do not offer or does not accept the suggestion to make price corrections.
(4) the exporter, which offer an undertaking shall be submitted to the national Office for the protection of the internal market to the General review of the undertaking. This report is not confidential, and interested parties can get acquainted with it.
 
26. article. The acceptance of the undertaking by the State Office for protection of the internal market to the Cabinet of Ministers in the order proposed or adopted proposed exporting price corrections, unless its previous decision on dumping, injury and a causal link has been in the affirmative. Undertakings being not later than 10 days after the inspection in a scheduled date of its adoption.
 
27. article. Rejection of the undertakings State Office for protection of the internal market does not adopt the proposed undertaking, if their acceptance is considered impractical, in cases where the number of actual or potential exporters is too great, or for other reasons. If the national Office for the protection of the internal market is not to adopt the proposed undertakings, the exporters need to explain the reasons for the corrections deemed inappropriate. Exporters shall be granted an opportunity to provide comments on this decision.
 
28. article. Check the termination if the undertaking has been accepted (2) if the undertaking has been accepted, in relation to a specific exporter.
(2) If in exceptional cases the country safeguard the Office decides that the test is terminated, it shall notify the exporting and receiving its consent to the continuation of the inspection. If the State of the internal market, the Protection Bureau decision of dumping or injury is dismissive, undertakings shall immediately lapse, except where such a decision is influenced to a large extent the price corrections made. If the national Office for the protection of the internal market decision on dumping and injury are affirmative, the undertakings remain in force.
(3) the national Office for the protection of the internal market requires that the exporter that the proposed undertaking has been accepted to provide periodically information on compliance with the undertakings, as well as requesting permission to carry out the verification of the data. The disclosure of these data covered by article 18 of this law, the rules on confidentiality. This part default shall be deemed a breach of the undertaking, and the entry into force of this law, the provisions of article 29.
 
29. article. A violation of the undertaking if the undertaking has been violated or withdrawn, the final decision on dumping and injury and the exporter accepted given the opportunity to comment, in accordance with the provisions of this law immediately applicable anti-dumping duties. If there is reason to believe that the undertaking has been violated or infringed when the check has not been completed, may take provisional measures in accordance with article 23 of this law and on the basis of the information available.
Chapter VI termination of examination, without anti-dumping duties Article 30. Withdrawal of the application, testing the application, submitted in accordance with article 4 of this law, the applicant may withdraw at any time after the start of the inspection. In that case check the termination and appropriate measures are not taken, unless it is established that the public interest test is continuable.
 
31. article. Termination of examination (1) the test is immediately terminated if the country safeguard the Office finds that there is sufficient evidence of dumping or injury to justify further consideration of the case.
(2) the test is terminated immediately, if the country safeguard the Office finds that the margin of dumping is de minimis, or that the actual or potential volume of the item being tested or loss, having regard to article 9 of this law, are small. However, the review procedure in respect of a given country in accordance with Chapter VIII of this law is extended to exporters, which established the minimum dumping margin.
Chapter VII-application of anti-dumping duties Article 32. The anti-dumping duties and the volume (1) anti-dumping duties may be a percentage or fixed. Anti-dumping duties apply in addition to other customs duties imposed on imports of the product concerned. In respect of such goods, imports subject to dumping and causing injury, the Customs authorities shall levy anti-dumping duties to the relevant quantities from all countries covered by the check, except for imports from countries whose undertakings proposed are adopted in accordance with the provisions of this law. Anti-dumping duties should include the public in General. No single item may not be at the same time to impose anti-dumping and countervailing duties in order to compensate for the same losses resulting from dumping or export subsidisation.
(2) the anti-dumping duty shall not exceed the margin of dumping. The national Office for the protection of the internal market to assess whether the payment is less than the full margin of dumping, is sufficient to remove the injury to the domestic producers. When it is established that such lesser duty is sufficient to prevent damage, the amount of the definitive anti-dumping duty shall not exceed the lowest payment.
(3) where a national Office for the protection of the internal market has limited the examination in accordance with article 17 of this law, the second and third part, the anti-dumping duty applied to imports from exporters not included in the examination and the foreign producers shall not exceed the weighted average margin of dumping determined for sampled exporters or foreign producers. The national Office for the protection of the internal market for the purposes of this part, shall not be taken into account zero dumping margin minimum margin of dumping and dumping margin under this law, the conditions referred to in article 15. Individual payments applicable to imports from exporters not included in the test or the manufacturer, in accordance with article 17 of this law in the fourth test on a voluntary basis have provided the necessary information.
(4) upon final determination of imports from unknown exporters and foreign manufacturers can apply to the residual anti-dumping duty rate.
 
33. article. Application of anti-dumping duty order and national interests (1) When the national Office for the protection of the internal market has adopted a final decision on the dumping, injury and a causal link and found that there are all the conditions for the application of anti-dumping duties, it shall consider whether the application of such duties is in the public interest. If the national Office for the protection of the internal market, on the basis of all the information received, decide that the imposition of anti-dumping duties is not in the public interest, such payments are not adequate.
(2) in determining whether the imposition of anti-dumping duties is in the public interest, the national Office for the protection of the internal market will be assessed as a whole all the various interests, including the local interests of producers and consumers, as well as his other country of the internal and external interests.
(3) the national Office for the protection of the internal market shall decide on conformity with the national interest only after interested parties have been given the opportunity to express their views on this issue, when you submit information or requests a hearing within the time limit set out in the public notice of initiation.

(4) the interested parties in accordance with article 46 of this law have applied to participate in the test, a month after the interim measures may submit to the national Office for the protection of the internal market for their comments as to whether the adoption of such measures in the public interest.
(5) the Parliament shall decide on the application of anti-dumping duties on the basis of the information provided by the Cabinet of Ministers. The collection of anti-dumping duty order is determined by the Cabinet of Ministers.
 
34. article. The conditions for the application of anti-dumping duties, with the exception of this law, article 35 and 36, in anti-dumping duties shall apply only to goods imported for home use on the date or after prior affirmative or published the final decision concerning testing or in accordance with Chapter VIII of this law the review.
 
35. article. Definitive collection of the provisional duty (1) where provisional measures have been carried out and the final decision on dumping and injury, the Parliament regardless of whether the application of the definitive anti-dumping duties, decide what the amount of provisional duty will be charged. Collection of the provisional duties shall be deemed for the purposes of loss does not include any industry creating significant delays and the risk of loss, except when it is established that, without interim measures, the dumped imports, the impact could lead to emergence of losses.
(2) if the definitive anti-dumping duty is higher than the value of the provisional measures, the difference shall not be collected. If the definitive anti-dumping duty is less than the value of the provisional measures, the payment is recalculated and the difference of the cabinet order is refunded.
(3) If the decision is taken on the threat of injury or substantial delays (but not yet incurred losses), definitive anti-dumping duty may be imposed only from the date the decision is made, except the first part of this article in specific cases. The guarantee provided in the provisional measures, the Cabinet of Ministers in the order are cancelled 45 days.
(4) where a final determination is negative, the provisional measures shall not be approved and the guarantee lodged with the interim measures, the Cabinet of Ministers in the order are cancelled 45 days.
 
36. article. Definitive anti-dumping duty with retroactive effect in specific circumstances (1) definitive anti-dumping duty may be applied to goods imported for consumption not more than 90 days before the commencement date of the provisional measures, where those goods are subject to the registration procedure in accordance with the second paragraph of this article, if the importers were given the opportunity to express their views and, in the case of dumping, it is established that: 1) there is the fact of dumping that caused injury, or the importer knew or should have known that the goods exported by the exporter dumped and that such dumping is can lead to a loss;
2) in addition to the volume of imports which caused injury during the test, there is a further substantial rise in imports which, in this period, the dumped imports and other circumstances, including imported goods stocking increasing rapidly due to a serious threat to the definitive anti-dumping duty applicable to the positive effects.
(2) the Customs authorities of the Cabinet in the order of time, not exceeding nine months, carried out the registration of the goods and then be able to take anti-dumping measures in relation to the goods from the date of registration.
(3) article 29 of this law, in the cases referred to in accordance with the provisions of this law, final payments may be applied to goods entering consumption no sooner than 90 days prior to the start date of the provisional measures, but such retroactive assessment shall not apply to imports entered before the violation of the correction.
 
37. article. Provision of information (1) the interested party may request that the information is provided to them on the basis of which the State Office for protection of the internal market has adopted a preliminary decision on interim measures. Interested parties immediately after the imposition of provisional measures shall be submitted in writing to the request for information. The national Office for the protection of the internal market for the information in writing.
(2) the interested parties can request that information is provided to them on the basis of which a decision on the definitive anti-dumping duty need or termination without measures, with special attention to the facts or considerations which are different from those used in the provisional measures. Interested parties not later than one month after the publication of a notice of interim measures, shall be submitted in writing to the request for information. If interim measures are not taken, the interested parties may submit a request for information to the national protection of the internal market within the time limit set by the Office.
Chapter VIII of the anti-dumping duties and price undertakings, the period of validity and revision of article 38. The validity of the anti-dumping duties in the anti-dumping duty shall remain in force only for such period of time and to the extent necessary to eliminate the dumping which is causing injury.
 
39. article. Review before the definitive anti-dumping duty on the end of the period of application of the definitive anti-dumping duty shall be terminated not later than five years after its launch in days, or five years after the date of the last revision, in accordance with article 40 of this law, in the light of both dumping and injury. However, the imposition of definitive measures would not be terminated, if the State Office for the protection of the internal market, either on its own initiative or at the duly substantiated request that local producers have submitted no later than three months before the expiry of the five-year period, a review shall be initiated prior to the imposition of the deadline, and decides that the termination of the collection of the payments could result in dumping or continuation or recurrence of injury. Anti-dumping duty shall remain in force until the revision of results found.
 
40. article. Review in the event of changed circumstances (1) National Office for the protection of the internal market review of the continued imposition of anti-dumping duty the need or on its own initiative, if there is at least one year has elapsed after the definitive anti-dumping duty, the interested parties, by written submissions, which justified the need for a review.
(2) in the event of changed circumstances, if an application initiated the review said was sufficient evidence that the continued imposition of the duty is no longer necessary to offset dumping, and of continuation or recurrence of injury, should the payment be repealed or amended, or that the existing payment is no longer sufficient to offset the dumping which is causing injury.
(3) the national Office for the protection of the internal market, in carrying out the review in accordance with the provisions of this article, consider whether the dumping and injurious circumstances have changed significantly, as well as whether the anti-dumping duty in force gives the results envisaged for damages.
(4) where a national Office for the protection of the internal market review established that the anti-dumping duty is not necessary any longer, the Parliament after the Cabinet decides on the proposal to repeal the anti-dumping duty.
 
Article 41. Review for exporters or foreign producers which have not exported the product during the test (1) if the item is subject to a definitive anti-dumping duty, the national Office for the protection of the internal market will be made immediately to review to determine the individual margin of dumping for exporters or producers in the exporting country in question which have not exported the product to Latvia during the inspection, provided that these exporters or foreign producers can prove that they are not related to exporters or foreign producers in the exporting country which are subject to the goods imported under the anti-dumping duties, and that these exporters or foreign producers exported goods to Latvia after the inspection period or have a contractual obligation to export a significant amount of goods to Latvia. Such a review shall be carried out expeditiously, before its launch in consultation with local producers. The review shall be completed no later than 12 months from the initiation of the review.
(2) in relation to the following exporters or producers to imports is repealed the anti-dumping duties, while the review, as well as subjected to the registration procedure for the import to definitive anti-dumping duties could be applied retroactively.
(3) the provisions of this article shall not apply where duties imposed under this law, article 32 of the fourth part.
 
Article 42. Undertakings and the validity period of the review procedure of this Act 39.38, and article 40 of the rules applicable in respect of the undertaking, adopted pursuant to chapter V of this law.
 
43. article. Review procedure (1) the anti-dumping duties and price undertakings in a transparent manner in accordance with this law, 13, 14, 15, 17, 18, 27, 37 and 46. article.

(2) in carrying out the review in accordance with article 39 of this law, the existing payments may cancel or save, but they must not be changed. Do a review in accordance with this law, articles 40 and 41, existing payments may cancel save or change.
(3) of this Act, the provisions of article 12 shall apply to the review, carried out in accordance with this law and article 40 39. Such a review shall be completed within 12 months of the initiation of the review.
(4) where the review, carried out in accordance with article 40 of this law, the relevant payment at the final stage of application, as defined in article 39 of this law, related text of this law, the provisions of article 39.
 
44. article. Refund of anti-dumping duties, if they exceed the dumping margin (1) the importer collected anti-dumping duties then repaid to the Cabinet in the order, if the country safeguard the Office finds that the margin of dumping on the basis of which payments are fixed, has been eliminated or reduced to a level that is below the level of the duty in force.
(2) the importer shall submit to the national Office for the protection of the internal market, an application for the refund of anti-dumping duty collected within six months from the definitive anti-dumping duty from the date of application or the date of the decision on the collection of the provisional duties. The application shall include information on the anti-dumping duty refundable requested period and accompanied by the documents for calculating the amount of anti-dumping duty and this duty. Exporters or foreign producers of goods applied anti-dumping duties, the application shall include evidence of normal value and export prices to Latvia sent items. If the importer is not related to the producer or the exporter and such information is not available or the producers or exporters don't want to announce to the importer, the application shall include a statement of the manufacturer or exporter that the dumping margin has been reduced or eliminated, and appropriate supporting evidence be submitted to the national Office for the protection of the internal market. If such evidence from the exporter or producer is not received, the application shall be rejected.
(3) the State protection of the internal market, the Office shall decide whether and to what extent the repayment is to be made, or initiated the review in accordance with article 40 of this law. A decision on the repayment shall be taken within a period of 12 months and no later than 18 months from the date on which in accordance with the second subparagraph of article claims submitted for reimbursement. The payments are repaid within 90 days from the date when the decision on repayment, but not later than 18 months from the time limit as specified above. This part of the set time limit cannot be met, if the commitment to apply the payments concerned is subject to an appeals procedure under article 48 of this law.
(4) National Office for protection of the internal market shall take into account any changes in normal value and costs incurred between importation and resale, as well as any changes in the resale price which is fully reflected in the subsequent selling prices and determine whether and to what extent the repayment is to be made, if the export price is calculated on the basis of the price at which the imported products were first resold to an independent buyer because the export price is defined or because the export price is not true. The national Office for the protection of the internal market in the calculation of export prices without any discount for anti-dumping duties paid when provided satisfactory evidence that the payment is fully reflected in the resale prices or subsequent selling prices in the domestic market of Latvia. The national Office for the protection of the internal market shall inform the importer requests for reimbursement in respect of a decision.
(5) If the circumstances had not changed, all review or refund checks carried out in accordance with this chapter, the State of the internal market, the Office of protection subject to the same rules under which imposition of anti-dumping duties.
 
Article 45. The resumption of inspection (1) when the local producers provide reasonable evidence that the anti-dumping duties applied not created or not created sufficient changes to the resale price or sales prices, further testing in accordance with the procedure prescribed by law can begin to assess the impact of these payments.
(2) examination, which resumed under the first paragraph of this article, the parties concerned are given the opportunity of expressing their views with regard to resale prices and subsequent selling prices. If the State of protection of the internal market the Office finds that the payment could lead to changes in these prices, export prices and, taking into account the revised export prices, dumping margins shall be recalculated to the injury previously established. If the State of protection of the internal market, the Office notes that the export price to fall before or after the application of resale payment and subsequent selling prices haven't changed, dumping margins may be recalculated in the light of the lower export prices.
(3) If, after the examination carried out in accordance with this article, increasing dumping found, in accordance with the procedure prescribed by law for the amendment of the existing anti-dumping charges in the light of the new findings on export prices.
(4) check that resume in accordance with this article shall be completed within six months of its initiation.
(5) possible changes in normal value, in accordance with this article shall be taken into consideration only if the country office for the internal market in the notice of initiation prescribed period is available complete with evidence-based information concerning the revised normal values. If the test involves normal value review, up to the end of the inspection of imports may be subject to a registration procedure to be carried out in accordance with article 36 of this law.
 
Article 46. Notifications (1) the national Office for the internal market to provide interested parties with notice in the newspaper "journal" on: 1) of initiation;
2) prior decision and the final decision;
3) continuation or termination of the examination;
4) anti-dumping duties retroactively;
5) anti-dumping duties and price undertakings review;
6) the anti-dumping duty and undertaking expiry.
(2) in the notice of initiation is the following information: 1 the goods of the exporting country) (exporting countries);
2 a description of the item under test) and code in accordance with the harmonised commodity description and coding system, as well as the technical description of the goods and the purpose of use;
3) possible dumping characterisation and rationale of such a presumption;
4) summary of the factors on which the allegation of injury is based and the causal link;
5) address information and comments;
6) date of initiation;
7) for inspection schedules and the period within which interested parties may sign up for participation in the examination shall be submitted in writing to the arguments.
(3) the notice of a previous decision making include sufficient details of the information and conclusions, as well as: 1) to the known exporters and manufacturers, whose goods subject to inspection;
2 description of the item under test), which is essential, and the code of the goods under the harmonized commodity description and coding system;
3) magnitude of the dumping margin, if determined that any, and the information based on which the dumping margins established, and the normal values and export prices used for the determination of the methodology description, all adjustments made to the normal value and the export price, as well as the comparison method;
4 the reasons for the decision) National Office for the protection of the internal market is said to determine the individual margin of dumping under the voluntarily submitted information, as laid down in article 17 of this law in part four;
5) factors, which were based on the loss and causal links as well as information on other factors, not including the dumping;
6) provisional measures applied and the reasons why such interim measures are required to prevent damage during the test.
(4) the communication of the final decision shall include all relevant information pertaining to the case and the reasons for such a decision, including: 1) to the known exporters and manufacturers, whose goods subject to inspection;
2) test item description and product code according to the harmonized commodity description and coding system;
3) magnitude of the dumping margin, if determined that any, and the information based on which the dumping margins established, and the normal values and export prices used for the determination of the methodology description, all adjustments made to the normal value and the export price, as well as the comparison method;
4 the reasons for the decision) National Office for the protection of the internal market is said to determine the individual margin of dumping under the voluntarily submitted information, as laid down in article 17 of this law in part four;
5) factors, which were based on the loss and causal links as well as information on other factors, not including the dumping;

6) other reasons, on the basis of which a final decision;
7) exporters and importers of essential requirements justification or acceptance or rejection;
8) about the applicable anti-dumping duties, including considerations that are essential to the evaluation of the public interest, and whether the payment is lower than the dumping margin, would be adequate to remove the injury to the domestic producers;
9) the reason for such a decision, if the definitive anti-dumping duty applied to imports in respect of which provisional measures were carried out.
(5) the notice of discontinuance of the inspections, the continuation or termination of the examination will be included in the conclusions reached and the reasons for the decision.
(6) the notice of acceptance of the undertaking, the undertaking to be part, which is not confidential and detailed information obtained and the conclusion of the case.
 
47. article. The suspension of the anti-dumping measures in the public interest for a period of up to nine months may postpone the execution of the measures in question in accordance with the provisions of this law. The suspension may be extended up to one year. Measures may only be suspended where market conditions have temporarily changed the State of the internal market and the protection of the Office finds that the action is not in the public interest, and it allows local producers to express their views. Measures may be reinstated if the circumstances which occurred due to the suspension no longer exists.
 
48. article. Appeal to the interested party, participating in the investigation, review or refund procedure, may be appealed to the Court of protection in the internal market of the country office's final decision on the imposition of anti-dumping duties, as well as review and reimbursement decisions within one month of receipt of the relevant decision.
The law shall enter into force on 1 July 2000.
The Parliament adopted the law of December 16, 1999.
Riga, January 5, 2000, the State President Vaira Vīķe-Freiberga V.