WORLD TRADE
ORGANIZATIONG/ADP/N/1/CZE/2
17 September 1998
(98-3518)
Committee on Anti-Dumping Practices Original:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 18.5 OF THE AGREEMENT
CZECH REPUBLIC
The following communication, dated 16 June 1998, has been received from the Permanent
Mission of the Czech Republic.
_______________
With reference to Article 18.5 of the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade 1994 and with reference to the notification by the Czech
Republic, dated 21 February 1995 which was circulated as the WTO document G/ADP/N/1/CZE/1 on
23 March 1995, I have the honour to inform you that on 17 June 1997 the Czech Parliament adoptedthe Act No. 152/1997 Coll.  This Act implements into the Czech law provisions of the WTO
Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994.
I have the honour to submit also a paper copy of the Act No. 13/1993 Coll., the Customs Act
and the Act No. 71/1967 Coll., on Administrative Proc esses (the Administrative Code).  Both legal
instruments are closely related to the procedural part of an anti-dumping investigation.
*
                                                     
*Copies of the latter are available for inspection and copying in the offices of the Rules Division.
Contact Ms. Susan Aspinall, Tel.:  739 5109, Office 1028.G/ADP/N/1/CZE/2
Page 2
Law
No. 152/1997 Coll.
on the protection against imports of dumped products and on the
change and amendment of some laws
The Parliament has adopted following law of the Czech Republic:
Part one
General provisions
§ 1
Definitions
For the purposes of this law the term:
(a) "dumped product" means the product whose export price on the basis of which it is being
exported to the Czech Republic is less than comparable price of the like product, in the
ordinary course of trade in the exporting country,
(b) "product" means movable things exported to the Czech Republic,(c) "like product" means a product comparable in all respects to the product under consideration,
or in the absence of such a product, another product which has characteristics closely
resembling those of the product under consideration,
(d) "exporter" means physical or juridical person exporting the goods to the territory of the Czech
Republic, (e) "ordinary course of trade" means the situation, when
1. the trade operation is made between independent operators which are not related,
2. quantity of sold products allows a fair comparison,
3. product is sold at price corresponding to the justified costs and reasonable profit,
(f) subjects shall be deemed to be related if
1. one of them directly or indirectly controls the other,
2. both of them are directly or indirectly controlled by a third person, or
3. together they directly or indirectly control a third person
provided that there are grounds for suspecting that the effect of the relationship is such as to
cause the subject concerned to behave differently from non-related subjects,
(g) "domestic industry" means the domestic producers as a whole of the like products in the
Czech Republic or those of them whose collective output of the like products constitutes a
proportion set down in § 8.2.d and § 9.4.b. When producers are related to the exporters orimporters or are themselves importers of dumped products, the term domestic industry may
be interpreted as referring to the rest of producers.
§ 2
Export Price
(1)  The export price shall be the price actually paid or payable for the product imported
from the exporting country to the Czech Republic.
(2)  In case where there is no export price or where it appears that the export price is
unreliable because of the relationship mentioned in § 1.f or an arrangement between the exporter and
importer or a third party disturbing the economic co mpetition, the export price may be established
on the basis of the price at which the imported products are first resold to an independent buyer.G/ADP/N/1/CZE/2
Page 3
(3)  If the products are not resold to independent buyer who is not related or are not resold
in the condition in which they were imported the export price shall be calculated. In this case,
adjustement for all costs incurred between importation and resale and for profits accruing eventually
for condition in which they were imported shall be made.
§ 3
Normal Value
(1)  The normal value shall be based on the prices paid or payable of the like product
intended for domestic consumption in the exporting country in the ordinary course of trade.
(2)  When there are no sales of the like product in the ordinary course of trade in the
exporting country or there is no production of the like product in such a country or such sales do not
permit a proper comparison, the normal value is based on:
a) the comparable price of the like product when exported to an appropriate third country,
provided that this price is representative, or
b) the price composed of justifiable economic costs and appropriate profit in the country of
origin.
(3)  The sales do not permit a proper comparison, if:
a) sales volume of the like product in the exporting country is less then 5% of sales volume of
the allegedly dumped product to the Czech Republic, provided that a lower ration should be
acceptable where the evidence demonstrates that domestic sales at such lower ratio are
nonetheless of sufficient magnitude to provide a proper comparison,
b) sales volume below the costs of production represents not less than 20% of the volume sold in
transaction under consideration in the domestic market of the exporting country or in the third
country and
c) sales of the like product on the domestic market of the exporting country are made within the
period less than six month before the initiation of the investigation.
§ 4
Comparison
(1)  For the purpose of the determination whether dumped products are imported, a fair
comparison shall be made between the export price and the normal value at the comparable terms oftrade and at as nearly as possible the same time. A comparison of a weighted average normal value
with a weighted average of prices of all export prices of like products imported to the Czech
Republic can be used.
(2)  With a comparison the export price and normal value shall be adjusted for financially
expressed factors which are demonstrated to affect price comparability, in particular:
a) quantity and physical characteristics of products,
b) taxes and charges borne by the like product intended for domestic consumption in the
exporting country or in the country of origin which are nevertheless not collected or which are
paid back in the case of the export of such a product,
c) differences in conditions and terms of trade and in the level of trade,
d) other differences affecting price comparability.G/ADP/N/1/CZE/2
Page 4
§ 5
Dumping margin
(1)  The dumping margin shall be the amount stated in conformity with § 4 by which the
export price is lower than the normal value.
(2)  Where dumping margins in a case of the identical product of the same producer in the
same period of time vary, a weighted average dumping margin shall be established.
Material injury
§ 6
(1)  For the purposes of this Law the term of material injury (hereafter called "injury")
means material injury to the industry or material retardation of establishment of such an industry in
the Czech Republic which is in a causal link with the import of dumped products.
(2)  The term of the threat of the injury sh all be taken to mean the situation imminently
leading to the creation of injury.
§ 7
(1)  Determination of injury involves:
a) the volume of imports of dumped products and the effect of the dumped imports on prices in
the market at the Czech Republic for like products in particular with regard to the growth of
imports of dumped products,
b) consequent impact of imports of dumped products on the level of prices of like product in the
Czech Republic and connected effect of such imports on respective industry with the
evaluation of all economic factors , affecting the situation of such an industry. Actual and
potential decline in sales, profits, output, market share, productivity, return on investments, or
utilization of capacity, factors affecting domestic prices, the magnitude of the margin of
dumping, actual and potential negative effects on cash flow, inventories, employment, wages
and ability to raise capital for investments.
(2)  With the determination of injury any other factors which are injuring the respective
industry, the injuries caused by the other factors must not be attributed to the dumped imports.
Factors which may be relevant in this respect include, inter alia, the volume and prices of imports
not sold at dumping prices, contraction in demand or changes in the pattern of consumption, trade
restrictive practices of and competition of foreign and domestic producers, developments in
technology, the export performance and productivity of the respective industry.
Part two
Section 1
Examination of the application on the imports of dumped products
§ 8
(1)  Any natural or legal person with the place of business on the territory of the Czech
Republic may submit a written application for the examination, whether imports of dumped
products have occurred, to the Ministry of Industry and Trade (hereafter called "the Ministry").G/ADP/N/1/CZE/2
Page 5
(2)  The application includes information reasonably available to the complainant:
a) in the case of the legal person business name, place of business a identification number of the
organization, in the case of the natural person name and surname, citizen's card - index
number and permanent address of the domicile,
b) identity of producer, list of all known exporters as well as importers of allegedly dumped
products and identity of the exporting country or country of origin,
c) list of all known producers of the like product in the Czech Republic and description of the
volume and value of domestic production of the like product accounted for by such producers,
d) document on the expressed support of producers of the like product in the Czech Republic
representing more than 25 per cent of total production of the like product,
e) description of the allegedly dumped product (CN code),
f) information on export price of the allegedly dumped product and on price of the same or the
like product on the market of the exporting country or country of origin,
g) information on injury caused by imports of allegedly dumped products including monetary
expression of its magnitude and information on available factors mentioned in § 7.1.b),
h) imported volume or for import presumed volume of allegedly dumped products,
i) evidence on causal link between the allegedly dumped imports and the alleged injury,j) justification of the application.
(3)  The general provisions on administrative processes shall not apply to the procedure set
forth in this section.
(4)  In submitting an application for the examination, whether imports of dumped products
have occurred the person has to pay a caution. The caution shall be paid back in a case the ministry
delivers the decision on imposition of the final antidumping duty (hereafter called "final duty") or
the decision on acceptance of a price undertaking.
(5)  Caution mentioned in article 4 amounts to 100 000 Czech Korunas.
§ 9
(1)  The Ministry within the period of one month after the reception of the application calls
other producers of the like product in the Czech Republic for their written expression of either
support for or opposition to the application and provides them an appropriate period not exceeding
one month.
(2)  The Ministry requires the Ministry of Finance, the Ministry of Foreign Affaires, the
Office for the Protection of Economic Competition or other authority concerned to make written
comments and provides them a period not exceeding one month.
(3)  On the basis of positions mentioned in alinea 1 the Ministry examines the portion of
the collective output of the domestic industry, expressing their support, on the total production of
the like product produced by all producers expressing either support for or opposition to the
application and shall notify respective authority of the exporting country or country of origin.
(4)  The Ministry shall terminate the examination of the application on the imports of
dumped products when finding, that:
a) the application contains apparently false data or does not contain the requirements pursuant to
§ 8.2 and the subject having submitted the application does not correct the defects in the fixed
time-frame in spite of the written request of the Ministry, or
b) collective output of the like product of domestic producers expressing their support
constitutes less than 50 per cent of the total production of the like product produced by that
portion of the domestic industry, expressing either support or opposition to the application.G/ADP/N/1/CZE/2
Page 6
Section 2
Investigation to determine the import of dumped products
Chapter 1
Initiation and subsequent Investigation
§ 10
Initiation of the investigation
(1)  The Ministry shall initiate the investigation if it has knowledge testifying the
existence of import of dumped products. The investigation is initiated the day when the Ministry
shall give a public notice of the initiation of an investigation in the Commercial Bulletin.
(2)  Public notice of the initiation of an investigation shall contain:
a) the name of producer, exporter, and importer of allegedly dumped product,
b) the product, which is a subject of an investigation,
c) the name of the exporting country and the country of origin,
d) the basis on which dumping is alleged in the application,
e) a summary of the factors on which allegation of injury is based,f) the address to which positions of interested parties should be directed,
g) the time-limit, which must not be shorter than one month since the initiation of an
investigation, allowed to producers of the like products in the Czech Republic for making
themselves known. The missing of the time-limit cannot be waived,
h) another reasons for the initiation of an investigation.
(3)  Public notice of the initiation of an investigation is addressed at the same time to:
a) the producer, exporter and importer of the allegedly dumped product,
b) the respective authorities of the exporting country or of the country of origin,
c) the subject having submitted the application on the imports of dumped products.
§ 11
As the participants of the investigation shall be considered:
a) producer, exporter a importer of the allegedly dumped product,
b) those, who made themselves known pursuant to § 10.2.g) and
c) the subject having submitted the application on the imports of dumped products.
Evidence
§ 12
(1)  For the purpose of the consideration whether dumped products were imported leading
to the injury, the Ministry shall request participants of the investigation, ministries and other
authorities and other subjects concerned to supply necessary information. They are obliged to supply
such an information.
(2)  On the basis of the request of the Ministry the Ministry of Finance shall supply its
position concerning matters of price during the investigation and the Office for Protection of
Economic Competition its position concerning the matters of an injury and the protection of
economic competition.G/ADP/N/1/CZE/2
Page 7
(3)  For the purpose of obtaining information the Ministry may use questionnaires and give
a 30 days period for reply. On the justified request of participant the period might be extended.
(4)  In cases in which required information are not supplied the Ministry may perform the
investigation on the basis of information available.
§ 13
In order to verify information requested by the Ministry from persons in the other states or
to obtain further details, the Ministry may in a case of necessity carry out investigation on the
territory of the other states. Ministry shall carry out requirements or investigations provided that it
obtains the agreement of the subject concerned and unless the respective authority of the stateobjects to the investigation.
§ 14
Confidential information
(1)  If the information is provided on a confidential basis by a supplying person, such
information shall not be disclosed or made available to other participants of the investigation
without the agreement of the supplying person. Laws and regulations regulating commercial1,
economic, service or state secret2 are not affected.
(2)  The Ministry shall require a person supplying confidential information to furnish non
confidential summaries thereof which shall be in sufficient detail. If person supplying information
indicate that it is not susceptible of summary, a statement of reasons why summarization is not
possible must be provided.
(3)  If the Ministry finds that a request for confidentiality is not warranted, it may
disregard such information. The Ministry sha ll inform a person supplying information on it.
(4)  Persons being in contact with information supplied or found during the investigation
shall keep silent on and shall not abuse their knowledge.
§ 15
Oral investigation
(1)  The Ministry is to order oral investigation any time if any participant of the
investigation or representative of the respective authority of the exporting country or the country of
origin requests. If the participant does not participate on the oral investigation, his absence shall not
be prejudicial to his rights.
(2)  Oral information shall be taken into accoun t only in so far as it is reproduced to the
Ministry in written form and in the required time-limit.
(3)  The Ministry shall publish the date of an oral investigation pursuant to alinea 1 in the
Commercial Bulletin and shall subsequently inform in writing other participants of the
investigation.
                                                     
1   § 17 of the Law No. 513/1991 Coll., Commercial Code.
2   The Law No. 102/1971 Coll., on the protection of the state secret.G/ADP/N/1/CZE/2
Page 8
§ 16
(1)  During the investigation the Ministry shall provide opportunity for participants to see
all information that is relevant to the decision, that is not confidential and supplied by any
participant. The participant of the investigation ma y make their views to this papers known in the
appropriate period of time required by the Ministry and not exceeding one month.
(2)  The Ministry shall, before the decision is made, inform all participants of the
investigation of the essential facts, which form the basis for the decision and shall provide a one
month period for making their views known.
(3)  In a case any participant shall not supply necessary information within the appropriate
period of time or impedes the investigation, preliminary and final decisions may be made on the
basis of the facts available.
§ 17
The Ministry shall terminate the investigation in adopting a decision within 12 month from
the date of the initiation of the investigation. In special circumstances the Ministry shall decide
within 18 month from the date of the initiation of the investigation at the latest.
Chapter 2
Adoption of decision
§ 18
Termination of investigation
(1)  The Ministry shall terminate the investigation, when the reason for the investigation
ceased to exist, especially if:
a) the volume of the imports of the dumped products is negligible, or
b) the margin of dumping is less than 2 per cent of the export price.
(2)  The volume of the imports of the dumped products shall normally be regarded as
negligible, if:
a) the volume of the dumped imports from a particular country is found to account for less than
3 per cent of imports of the like product to the Czech Republic, or
b) the volume of imports of the dumped products from countries which individually account for
less than 3 per cent of the imports of the like product to the Czech Republic collectively does
not account for more than 7 per cent of the imports of the like product.
(3)  The Ministry shall notify the decision on the termination of an investigation in
publishing it in the Commercial Bulletin. The day of the notification shall be considered as a day ofannouncement of the decision to participants of the investigation. The Ministry shall inform
subsequently participants of the investigation in written form.G/ADP/N/1/CZE/2
Page 9
§ 19
Provisional antidumping duty
(1)  If the Ministry has determined that the import of the dumped products caused injury
which is difficult to repair, it may adopt a decision on imposition of provisional antidumping duty
(hereafter called "provisional duty") with th e aim to prevent injury being caused during the
investigation.
(2)  The tariff of the provisional duty shall not be higher than the provisionally estimated
margin of dumping.
(3)  The Ministry shall, in the decision on the imposition of the provisional duty, mention
especially:
a) commercially standard description of the product,
b) the harmonized commodity description and the coding system nomenclature,
c) the exporting country and the country of origin of the product,d) the name of the subject having submitted the application on the imports of dumped products,
e) the name of the producer or the exporter,
f) the margin of dumping,
g) quantification of injury caused to the domestic industry,
h) provisional duty rate and period of its application.
(4)  Customs debt born pursuant to alinea 1 is secured in the form of a cash deposit or a
guarantee
3.
(5)  The provisional duty shall not be imposed sooner than 60 days from the date of the
initiation of the investigation. The application of the provisional duty shall be limited to the periodnot exceeding four months, under exceptional ci rcumstances this period may be six months. Upon
request of participants concerned the period of application of the provisional duty may be six
months, under exceptional circumstances nine months.
(6)  The exceptional circumstance shall be considered as a situation when the course of an
investigation testifies that a definitive duty lower than the margin of dumping would be sufficient to
remove injury.
(7)  The decision on the imposition of the provisional duty shall lose its validity at the
date when the decision on acceptance of an undertaking, decision on imposition of the definitive
duty or the decision on the termination of the investig ation has taken effect unless the period of its
application has finished earlier.
(8)  The request for a review of the decision on the imposition of the provisional duty
has not a dilatory effect. Renewal of the process or reviewing the decision outside of the appeal
processes against these decisions are not permissible. The decision on the imposition of the
provisional duty is considered as a decision, wh ich is, on request, a subject to judicial review
4.
                                                     
3 § 234 of the Law No. 13/1993 Coll. the Customs act.
4    The Law No. 99/1963 Coll., Civil process law.G/ADP/N/1/CZE/2
Page 10
§ 20
Acceptance of an undertaking
(1)  The Ministry may, in the course of the investigation, accept an undertaking from the
exporter to immediately revise its price of the dumped products or to cease to export the dumped
products to the Czech Republic (hereafter called "undertaking") so that the course of the
investigation justifies the existence of imports of the dumped products and subsequent injury and the
price revision offered by the exporter, which could be lower than the margin of dumping but may
not be higher, is sufficient to remove injury.
(2)  If the undertaking offered by the exporter is not sufficient to remove injury caused by
the imports of the dumped products or if the number of actual or potential exporters is high the
Ministry shall provide its representations to the exporter and also a time period not less than one
week for making the exporter its views known.
(3)  The undertaking is accepted for a period not exceeding five years unless otherwise
stipulated by this law. In the decision on the acceptance of an undertaking the Ministry may require
the exporter to provide information relevant to the fulfillment of such an undertaking in the required
time limit. If the decision on the acceptance of an undertaking is adopted, the provisional duty may
not be consecutively imposed. The decision on the imposition of the provisional duty adopted before
the decision on the acceptance of an undertaking is abolished.
(4)  In the decision on the acceptance of an undertaking the investigation shall be
suspended unless the exporter requires to follow up the investigation or unless the Ministry
considers it necessary to continue in the investigation.
§ 21
Proceeding after the acceptance of an undertaking
(1)  In a case the Ministry in the decision on the acceptance of an undertaking does not
suspend the investigation and in the course of th e further investigation determines that there were
the imports of the dumped products and subsequent injury and the accepted undertaking issufficient, it shall suspend the investigation.
(2)  If the Ministry, in the course of the fu rther investigation and after the adoption of the
decision on the acceptance of an undertaking, determines that there were the imports of the dumped
products and subsequent injury and the accepted undertaking does not correspond to determinedfacts, it shall abolish the decision on the acceptance of an undertaking. The exporter may offer the
Ministry, without any delay, a new appropriate undertaking.
(3)  If the Ministry, in the course of the fu rther investigation and after the adoption of the
decision on the acceptance of an undertaking, determines that there were not the imports of thedumped products and subsequent injury, it abolishes the decision on the acceptance of an
undertaking.G/ADP/N/1/CZE/2
Page 11
§ 22
Violation of an undertaking
(1)  If the Ministry, after the adoption of the decision of the acceptance of an undertaking,
determines, that the undertaking has been violated, it may, after giving the exporter an opportunity
to make comments, abolish the decision on the acceptance of an undertaking. A violation of an
undertaking shall be considered, as the failure of exporter to provide information pursuant to § 20.3
of this law.
(2)  In the case the investigation was terminated, the Ministry may initiate a new
investigation in the same case on its own initiative.
(3)  If the provisional duty has been imposed after the abolition of the decision on the
acceptance of an undertaking, the time-limit of 60 days set down in the § 19.5 is not applied.
§ 23
(1)  The Ministry requires the Ministry of Finance, the Office for the Protection of
Economic Competition, the Ministry of Foreign Affaires or other authority concerned to make
comments on project of decisions mentioned in § 20 to 22.  If the Ministry does not obtain
comments within 15 days, it is supposed that the authority concerned agrees.
(2)  The Ministry shall publish decisions mentioned in § 20 to 22 in the Commercial
Bulletin. The day of publication is considered as a day of the announcement of the decision to the
participants of the investigation. The Ministry shall inform the participants of the investigation in a
written form individually.
§ 24
(1)  The request for a review of decisions mentioned in § 20 to 22 has not a dilatory effect.
Renewal of the process or reviewing of the decisions outside of the appeal processes against these
decisions are not permissible.
(2)  The decision on the acceptance of an undertaking is an administrative decision which
has not a nature of a preliminary issue and it is, on request, a subject to judicial review.
§ 25
Definitive duty
(1)  If it is determined in the course of the investigation, that there were the imports of the
dumped products and subsequent injury and the decision on the acceptance of an undertaking has
not been adopted or the exporter has violated accepted undertaking, the Ministry shall adopt adecision on imposition of a definitive duty.
(2)  The Ministry shall, in the decision on the imposition of the definitive duty, refer to:
a) commercially standard description of the product,
b) the harmonized commodity description and the coding system nomenclature,
c) the exporting country and the country of origin of the product,
d) the name of the subject having submitted the application on the import of the dumped
products,G/ADP/N/1/CZE/2
Page 12
e) the name of the producer or the exporter,
f) the margin of dumping,
g) quantification of injury caused to the domestic industry,
h) definitive duty rate and the period of its application.
(3)  The definitive duty must not be higher than the determined margin of dumping and
shall be applied for the period not exceeding five years unless otherwise stipulated by this law. The
definitive duty can be less than the determined margin of dumping if such lesser duty would be
adequate to remove the injury.
(4)  The decision on the imposition of the provisional duty shall lose its validity at the date
when the decision on the imposition of the definitive duty has taken effect unless the decision hasbeen abolished by the decision on the acceptance of an undertaking.
(5)  The request for a review of the decision on imposition of the definitive duty has not a
dilatory effect. Renewal of the process or reviewing of the decisions outside of the appeal processes
are not permissible.
Chapter 3
Joint provisions on the provisi onal and the definitive duty
§ 26
(1)  The Ministry requires the Ministry of Finance, the Office for the Protection of
Economic Competition, the Ministry of Foreign Affaires or other authority concerned to make
written comments on projects of decisions on the imposition of the provisional duty and the decisionon the imposition of the definitive duty. If the Ministry does not obtain comments within 15 days, it
is supposed that the authority concerned agrees.
(2)  The Ministry shall publish a decision on the imposition of the provisional duty and a
decision on the imposition of the definitive duty in  the Commercial Bulletin. The day of publication
is considered as a day of the announcement of the decision to the participants of the investigation.
The Ministry shall inform the participants of th e investigation in written form individually. The
Ministry shall address a copy of the decision to the Ministry of Finance which shall communicate it
immediately to customs offices.
§ 27
(1)  The provisional duties and the definitive duties are imposed on the products released
for free circulation. The customs offices collect these duties under special law
5.
(2)  The definitive duty can be applied on the product of the same producer or the exporter
released for free circulation not more than 90 days prior to the date of the application of theprovisional duties, when the Ministry determines, that:
a) there is a history of dumping which caused injury or that the importer was or should have
been, aware that the producer or the exporter exports the dumped products causing injury, and
b) these exports to the Czech Republic, which by its massive nature and in light of the timing,
the volume and other circumstances seriously undermine the remedial effect of the definitiveduty. In this case, the Ministry shall give  an opportunity to the importer to comment.
                                                     
5   Act No. 13/1993 Coll. as amended.G/ADP/N/1/CZE/2
Page 13
(3)  No provisional and definitive duty shall be levied retroactively on products released
for free circulation prior to the date of the initiation of the investigation.
(4)  The provisional duty and the definitive duty shall not be imposed in the case of the
termination of investigation pursuant to § 18.
§ 28
Repayment of duty
(1)  When the tariff of the provisional duty is higher than the tariff of the definitive duty
the duty paid in excess shall be refund by the authority having collected the duty upon request of theperson who has paid the duty. The request shall be presented within at the latest 90 days from the
date when the decision on the imposition of definitive duty come into legal force and the duty paid
in excess shall be refund within 90 days from the presentation of the request.
(2)  When the tariff of the provisional duty is less than the tariff of the definitive duty, the
difference shall not be collected.
(3)  When the Ministry terminates the investigation pursuant to § 18 the authority
collecting the duty shall refund the provisional duty paid upon request of the person who has paid
the duty. The request shall be presented within at the latest 90 days from the date when the decisionon the termination of an investigation come into le gal force and the duty shall be refund within at
the latest 90 days from the presentation of the request.
Chapter III
Modification and cancellation of decision
§ 29
(1)  After the date when the decision on the imposition of the definitive duty or the
decision on the acceptance of an undertaking come into legal force, the Ministry can modify or
cancel these decisions upon written request of a participant of the investigation or on its owninitiative.
(2)  The process pursuant to this chapter shall be terminated within 12 month from the date
of its initiation. In special circumstances Ministry decides within at the latest 18 month from the date
of initiation of the process.
§ 30
Reduction of the definitive duty or undertaking
(1)  The Ministry can adopt the decision on reduction of the definitive duty or the decision
on modification of an undertaking, when in a review  determines that reasons for the collection of the
definitive duty on the original level or for existence of undertaking in original extent are changed.
(2)  The undertaking can be modified only when the exporter offers its appropriate
modification.G/ADP/N/1/CZE/2
Page 14
§ 31
Cancellation of the definitive duty or undertaking
When the Ministry determines that reasons for the collection of the definitive duty or for
the further existence of the undertaking ceased to exist, it shall cancel the decision on the imposition
of the definitive duty or decision on the acceptance of an undertaking.
§ 32
Extension of the definitive duty or undertaking
(1)  When the Ministry determines, in a review, that termination of the application of the
definitive duty or the termination of the validity of an undertaking would be likely to lead to
continuation or recurrence of the imports of the dumped products and subsequent injury, it adopts
the decision on the extension of an application of the definitive duty or on extension of validity of an
undertaking. The application on the review shall be presented at the latest 12 months prior to thedate when the period of the application of the definitive duty or validity of undertaking shall elapse.
(2)  If the exporter shall not offer, in the period of time fixed by the Ministry an
appropriate undertaking, the Ministry shall adopt the decision on the imposition of the definitive
duty.
(3)  When the definitive duty or the undertaking is extended pursuant to alinea 1 the period
of application of the definitive duty or the period of validity of an undertaking can be longer than 5
years.
§ 33
(1)  In processes pursuant to this chapter the Ministry shall apply the particular provision
of this law mutatis mutandis.
(2)  The request for a review of decisions mentioned in this chapter has not a dilatory
effect. Renewal of the process or reviewing of th e decision outside of the appeal processes against
these decisions are not permissible.
(3)  The Ministry shall publish decisions adopted pursuant to this chapter in the
Commercial Bulletin. The day of publication is considered as a day of the announcement of the
decision to the participants of the process. The Mini stry shall inform participants of the process in a
written form individually.G/ADP/N/1/CZE/2
Page 15
Part three
Modifications and complements of some laws
§ 34
The law of the Czech National Council No. 2/1969 Coll. on constitution of ministries and
other central state administration entities of th e Czech Republic as amended by laws No. 34/1970
Coll., No. 147/1970 Coll., No. 125/1973 Coll., No. 25 /1976 Coll., No. 118/1983 Coll., No. 60/1988
Coll., No. 173/1989 Coll., No. 9/1990 Coll., No . 93/1990 Coll., No. 126/1990 Coll., No. 203/1990
Coll., No. 288/1990 Coll., No. 305/1990 Coll., No. 575/1990 Coll., No. 173/1991 Coll., No.
283/1991 Coll., No. 19/1992 Coll., No. 23/1992 Coll., No. 103/1992 Coll., No. 167/1992 Coll., No.239/1992 Coll., No. 350/1992 Coll., No. 358/1992 Co ll., No. 359/1992 Coll., No. 474/1992 Coll.,
No. 548/1992 Coll., No. 21/1993 Coll., No. 166/1993 Coll., No. 285/1993 Coll., No. 47/1994 Coll.,
No. 89/1995 Coll., No. 289/1995 Coll., No. 135/1996 Co ll., and law No. 272/1996 Coll. is amended
as follows:
In § 13.3.d) the full stop is replaced by the comma and a new alinea e) reads as follows:
"e)  considers the imports of the dumped products and adopts measures on the protection
against the import of such products."
Part four
Joint and final provisions
§ 35
Relationship to the Administrative Code
Unless otherwise stipulated in this law, the general provisions on administration processes
6
shall apply to the procedure set forth in this law.
§ 36
Investigation on the import of the dumped products in a third country
The Ministry shall consider and reply to the application on information which is necessary
to communicate in connection with the investigation on the imports of the dumped products made inthird countries when the application is made by the authority competent pursuant to the law of the
third country and the application is duly substantiated.
§ 37
Relationship to the international treaties
Provisions of this law shall apply unless otherwise provided by the international treaty
binding the Czech Republic and published in the Collection of Laws
7.
                                                     
6   Act No. 71/1967 Coll., on Administrative processes (Administrative Code).
7   Communication of the Ministry of Foreign Affairs No. 191/1995 Coll., publishing the text of the
WTO Agreement.G/ADP/N/1/CZE/2
Page 16
§ 38
Written materials appointed pursuant to this law to the authority of the exporting country
or the country of origin can be sent through their diplomatic mission.
§ 39
This law comes into effect with the day of publication.
__________