WORLD TRADE
ORGANIZATIONG/ADP/N/1/ARM/1
G/SCM/N/1/ARM/1
30 July 2003
(03-4049)
Committee on Anti-Dumping Practices
Committee on Subsidies and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS
ARMENIA
The following communication, dated 28 July 2003, has been received from the Republic of
Armenia.
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TABLE OF CONTENTS
Page
I. GENERAL PR OVISIONS.......................................................................................................3
II. DUMPING..................................................................................................................... ............4
A. P RINCIPLES ............................................................................................................................... ...4
B. D ETERMINATION OF NORMAL VALUE ........................................................................................5
C. D ETERMINATION OF THE EXPORT PRICE ....................................................................................7
D. T HE MARGIN OF DUMPING AND COMPARISON FOR THE DETERMINATION OF THE
MARGIN OF DUMPING .................................................................................................................8
III. SUBSIDIES.................................................................................................................. ..............9
A. P RINCIPLES ............................................................................................................................... ...9
B. A CTIONABLE AND NON-ACTIONABLE SUBSIDIES ....................................................................10
C. C ALCULATION OF THE AMOUNT OF ACTIONABLE SUBSIDY .....................................................14
IV. INJURY AND CAUS AL LINK .............................................................................................15
A. D ETERMINATION OF INJURY AND THREAT OF INJURY ..............................................................15
B. C AUSAL LINK............................................................................................................................17
V. INITIATION AND CONDUCT OF INVESTIG ATIONS..................................................18
A. D ECISION AND INITIATION OF INVESTIGATION .........................................................................18
B. T HE PROCEDURE OF INVESTIGATION ........................................................................................21
C. T ERMINATION OF INVESTIGATION ............................................................................................26
VI. IMPOSITION OF ANTI-DUMPING AND COUNTERVAILING  MEASURES ............26
A. P ROVISIONAL MEASURES .........................................................................................................26
B. V OLUNTARY UNDERTAKINGS ...................................................................................................28
C. F INAL IMPOSITION AND COLLECTION OF ANTI-DUMPING AND COUNTERVAILING
DUTIES ............................................................................................................................... .......29
D. R EVIEW AND SUBSEQUENT PROCEDURES .................................................................................33
E. R EFUND OF DUTIES PAID IN EXCESS ........................................................................................34
F. C IRCUMVENTION .......................................................................................................................35
G. M AINTENANCE OF CONFIDENTIALITY ......................................................................................36
H. J UDICIAL REVIEW .....................................................................................................................36
I. F INAL PROVISIONS ....................................................................................................................37G/ADP/N/1/ARM/1
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LAW ON ANTI-DUMPING AND COUNTERVAILING MEASURES
REPUBLIC OF ARMENIA
2002 YEREVAN
Non-official translation
Adopted on 19th June 2002
I. GENERAL PROVISIONS
Article 1:  Objectives of the Law
This law defines dumping, subsidy and the rules regulating the implementation of anti-
dumping and countervailing measures on products imported into the territory of the Republic of
Armenia, which are causing injury to the domestic industry. The provisions of the Law on Anti-
Dumping and Countervailing Measures are not applied to agriculture.
Article 2:  The Anti-Dumping and Countervailing Legislation
1. The Anti-Dumping and Countervailing Legislation is including the Constitution of the
Republic of Armenia, Civil Code of the Republic of Armenia, Customs Code of the Republic of
Armenia, this Law and other legislative acts.
2. Where the provisions of this Law are different from those stipulated by international treaties
of the Republic of Armenia, the provisions of the international treaties shall apply.
Article 3:  Definitions
The following terms are used in this Law:
"countervailing duty" shall be understood to mean a special duty levied for the purpose of off-
setting import of products, for the manufacture, production or export of which the governmentof the country of origin or of export, directly  or indirectly, bestowed a subsidy, which causes
injury to the domestic industry of the Republic of Armenia;
"Anti-dumping duty" shall be understood to m ean a special duty levied for the purpose of
dumped imports, which causes injury to the dom estic industry of the Republic of Armenia;
"Domestic industry" shall mean the domestic pr oducers of  the Republic of Armenia as a whole
of the like products or those of them whose co llective output of that product constitutes more
than a part of the total domestic production of that product, except that when producers are
related to the exporters or importers or are themselves importers of the allegedly dumped
investigated product.  For the purposes of this definition, producers shall be deemed to be
related to exporters or importers only if:
(i) one of them directly or indirectly controls the other; or
(ii) both of them are directly or indirectly controlled by a third person; or
(iii) together they directly or indirectly control a third person;G/ADP/N/1/ARM/1
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provided that there are grounds for believing or suspecting that the effect of the relationship is
such as to cause the producer concerned to beha ve differently from non-related producers.  For
the purposes of this definition, one shall be deemed  to control another when the former is legally
or operationally in a position to exercise restraint or direction over the latter;
"Government" is defined as a government of the country of origin or exporting country or other
state body;
"Injury" shall, unless otherwise specified, mean material injury to the domestic industry, threat
of material injury to the domestic industry or material retardation of the establishment of thedomestic industry;
"Interested parties" shall mean:
(i) the exporter(s) or foreign producer(s) of the investigated product; 
(ii) the importer(s) of the investigated product; 
(iii) non-governmental organization, legal association(s) a majority of the
members of which are producers, exporters or importers of the investigated
product;
(iv) the government(s) of the exporting country(ies);
(v) the producer(s) of the like product in the Republic of Armenia; 
(vi) non-governmental organization, legal association(s) a majority of the
members of which produce the like pr oduct in the Republic of Armenia;
"Investigated product" shall mean the product, imported in the Republic of Armenia, subject to
an anti-dumping or countervailing investigation; 
"Like product" shall mean a product, which is id entical, i.e. alike in all respects to the
investigated product, or has characteristics clos ely resembling those of the investigated product;
"Authorized Body" shall mean th e authorized state body of the Government of the Republic of
Armenia, which is in charge of admini stering the anti-dumping and countervailing
investigations.
II. DUMPING
A. P
RINCIPLES
Article 4:  Application of Anti-Dumping Measures
The anti-dumping measures shall be applied to  products imported into the territory of the
Republic of Armenia when the Authorized Body dete rmines, pursuant to an investigation initiated and
conducted in accordance with the provisions of this  Law, that the import of investigated product is
dumped within the meaning of provisions of Part II  of this Law and there is injury to the domestic
industry.G/ADP/N/1/ARM/1
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Article 5: Definition  of Dumped Imports
For the purposes of this law, an import of inve stigated product is to be considered as being
dumped, if the product is imported to the Republic of Armenia at the price less than its normal valuei.e. introduced into the commerce of the Republic of Ar menia at less than its normal value, if the export
price of the investigated product exported from one country to the Republic of Armenia  is less than a
comparable price, in the ordinary course of trade,  for the like product when destined for consumption in
the exporting country.
Article 6: Exporting Country
The exporting country in relation to the anti-dumping measures shall normally be the country of
origin of investigated product or it may be any other country, from which the investigated product is
imported to the territory of the Republic of Armenia,  except for cases, when the territory of the country
is used merely for transit of goods, or the products concerned are not produced in that country, or there
is no comparable price for them in that country.
B. D
ETERMINATION OF NORMAL VALUE
Article 7:  Normal Value Based on Prices in Exporting Country
1. Except in circumstances provided in Article 8 of this Law, the Authorized Body shall
establish the normal value of the investigated product on the basis of comparable prices paid orpayable, in the ordinary course of trade, by independent customers in the exporting country.
2. Prices between parties which appear to be associated or to have a compensatory arrangement
with each other may not be considered to be the price in the ordinary course of trade and may not be
used to establish normal value unless it is determined that they are unaffected by the relationship. 
3. Where the exporter does not produce or does not sell the like product in the domestic market
of exporting country, the normal value may be established on the basis of prices of other sellers or
producers in the exporting country.
Article 8:  Normal Value Based on Constructed Value or Export Price to a Third Country
1. When there are no sales of the like product in the ordinary course of trade in the domestic
market of the exporting country, or when such sales do not permit a proper comparison because of the
particular market situation or the low volume of the sales in the domestic market of the exporting
country, the Authorized Body shall establish the normal value of the investigated product on the basis
of either:
(a) the cost of production in the country of origin and selling costs plus usual profit; or
(b) a comparable price of the like product when exported to a third country .
2. Sales of the like product destined for consumption in the domestic market of the exporting
country, or sales of the like product to an appropriate third country, shall be considered to be of
sufficient volume for the determination of the normal value of the product if such sales constitute at
least 5 per cent of the sales of the investigated product in the Republic of Armenia.  However, the
Authorized Body shall apply a lower per cent if based on the evidence submitted by interested partiesG/ADP/N/1/ARM/1
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or otherwise available, that sales at such lower per cent are nonetheless of sufficient magnitude to
provide for a proper comparison.
Article 9:  Normal Value for Sales Below Cost1. The Authorized Body may treat sales of the like product in the domestic market of the
exporting country or sales to a third country at prices below per unit (fixed and variable) cost of
production plus selling, general and administrative costs as not being in the ordinary course of trade
by reason of price and may disregard such sales in determining normal value only if the Authorized
Body determines that such sales were made:
(a) within an extended period of time (normally one year, but no less than six months);
(b) in substantial quantities; and
(c) at prices which do not provide for the recovery of all costs within a reasonable period
of time.
2. For the purposes of this Article, sales below cost shall be considered as made in substantial
quantities if:
(a) for the determination of the normal value the weighted average of selling price of the
transactions under consideration is below the weighted average of cost; or
(b) the volume of sales below cost represents not less than 20 per cent of the volume sold
in transactions under consideration for the determination of the normal value.
3. If prices, which are below cost at the time of sale, are above the weighted average of cost for
the period of investigation, the Authorized Body sha ll consider such prices as providing for recovery
of costs within a reasonable period of time.
Article 10:  Calculation of Costs
1. For the purposes of Articles 8 and 9, the Authorized Body shall normally calculate costs on
the basis of accounting records kept by the exporter or producer under investigation, provided thatsuch records are in accordance with the generally accepted accounting principles of the exporting
country and reasonably reflect the costs associated with the production and sale of the like product.
2. For the purposes of Articles 8 and 9, if the amounts of production and selling costs can not be
determined based on actual data pertaining to production and sales in the ordinary course of trade of
the like product by the exporter or producer under investigation, then the amounts may be determined
on the basis of:
(a) the actual amounts incurred and realized by the exporter or producer in question in
respect of production and sales in the domestic market of the country of origin of the
same general category of products;
(b) the weighted average of the actual amounts incurred and realized by other exporters
or producers subject to investigation in respect of production and sales of the like
product in the domestic market of the country of origin; orG/ADP/N/1/ARM/1
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(c) any other reasonable method, provided that the amount for profit so established shall
not exceed the profit normally realized by other exporters or producers on sales of
products of the same general category in the domestic market of the country of origin
of the like product.
3. The Authorized Body shall consider all available evidence on the proper allocation of costs,
including that which is made available by the exporter or producer in the course of the investigation
provided that such allocations have been historically utilized by the exporter or producer, in particular
in relation to establishing appropriate amortization and depreciation periods and allowances for
capital expenditures and other development costs.
4. Unless already reflected in the cost allocations under this Article, the Authorized Body shall
adjust costs appropriately for those non-recurring items of cost, which benefit future and/or currentproduction, or for circumstances in which costs during the period of investigation are affected by
start-up operations.  The adjustment made for start-up operations shall reflect the costs at the end of
the start-up period or, if that period extends beyond the period of investigation, the most recent costs
which can reasonably be taken into account by the Authorized Body during the investigation.
Article 11:  Non-Market Economies
1. Where the exporting country is a non-market economy country, the Authorized Body may, to
the extent it considers the methodology for determ ining normal value set forth in this law to be
inappropriate, determine the normal value on the basis of:
(a) the comparable price paid or payable, in the ordinary course of trade, for sales of the
like product when destined for consumption in an appropriate market economy
country;
(b) the comparable price paid or payable, in the ordinary course of trade, for exports of
the like product from an appropriate market economy country to other countries,
including the Republic of Armenia;
(c) the price actually paid or payable in the Republic of Armenia for the domestic like
product, duly adjusted if necessary to include a profit margin corresponding to the
margin to be expected under the existing economic circumstances for the sector
concerned; or
(d) any other reasonable basis.
2. The parties to the investigation shall be informed by the Authorized Body about a selection of
the country with an appropriate ma rket economy within 7 days after the selection and shall be given
10 days for comments.
C. D
ETERMINATION OF THE EXPORT PRICE
Article 12:  Export Price
1. Except as provided for in paragraphs 2 and 3 of this Article, the export price shall be the price
actually paid or payable for the investigated product when sold from the exporting country for the
import to the Republic of Armenia.G/ADP/N/1/ARM/1
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2. In cases where there is no export price or where it appears to the Authorized Body that the
export price is unreliable because of association or a compensatory arrangement between the exporter
and the importer or the exporter and a third party:
(a) the export price may be constructed on the basis of the price at which the imported
products are first resold to an independent buyer; or
(b) if the products are not resold to an independent buyer, or not resold in the condition in
which they were imported, on any reasonable basis as determine by the Authorized
Body.
3. In the cases mentioned in paragraph (2) above, adjustments for all costs, including duties and
taxes, incurred between importation and resale, and for profits accruing, shall be made so as to
establish a reliable export price, at the frontier of the Republic of Armenia. The items for whichadjustment shall be made shall include those normally borne by the importer but paid by any party,
either inside or outside of the Republic of Armenia, which appears to be associated or to have a
compensatory arrangement with the importer or exporter, including usual transport, insurance,
handling, loading and ancillary costs; customs duties, any anti-dumping duties, and other taxes
payable in the Republic of Armenia by reason of the importation or sale of the goods; and a
reasonable margin for selling, general and administrative costs and profit.
D. T
HE MARGIN OF DUMPING AND COMPARISON FOR THE DETERMINATION OF THE MARGIN OF
DUMPING
Article 13:  Margin of Dumping
The margin of dumping shall be the amount by which the normal value exceeds the export
price. The Authorized Body shall, as a rule, determine the margin of dumping for each known
exporter or producer of the investigated product. Where the margins of dumping vary, a weighted
average of the margin of dumping may be established.
Article 14:  Adjustments
1. The Authorized Body shall make a fair comparison between the export price and the normal
value.  This comparison shall be made at the same level of trade, normally at the ex-factory level, and
in respect of sales made at as nearly as possible the same time.
2. Due allowance shall be made in each case, on its merits, for differences which affect price
comparability, including differences in conditions and terms of sale, taxation, levels of trade,quantities, physical characteristics, transportation costs, insurance, ancillary costs and any other
differences which are also demonstrated by interested parties to affect price comparability.  As some
of the above factors may overlap, the Authorized Body shall ensure that they do not duplicate
adjustments that have been already made under this Article.
3. In cases where the export price is constructed on the basis of the price at which the imported
products are first resold to an independent buyer pursuant to Article 12, paragraph (2)(1), allowances
for costs, including duties and taxes, incurred between importation and resale, and a reasonable
amount for profits accruing, may also be made.  If in these cases, price comparability has been
affected, the Authorized Body shall establish the normal value at a level of trade equivalent to the
level of trade of the constructed export price, or shall make due allowance as warranted under thisArticle.G/ADP/N/1/ARM/1
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4. The Authorized Body shall indicate to the part ies in question what information is necessary to
ensure a fair comparison and shall not impose an unreasonable burden of proof on those parties.
Article 15:  Methods of Comparison1. Subject to the provisions governing fair compar ison in Article 14, the Authorized Body shall
normally establish the existence of dumping margins on the basis of a comparison of a weighted
average normal value with a weighted average of prices  of all comparable export transactions or by a
comparison of normal value and export prices on a transaction-to-transaction basis.
2. A normal value established on a weighted average basis may be compared to prices of
individual export transactions if the Authorized B ody finds that the export prices have the tendency to
be significantly different among different purchasers, regions or time periods.  In such circumstances,the Authorized Body shall explain why such differences cannot be taken into account appropriately by
the use of a weighted average-to-weighted average or transaction-to-transaction comparison.
Article 16:  Currency Conversion
1. When the price comparison requires a conversion of currencies, the Authorized Body shall
make such conversion using the rate of exchange on the date of sale.
2. The date of sale shall normally be the date of contract, purchase order, order confirmation, or
invoice, whichever establishes the material terms of sale.
3. Notwithstanding paragraphs (1) and (2) above, when a sale of foreign currency on forward
markets is used in direct relation to an export sale, the Authorized Body shall use the rate of exchangein the forward sale for all the related transactions.
4. The Authorized Body shall ignore fluctuations in  exchange rates, and shall allow exporters at
least 60 days to have adjusted their export prices to reflect sustained movements in exchange rates
during the period of investigation.
III. SUBSIDIES
A. P
RINCIPLES
Article 17:  Application of Countervailing Measures
1. The Authorized Body may only apply countervailing measures to products imported into the
Republic of Armenia when the Authorized Body determines, pursuant to an investigation initiated and
conducted in accordance with the provisions of this Law, that:
(a) the investigated product benefits from a actionable subsidy within the meaning of
Part III of this Law;  and
(b) there is injury to the domestic industry of the Republic of Armenia.
Article 18:  Definition of a Subsidy
For the purpose of this law, a subsidy shall be deemed to exist if:G/ADP/N/1/ARM/1
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(a) there is a financial contribution by a government in the country of origin or export,
any form of income or price support (which  can directly or indirectly increase the
volume of export from the respective country or decrease the volume of import into
the respective country), a benefit is thereby conferred on the recipient of financialcontribution.
(b) The financial contribution mentioned in paragraph 1 of this Article implies:
(i) a government practice involves a direct transfer of funds (for example, grants,
loans, equity infusion), potential direct transfers of funds or liabilities (for
example, loan guarantees;
(ii) government revenue that is otherwise due is forgone or not collected (for
example, fiscal incentives such as tax credits);
(iii) a government provides goods or services other than general infrastructure, or
purchases goods;
(iv) a government makes payments to a funding mechanism or entrusts or directs
a private body to carry out one or more of the type of functions illustrated in
points 1, 2 and 3 which would normally be vested in the government, and thepractice,  in no real sense, differs from practices normally followed by
governments;
Article 19:  Products Benefitting from Subsidies
1. For the purpose of this law, a product is considered to be subsidized if it benefits from a
actionable subsidy as defined in Articles 20 and 21. A subsidy can be granted by the government of
the exporting country, directly or indirectly, for the production, export or transport of any product.
2. In view of anti-subsidizing, the exporting country shall be the country of origin of the
imported product or any other country, from which the product is exported to the Republic ofArmenia, except for cases when the respective country is used for the transit of the product.
Notwithstanding the provisions of the part 1 of this Article, the provisions of this Law shall be fully
applicable when the product is not directly imported from the country of origin, but are exported to
the Republic of Armenia from a non-subsidizing intermediate country. In such case, the product is
deemed to be imported from the country of origin.
B. A
CTIONABLE AND NON-ACTIONABLE SUBSIDIES
Article 20:  Actionable Subsidies
1. Subsidies shall be subject to countervailing measures only if they are specific, as defined in
Article 21 of this Law.
Article 21:  Specific Subsidies
1. In order to determine whether a subsidy is specific to an enterprise or industry or group of
enterprises or industries (hereinafter referred to as "certain enterprises") within the jurisdiction of the
granting authority, the following principles shall apply:G/ADP/N/1/ARM/1
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(a) where the granting authority, or the legislation pursuant to which the granting
authority operates, explicitly limits access to a subsidy to certain enterprises, such
subsidy shall be specific;
(b) a subsidy which is limited to certain enterprises located within a designated
geographical region within the jurisdiction of the granting authority shall be specific.
The setting or changing of generally applicable tax rates by all levels of government
entitled to do so shall not be deemed to be  a specific subsidy for the purposes of this
law.
(c) notwithstanding the provisions of this Article , a subsidy contingent, in law or in fact,
whether solely or as one of several other conditions, upon export performance. A
subsidy shall be considered to be contingent in fact upon export performance whenthe facts demonstrate that the granting of a subsidy, without having been made legally
contingent upon export performance, is in fact tied to actual or anticipated exportation
or export earnings. The mere fact that a subsidy is accorded to enterprises which
export shall not for that reason alone be considered to be an export subsidy within the
meaning of this provision
(d) notwithstanding the provisions of this Article, a subsidy contingent whether solely or
as one of several other conditions, upon the use of domestic over imported goods.
(e) Where the granting authority, or the legislation pursuant to which the granting
authority operates, establishes objective criteria or conditions governing the eligibility
for, and the amount of, a subsidy, specificity shall not exist, provided that theeligibility is automatic and that such criteria and conditions are strictly adhered to.
For the purpose of this Article, objective criteria or conditions mean criteria or
conditions which are neutral, which do not favor certain enterprises over others, and
which are economic in nature and horizontal in application.
(f) Other factors may be considered to decide whether  the subsidy is specific or not.
Such factors are: use of a subsidy program by a limited number of certain enterprises;
predominant use by certain enterprises; the granting of disproportionately large
amounts of subsidy to certain enterprises; and the manner in which discretion has
been exercised by the granting authority in the decision to grant a subsidy. In this
regard, information on the frequency with which applications for a subsidy are
refused or approved and the reasons for such decisions shall, in particular, be
considered.
In applying the first subparagraph, account shall be taken of the extent of
diversification of economic activities within the jurisdiction of the granting authority,
as well as of the length of time during which the subsidy program has been in
operation.
Article 22:  Non-actionable Subsidies
Within the meaning of this Law non-actionable subsidies are considered to be:
(a) subsidies that are not specific
(b) subsidies which are specific, within the meaning of Article 21, but which meet the
provisions of Articles 23, 24 and 25 of this Law;G/ADP/N/1/ARM/1
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Article 23: Subsidies for Research Activities
1. Subsidies for research activities conducted by firms or by higher education or research
establishments on a contract basis with firms shall not be subject to countervailing measures, if the
subsidies cover not more than 75 per cent of the costs of industrial research or 50 per cent of the costs
of pre-competitive development activity, and provided that such subsidies are limited exclusively to:
(a) personnel costs (researchers, technicians and other supporting staff employed
exclusively in the research activity);
(b) costs of instruments, equipment, land and buildings used exclusively and permanently
(except when disposed of on a commercial basis) for the research activity;
(c) costs of consultancy and equivalent services used exclusively for the research
activity, including bought-in research, technical knowledge, patents, etc.;
(d) costs incurred directly as a result of the research activity (such as those of materials,
supplies and the like);
2. The first part of this Article shall not apply to civil aircraft.
3. For the purpose of the first part of this Article:
(a) the allowable levels of non-actionable subsidy shall be established by reference to the
total eligible costs incurred over the duration of an individual project. In the case of
program which span both 'industrial research' and 'pre-competitive development
activity', the allowable level of non-acti onable subsidy shall not exceed the simple
average of the allowable levels of non-actionable subsidy applicable to the above two
categories, calculated on the basis of all eligible costs as set forth in points 1,2,3,4 of
the first part of this Article;
(b) the term 'industrial research' means planned search or critical investigation aimed at
discovery of new knowledge, with the objective that such knowledge may be usefulin developing new products, processor services, or in bringing about a significant
improvement to existing products, processes or services;
(c) the term 'pre-competitive development activity' means the translation of industrial
research findings into a plan, blueprint or design for new, modified or improved
products, processes or services, whether intended for sale or for use, including the
creation of a first prototype which would not be capable of commercial use. It may
further include the conceptual formulation and design of products, processes orservices alternatives and initial demonstration or pilot projects, provided that these
same projects cannot be converted or used for industrial application or commercial
exploitation. It does not include routine or periodic alterations to existing products,
production lines, manufacturing process, services, and other ongoing operations even
though those alterations may represent improvements.G/ADP/N/1/ARM/1
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Article 24: Subsidies to  Disadvantaged Regions
1. Subsidies to disadvantaged regions within the territory of the country of origin and/or export,
given pursuant to a general framework of regional development, which are not specific within themeaning of Article 21 of this Law and shall not be subject to countervailing measures, provided that:
(a) each disadvantaged region is a clearly designated contiguous geographical area with a
definable economic and administrative identity;
(b) the region is regarded as disadvantaged on the basis of neutral and objective criteria,
indicating that the region's difficulties arise out of more than temporary
circumstances; such criteria must be clearly spelled out by legislative acts, so as to be
capable of verification;
(c) the criteria mentioned in point 2 include a measurement of economic development
which shall be based on at least one of the following factors over a three-year period:
(i) either income per capita, or household income per capita, or GDP per capita,
which must not be above 85 per cent of the average for the territory of the
country of origin or export concerned;
(ii) unemployment rate, which must be at least 110 per cent of the average for the
territory of the country of origin or export concerned;
2. For the purpose of the first paragraph of this Law:
(a) a 'general framework of regional development' means that regional subsidy programs
are part of an internally consistent and generally applicable regional developmentpolicy and that regional development subsidies are not granted in isolated
geographical points having no, or virtually no, influence on the development of a
region;
(b) 'neutral and objective criteria' means criteria, which do not favor certain regions,
beyond what is appropriate for the elimination or reduction of regional disparitieswithin the framework of the regional deve lopment policy. In this regard, regional
subsidy programs shall include ceilings on the amount of subsidy, which can be
granted to each subsidized project. Such ceilings must be differentiated according to
the different levels of development of eligible regions and must be expressed in terms
of investment costs or the cost of job creation. Within such ceilings, the distribution
of subsidy shall be sufficiently broad and even to avoid the predominant use of a
subsidy by, or the granting of disproportionately large amounts of subsidy to, certainenterprises.
Article 25: Environmental Subsidies
1. Subsidies to promote adaptation of existing facilities to new environmental requirements
imposed by legislative acts which result in greater constraints and financial burden on firms shall notbe subject to countervailing measures, provided that the subsidy:
(a) is a one-off non-recurring measure; and
(b) is limited to 20 per cent of the cost of adaptation; andG/ADP/N/1/ARM/1
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(c) does not cover the cost of replacing and operating the subsidized investment, which
must be fully borne by the firms; and
(d) is directly linked to and proportionate to a firm's planned reduction of nuisances and
pollution, and does not cover any manufacturing cost savings which may be achieved;and
(e) is available to all firms which can adopt the new equipment and/or production
processes.
2. For the purpose of the first subparagraph the term 'existing facilities' means facilities having
been in operation for at least two years at the time when new environmental requirements are
imposed.
C. C
ALCULATION OF THE AMOUNT OF ACTIONABLE SUBSIDY
Article 26:  The amount  of Actionable Subsidy
For the purposes of this Law the amount of actionable subsidies, shall be calculated in terms
of the benefit conferred on the recipient, which is found to exist during the investigation period for
subsidization.
Article 27:  Calculation of the Amount of Benefit and the Amount of Actionable Subsidy
1. As regards the calculation of benefit to th e recipient, the following rules shall apply:
(a) government provision of equity capital shall not be considered to confer a benefit,
unless the investment can be regarded as inconsistent with the usual investment
practice (including for the provision of risk capital) of private investors in the
territory of the country of export;
(b) a loan by a government shall not be considered to confer a benefit, unless there is a
difference between the amount that the firm receiving the loan pays on thegovernment loan and the amount that the firm would pay for a comparable
commercial loan which the firm could actually obtain on the market. In that event the
benefit shall be the difference between these two amounts;
(c) a loan guarantee by a government shall not be considered to confer a benefit, unless
there is a difference between the amount that  the firm receiving the guarantee pays on
a loan guaranteed by the government and the amount that the firm would pay for a
comparable commercial loan in the absence of the government guarantee. In this case
the benefit shall be the difference betw een these two amounts, adjusted for any
differences in fees;
(d) the provision of goods or services or purchase of goods by a government shall not be
considered to confer a benefit, unless the provision is made for less than adequate
remuneration or the purchase is made for more than adequate remuneration. Theadequacy of remuneration shall be determined in relation to prevailing market
conditions for the product or service in question in the country of provision or
purchase (including price, quality, availability, marketability, transportation and other
conditions of purchase or sale).G/ADP/N/1/ARM/1
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2. The amount of the actionable subsidy shall be determined per unit of the subsidized product
exported to the Republic of Armenia. In establishing this amount the following elements shall be
deducted from the total subsidy:  any application fee, or other costs necessarily incurred in order to
qualify for, or to obtain, the subsidy; export taxes, duties or other charges levied on the export of theproduct specifically intended to offset the subsidy.
3. Where the subsidy is not granted by reference to the quantities manufactured, produced,
exported or transported, the amount of actionable subsidy shall be determined by allocating the value
of the total subsidy, as appropriate, over the volume of production, sales or exports of the products
concerned during the investigation period for subsidization
4. Where the subsidy can be linked to the acquisition or future acquisition of fixed assets, the
amount of the actionable subsidy shall be calculated by spreading the subsidy across a period, whichreflects the normal depreciation of such assets in the industry concerned. The amount so calculated
which is attributable to the investigation period, including that which derives from fixed assets
acquired before this period, shall be allocated as described in paragraph 3 of this Article. Where the
assets are non-depreciating, the subsidy shall be valued as an interest-free loan, and be treated in
accordance with point 2 of paragraph 1 of Article 27.
5. Where a subsidy cannot be linked to the acquisition of fixed assets, the amount of the benefit
received during the investigation period shall in principle be attributed to this period, and allocated as
described in paragraph 3 of this Article, unless special circumstances arise justifying attribution over a
different period.
IV. INJURY AND CAUSAL LINK
A. D
ETERMINATION OF INJURY AND THREAT OF INJURY
Article 28:  Principles
A determination of injury for the purposes of this law shall be based on positive evidence and
involve an objective examination of the volume of the dumped and/or subsidized imports and effect ofthe dumped and/or subsidized imports on prices in the domestic market for like products and the
consequent impact of these imports on domestic producers of such products.
Article 29:  Examination of the Volume of Dumped and/or Subsidized Imports and their Effects
on Market Prices in the Republic of Armenia
1. With regard to the volume of the dumped and/or subsidized imports, the Authorized Body
shall consider whether there has been a significant increase in dumped and/or subsidized imports,
either in absolute terms or relative to production or consumption in the Republic of Armenia.
2. With regard to the effect of the dumped and/or subsidized imports on prices in the market of
the Republic of Armenia, the Authorized Body shall consider whether:
(a) there has been a significant price undercutting by the dumped and/or subsidized
imports as compared with the price of a like product of the industry of the Republic
of Armenia; or
(b) whether the effect of such imports is otherwise to depress prices to a significant
degree or prevent price increases, which otherwise would have occurred, to a
significant degree.G/ADP/N/1/ARM/1
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3. No one or several of the factors identified in paragraphs 1 and 2 of this Article can necessarily
give decisive guidance.
Article 30:  Cumulative Assessment of Dumped and/or Subsidized Imports
Where imports of a like product from more than one country are the subject of
simultaneous anti-dumping duty and/or countervailing duty investigations, the Authorized Body may
cumulatively assess the effects of such imports on the domestic industry only if they determine that:
(a) the amount of dumping and/or countervailable subsidies established in relation to the
imports from each country is more than de minimis   and that the volume of imports
from each country is not negligible as specified in Article 36 of this law; and
(b) a cumulative assessment of the effects of the imports is appropriate in the light of the
conditions of competition between the imported products and the conditions of
competition between the imported products and the like Armenian product.
Article 31:  Examination of the Impact of the Dumped and/or Subsidized Imports on the Domestic
Industry
1. The examination of the impact of the dumped and/or subsidized imports on the domestic
industry concerned shall include an evaluation by the Authorized Body of all relevant economic
factors and indices having a bearing on the state of the industry, including:
(a) actual and potential decline in sales, profits, output, market share, productivity, return
on investments, or utilization of capacity;
(b) factors affecting domestic prices;
(c) the magnitude of the dumping margin and/or the amount of subsidy; 
(d) actual and potential negative effects on cash flow, inventories, employment, wages,
production growth, ability to raise capital or investments,
(e) the fact that an industry is still in the process of recovering from the effects of past
dumping and/or subsidization.
This list is not exhaustive, nor can one or several of these factors necessarily give decisive
guidance.
2. The Authorized Body shall assess the effect of the dumped and/or subsidized imports in
relation to the domestic production of the like product when available data permit the separateidentification of that production on the basis of such criteria as the production process, producers'
sales and profits.  If such separate identification of that production is not possible, the Authorized
Body shall assess the effects of the dumped and/or subsidized imports by the examination of the
production of the narrowest group or range of produc ts, which includes the like product, for which the
necessary information can be provided.G/ADP/N/1/ARM/1
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Article 32:  Threat of Material Injury
1. The Authorized Body shall base its determination of a threat of material injury on facts. The
change in circumstances, which would create a situation in which the dumped and/ or subsidizedimport would cause injury, must be clearly foreseen and imminent.
2. In making a determination regarding the existence of a threat of material injury, the
Authorized Body should consider, inter alia , such factors as:
(a) a significant rate of increase of dumped and/or subsidized imports into the market of
the Republic of Armenia indicating the likelihood of substantially increased imports;
(b) sufficient freely disposable or an imminent, substantial increase in capacity of the
exporter indicating the likelihood of substantially increased dumped and/orsubsidized exports to the market of the Republic of Armenia, taking into account the
availability of other export markets to absorb any additional exports;
(c) whether imports are entering at prices that would, to a significant degree, depress
market prices of the Republic of Armeni a which would have occurred, and would
probably increase demand for further imports; and
(d) inventories of the investigated product.
(e) the nature of  the subsidy or subsidies in question and trade effects likely to arise
therefrom;
No one of these factors by itself can necessarily  give decisive guidance but the totality of the
factors considered must lead to the conclusion that  further dumped or subsidized exports are imminent
and that, unless protective action is taken, material injury will occur.
B. C
AUSAL LINK
Article 33:  Causal Link
The Authorized Body shall demonstrate that the dumped and/or subsidized imports are,
through the effects of dumping and/or subsidies, as se t forth in Articles 29 and 31 of this Law, causing
injury within the meaning of this law.  The dem onstration of a causal link between the dumped and/or
subsidized imports and the injury to the domestic industry shall be based on an examination of all
relevant evidence.
The Authorized Body shall also examine an y known factors other than the dumped and/or
subsidized imports, which at the same time are injuring the domestic industry, and the injuries caused by
these other factors must not be attributed to the dum ped and/or subsidized imports.  Factors, which may
be relevant in this respect, include, inter alia :
(a) the volume and prices of non-dumped and/or non-subsidized imports;
(b) contraction in demand or changes in the patterns of consumption;
(c) trade restrictive practices of and competition between the foreign producers and
Armenia producers;G/ADP/N/1/ARM/1
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(d) developments in technology; and
(e) the export performance and productivity of the industry.
V. INITIATION AND CONDUCT OF INVESTIGATIONS
A. DECISION AND INITIATION OF INVESTIGATION
Article 34:  Initiation of Investigation
1. In case of sufficient evidence, the Authorized B ody shall initiate an investigation to determine
the material injury to the domestic industry or the threat of material injury, as well as the causal link
between the material injury or the threat of ma terial injury and the dumped and/(or) subsidized
imports. The investigation shall be initiated upon:
(a) an application by the domestic industry
(b) an application on behalf of the domestic industry
(c) by the initiative of the Authorized Body
2. For the purposes of this law, an application shall be considered to have been made "by or on
behalf of the industry of the Republic of Armenia"  if it is supported by those producers in the
Republic of Armenia whose collective output constitutes more than 50 per cent of the total productionof the like product produced by that portion of the industry expressing either support for or opposition
to the application. However, no investigation shall be initiated when the producers in Armenia
expressly supporting the application account for at less than 25 per cent of total production of the like
product produced by the industry.
3. The application shall contain the following information:
(a) name and address of the applicant;
(b) the identity of the industry on behalf of which or by which the application is being
made, including the names and addresses of all other known producers in the
respective industry;
(c) the total volume and value of Armenian like product; and the volume and
(d) value of the like product produced by the applicant and by each Armenian
(e) producer identified in application;
(f) a complete description of the allegedly dumped/subsidized product, including the
technical characteristics and uses of the product and its current tariff classification
number;
(g) the country in which the allegedly dumped/subsidized product is manufactured or
produced and, if it is imported from a country other than the country of manufactureor production, the intermediate country from which the product is imported to the
Republic of Armenia;G/ADP/N/1/ARM/1
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(h) the name and address of those persons, who according to the applicant produce,
export or import the allegedly dumped/subsidized products and the proportion of
these persons in total exports to the Republic of Armenia during the most recent
twelve-month period;
(i) information on prices at which the products in question is sold when destined for
consumption in the domestic market(s) of the country(ies) of export (or, where
appropriate, information on the prices at which the product is sold from the
country(ies) of export to a third country(ies) or on the constructed value of the
allegedly dumped product) and information on export prices or, where appropriate, on
the prices at which the allegedly dumped product is first resold to an independent
buyer in the Republic of Armenia, and on any adjustments as provided for inArticle 14 of this law;
(j) changes in volume of dumped and/or subsidized imports;
(k) the information on prices of the like product of the Republic of Armenia, as well as
the impact of the dumped and/or subsidized import on the domestic industry, as
demonstrated by relevant factors and indices, in accordance with the Articles 29, 31and 32;
(l) information on the existence of causal link between dumped and/or subsidized
imports and material injury to the domestic industry or the threat of material injury
within the meaning of the Article 33 of this Law
(m) in case of subsidized imports: evidence with regard to the existence, amount, nature
and compensation of the subsidies in question
4. In case of incomplete information as provided for in paragraph 3 of this Article the
investigation may be initiated if the information pr ovided to the Authorized Body is sufficient to
initiate and make a relevant conclusion.
5. The Authorized Body shall examine the accuracy of the evidence and may require additional
information from an applicant after the receipt of the application within 10 days.  In case of request of
additional information, the applicant must submit in the required information within 10 days from the
day of request of the Authorized Body.
6. The Authorized Body shall avoid, unless a decision has been made to initiate an investigation,
any publicizing of the application seeking the initiation of an investigation. In case of receipt of an
application the Authorized Body shall promptly notify the government of each exporting country
concerned.
7. As regards subsidies, prior to initiation of investigation the governments of exporting countries
the shall be invited for consultations with the aim of clarifying the situation as to matters referred to in
paragraph 3 of this Article and arriving at a mutually agreed solution.
8. Any application may be withdrawn prior to initiation, in which case it shall be considered not to
have been made.G/ADP/N/1/ARM/1
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Article 35:  Initiation Decision
1. In case of sufficient evidence the Authorized Body within one month after the receipt of
application by or on behalf of the domestic industry, pursuant to the legislation of the Republic ofArmenia submit in a proposal to the Government of the Republic of Armenia on initiation of
investigation. The mentioned period may be extended to 15 days in case of provision of additional
information or difficulties relating to respective case.
2. The Authorized Body shall decide whether or not to initiate an investigation within 15 days of
the date of receipt of the proposal.
3. In case of absence of sufficient evidence for investigation the Authorized Body shall decide
not to initiate an investigation within one month from the date of receipt of application by or on behalfof the domestic industry. The Authorized Body shall inform the applicant about the decision made
within 7 days of the date of decision.
4. As regards subsidy proceedings, an investiga tion may be initiated in order to determine
whether the subsidies are actionable or non-actionable.
Article 36:  Negligible Import Volumes and De Minimis  Dumping/Subsidy Margins
1. As regards dumping proceedings and notwithstanding the provisions of Articles 34 and 35
above, the Authorized Body shall not initiate an  investigation with respect to a given allegedly
dumped product and country if, from information reasonably available to the Authorized Body, it
determines that the volume of import of dumped product from the respective country is de minimis  or
the margin of dumping is negligible.
2. The volume of imports of dumped product from any country shall be considered to be
de minimis  if it less than 3 per cent of total imports of the like product in to the Republic of Armenia
and imports of allegedly dumped product from countries under investigation which account for less
than 3 per cent of the imports of the like product collectively not account for more than 7 per cent oftotal imports of the like product.
3. The margin of dumping shall be considered to be de minimis, if it less than 2 per cent
expressed as a percentage of the export price of the respective product .
4. As regards subsidy proceedings and notwithstanding the provisions of Articles 34 and 35
above, an investigation shall not be initiated in cases where the amount of subsidy is de minimis , or
where the volume of subsidized imports, actual or potential, or the injury, is negligible.
5. The volume of imports of subsidized product shall be considered to be de minimis if it less
than 3 per cent of total imports of the like product in to the Republic of Armenia and the volume of
subsidized product from countries under investigation which account for less than 3 per cent not
exceed more than 7 per cent of total imports of the like product.
6. The amount of subsidy shall be considered to be the minimis if the subsidy is less than 1 per
cent ad valorem .G/ADP/N/1/ARM/1
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Article 37:  Public  Notice and Explanation of Initiation of Investigation
1. When the Authorized Body has decided to initia te an investigation the Authorized Body shall
notify the initiation of an investigation to all interested parties and give public notice in an appropriateOfficial Journal of Armenia and/or in a domes tic newspaper widely disseminated in Armenia.
2. The notification of the initiation of an investigation shall contain  the following information:
(a) the name of the country or countries of export, and if different, the country or
countries of origin, of the investigated product;
(b) a complete description of the investigated product, including the technical
characteristics and uses of the product and its current tariff classification number;
(c) a description of the alleged dumping and/or subsidization to be investigated,
including the basis for such allegations;
(d) a summary of the factors on which the allegations of injury and causal link are based;
(e) the addresses where information and comments may be submitted;
(f) the periods within which interested parties may make themselves known, present
their views in writing and submit information;
(g) the proposed schedule for the investigation, including: 
(i) the proposed schedule for application of temporary measures
(ii) the proposed periods of initiation and termination of investigation
(iii) the periods within which interested parties may submit in their arguments
(iv) the proposed periods for consultations
(v) the proposed periods for initial and final conclusions and decisions
3. The initiation shall be effective on the date on which the public notice appears.
4. As soon as the investigation is initiated the Authorized Body shall provide the full text of the
written application as provided for Article 34 to the known exporters and foreign producers and to the
authorities of the country of export and make it available, upon request, to other interested parties,ensuring the confidentiality of information pursuant to Article 72. Where the number of exporters
involved is particularly high, the Authorized Body may provide of the text to the relevant trade
association(s) or to the authorities of the country of export.
B. T
HE PROCEDURE OF INVESTIGATION
Article 38:  Duration of Investigations
The Authorized Body shall conclude the inves tigation within 6 months after the initiation. In
case of sufficient evidence the Authorized Body may extend this period up to 6 months. In cases of
extension of investigation period the Authorized Body shall give public notice in appropriate OfficialG/ADP/N/1/ARM/1
G/SCM/N/1/ARM/1
Page 22
Journal of Armenia and/or in a domestic newspaper widely disseminated in Armenia, indicating the
reasons of extension of investigation period and its duration.
Article 39:  Customs Clearance
An anti-dumping and/or anti-subsidy proceeding shall not hinder the procedures of customs
clearance.  Once measures are adopted, no additional formalities other than those required for the
application of these measures shall be applied.
Article 40:  The period of investigation
1. In the case of dumping and/or subsidization the investigation period shall normally cover a
one-year period preceding the date of initiation of the investigation for which data are available.  In
the case of dumping and/or subsidization the inve stigation period shall be no longer than 6 months.
2. In the case of injury, the investigation period shall normally cover a period of three years.
However, the Authorized Body may select a shorter period if they deem it appropriate in light of
available information regarding the domestic industry and the investigated product.
Article 41:  Reliance on Information and Facts Available
1. For the purpose of investigation the Authorized Body shall request information from state
bodies and local authorities, as well as from interested parties. U pon initiation of the investigation, the
Authorized Body shall send questionnaires to any pe rson they believe may have information relevant to
the investigation, including known domestic producers, importers, exporters and foreign producers.   
2. The Authorized Body shall give exporters and foreign producers receiving a questionnaire at
least 37 days for reply.  This time limit shall be counted from the date on which the questionnaire was
sent to the respondent or transmitted to the appropriate diplomatic or official representative of the
country of export.  The Authorized Body shall give  due consideration to any request for an extension
of the period, and shall grant such an extension whenever practicable, upon good cause shown, taking
into account the time limits for the investigation. The Authorized Body may disregard any reply to a
questionnaire that is not submitted within the time provided and in the form requested.
3. Any interested party may, on its own initiative, submit, in writing, any information it
considers relevant to the investigation.  The Author ized Body shall consider  such information unless
such consideration would be unduly burdensome to the Authorized Body or disrupt the timely
progress of the investigation.
4. The Authorized Body shall base its assessments of dumping and/or subsidization, injury and
causal link on data relating to defined periods, which shall be the periods for which information is
requested in questionnaires.
5. The Authorized Body may reach provisional and/or final determinations on the basis of the
information and facts available, including the application, if at any time during the investigation, anyinterested party refuses access to, or otherwise does not provide, necessary information within the
time limits provided in this Law or prescribed by the Authorized Body or otherwise significantly
impedes the investigation;
6. Where it is found that any interested party has supplied false or misleading information, the
information shall be disregarded and use may be made of the facts available. If an interested partydoes not cooperate, or cooperates only partially, so that relevant information is thereby withheld, theG/ADP/N/1/ARM/1
G/SCM/N/1/ARM/1
Page 23
result may be less favorable to the party than if it had cooperated.   Interested parties should be made
aware of the consequences of non-cooperation.
7. Failure to provide a computerized response shall not be deemed to constitute non-cooperation,
provided that the interested party shows that presenting the response as requested would result in anunreasonable extra burden or unreasonable additional cost.
8. If evidence or information is not accepted, the supplying party shall be informed forthwith of
the reasons therefore and shall be granted an opportunity to provide further explanations within the
time limits specified. If the explanations are considered unsatisfactory, the reasons for rejection of
such evidence or information shall be disclosed and given in published findings.
9. Where the information submitted by an interested party is not ideal in all respects it should
nevertheless not be disregarded, provided that any deficiencies are not such as to cause unduedifficulty in arriving at a reasonably accurate finding and that the information is appropriately
submitted in good time and is verifiable, and that the party has acted to the best of its ability.
10. In order to verify the information provided  by the interested parties, except in the
circumstances provided for in paragraph 5 of this Article, the Authorized Body may select a certain
amount of random documentation and may request that original versions and copies of theserequested documents shall be provided to the Author ized Body within the time limits specified in the
request. The copies of the requested documents have to be certified by a notary in the country of
export.
11. If the Authorized Body deems it necessary to further verify information or to obtain more
details, in order to be sure that the informat ion is accurate, the Authorized Body may carry out
investigations in other countries as required (on-the spot-verifications), provided it obtains the
agreement of the parties concerned and provided they notify the representatives of the government of
the country in question and unless the latter object to the investigation. The Authorized Body shall
prepare a report on any verification conducted pursuant to this Article.  This report shall be available
to the company to which it pertains in full, and a non-confidential version shall be placed in the publicfile.  The Authorized Body shall endeavour to complete any such verification prior to the date of any
consultation in the investigation.
Article 42:  Public File and Access Thereto
1. The Authorized Body shall establish and maintain a public file relating to each investigation
or review pursuant to Article 72 of this Law. The Authorized Body shall promptly place in the public
file: all conclusions and decisions relating to the investigation, all public notifications relating to theinvestigation or review; any non-confidential verification report(s), written communications,
submitted to the Authorized Body; questionnaires, non-confidential responses to questionnaires, and
any other documents the Authorized Body deems appropriate for public disclosure.
2. The public file shall be available to the general public for review and copying.
Article 43: Sampling
1. In cases where the number of complainants, exporters or importers, types of product or
transactions is large, the investigation may be limited to:
(a) a reasonable number of parties, products or transactions by using samples which are
statistically valid on the basis of information available at the time of selection; orG/ADP/N/1/ARM/1
G/SCM/N/1/ARM/1
Page 24
(b) to the largest representative volume of the production, sales or exports which can
reasonably be investigated within the time available.
2. The selection of parties, types of products or transactions made under this Article shall rest
with the Authorized Body, though preference shall be given to choosing a sample in consultation
with, and with the consent of, the parties concerned, provided that such parties make themselves
known and make sufficient information available, within three weeks of initiation of the investigation,
to enable a representative sample to be chosen.
3. In cases where the examination has been limited in accordance with this Article, an individual
margin of dumping and/or individual amount of actionable subsidy shall, nevertheless, be calculated
for any exporter or producer not initially selected who submits the necessary information within the
time limits provided for in this law, except where the number of exporters or producers is so large thatindividual examinations would be unduly bur densome and would prevent completion of the
investigation in good time.
4. Where it is decided to sample and there is a degree of non-cooperation by some or all of the
parties selected which is likely to materially affect the outcome of the investigation, a new sample
may be selected. However, if a material degree of non-cooperation persists or there is insufficient timeto select a new sample, the provisions 5 and 6 of Article 41 of this Law shall apply.
Article 44:  Preliminary and Final Written Arguments
1. No later than 15 days before the scheduled date of the preliminary determination, interested
parties may submit written arguments to the Authorized Body concerning any matter relevant to theinvestigation.
2. When a consultation is held, no later than 10 days before the scheduled date of the
consultation, any interested party may submit written arguments concerning any matter it considers
relevant to the investigation.  Following the consul tation, interested parties who participated in the
consultation may, within 10 days, submit further written arguments in response to arguments andinformation presented at the consultation.
3. When a consultation is not held, any interested party may submit written arguments
concerning any matter it considers relevant to the investigation no later than 45 days before the date
proposed for the final determination. Following the c onsultation, interested parties who participated in
the consultation may, within 10 days, submit further written arguments in response to arguments and
information presented at the consultation.
Article 45:  Negotiations with the Government(s) of Exporting Countries
As regards anti-subsidy proceedings, throughout the investigation, the Authorized Body shall
afford the country of export a reasonable opportunity to continue consultations with a view to
clarifying the factual situation and arriving at a mutually agreed solution.
Article 46:  Consultation on Request of Interested Parties
1. The Authorized Body shall, upon request by an interested party made no later than 30 days
after publication of the preliminary determination, schedule a consultation at which all interested
parties may present information and arguments.  Any consultation shall be held no later than 60 daysprior to the date proposed for the final determination.G/ADP/N/1/ARM/1
G/SCM/N/1/ARM/1
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2. There shall be no obligation on any interested party to attend a consultation, and failure to do
so shall not be prejudicial to that interested party's case.
3. Interested parties intending to appear at the consultation shall notify the Authorized Body of
the names of representatives and witnesses who will appear at the consultation at least 7 days beforethe date of the consultation.
4. Consultations shall be presided over by an of ficial of the Authorized Body, who shall ensure
that confidentiality is preserved, and shall organize the consultation in a manner to ensure that all
parties participating have an adequate opportunity to  present their views. The Authorized Body shall
maintain a record of the consultation, which shall be promptly placed in the public file, with the
exception of any confidential information.
5. Interested parties shall also have the right, on justification, to present other information orally
to the Authorized Body during meetings with officials of the Authorized Body.  A detailed record of
such meetings shall be kept by the Authorized Body, and promptly placed in the public file, with the
exception of confidential information.
Article 47:  Participation of Organizations Representing Industrial Users and Consumers
If the investigated product is widely sold in the Republic of Armenia, then the organizations
representing the industrial users and consumers of the investigated product may provide information
and submit written arguments concerning matters relevant to the investigation.
Article 48:  Disclosure of Preliminary and Final Conclusions
1. The interested parties may request disclose of the details underlying the essential facts and
considerations on the basis of which provisional measures have been imposed. Requests for such
disclosure shall be made in writing immediately following the imposition of provisional measures,
and the disclosure shall be made in writing as soon as possible thereafter.
2. The Authorized Body, on request made within 15 days of the publication of the preliminary
determination, hold separate disclosure meetings  with exporters or producers requesting such a
meeting, to explain the dumping calculation methodology preliminarily applied for that exporter or
producer.
3. The interested parties may request in writing, not later than one month after the publication of
the final decision, from the Authorized Body th e final disclosure of the essential facts and
considerations on the basis of which it is intended to impose definitive measures, or the termination ofan investigation or proceeding without the imposition of measures. If the provisional measure was not
imposed than the  request may be presented to the Authorized Body during the mentioned period.
Written disclosure of the reasons of final determination shall be made, due regard being taken to the
protection of confidential information, as soon as possible and, normally, not later than one monthprior to a final determination. Particular attention shall be paid to the disclosure of any facts orconsiderations, which are different from those used for any provisional measures.
4. After the final determination has been issued, the Authorized Body shall, on request made
within 15 days of the publication of the final determination, hold separate disclosure meetings with
exporters or producers requesting such a meeting, to explain the dumping calculation methodology
finally applied for that exporter or producer.G/ADP/N/1/ARM/1
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C. TERMINATION OF INVESTIGATION
Article 49:  Termination of Investigation
1. An application may be withdrawn at any time after an investigation has been initiated, in
which case the Authorized Body shall terminate the investigation without measures, unless it
determines that it is in the interest of the Republic of Armenia to continue the investigation.
2. An investigation shall be terminated promptly at any time the Authorized Body is satisfied
that there is not sufficient evidence of either dumping and/or subsidization, or injury to justify
proceeding with the case.
3. The Authorized Body shall immediately terminate an investigation if it determines that the
dumping margin and/or the amount of actionable subsidies is de minimis , or that the volume of
dumped and/or subsidized imports, actual or potential, or the injury, is negligible in accordance with
the Article 36 of this Law.
4. An investigation shall be terminated without implementation of the provisional measures or
antidumping and/or countervailing measures, pursuant to the Article 53, when the exporter in case of
dumping and the government of country of origin or exporting country takes voluntary commitments.
Article 50:  Public Notice of Conclusion of an  Investigation without Imposition of Measures
The Authorized Body shall, due regard being paid to the requirement for the protection of
confidential information, issue a public notice of the termination of an investigation without
imposition of anti-dumping and/or countervailing measures which shall set forth in sufficient detailthe findings and conclusions reached on all issues of fact and law considered material by the
Authorized Body including the matters of fact and law which have led to arguments being accepted or
rejected.
VI. IMPOSITION OF ANTI-DUMPING AND COUNTERVAILING MEASURES
A. P
ROVISIONAL MEASURES
Article 51:  Imposition  of Provisional Measures
1. The Authorized Body may impose provisional measures if it makes an affirmative
preliminary conclusion of dumping and/or subsidized import, injury, and causal link, and determine
that provisional measures are necessary to prev ent injury being caused during the investigation.
2. In case of an affirmative preliminary determin ation, the Authorized Body, pursuant to the
legislation, submits in a proposal to the Government of the Republic of Armenia on imposition of
provisional measures. A negative preliminary conc lusion of dumping and/or subsidized import shall
not automatically terminate the investigation, but no provisional measures shall be imposed in such a
case.
3. After the receipt of the proposal the Government of the Republic of Armenia within one
month discuss it and if finds appropriate takes steps for imposition of provisional measures in
accordance with legislation of the Republic of Armenia.
4. Provisional measure shall take the form of provisional dumping and/or countervailing duty.
The amount of the provisional dumping and/or c ountervailing duty shall not exceed the amount ofG/ADP/N/1/ARM/1
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dumped and/or actionable subsidy valued by preliminary determination and indicated in respective
notification.
5. The product subject to provisional measures shall be imported into the territory of the
Republic of Armenia for free turnover after the payment of provisional duty and shall be secured by aguarantee.
6. The provisional duties shall be imposed no earlier than 60 days from the initiation of the
proceeding but no later than 9 months from the initiation of the proceedings.
7. Provisional dumping duties shall be applied for a period not exceeding 6 months. The
Authorized Body may, upon request by exporters representing a significant percentage of the trade
involved, extend the period of application of provisional dumping duties to a period not exceeding
nine months.
8. Provisional countervailing duties shall be imposed for a maximum period of 4 months. The
period of 4 months cannot be extended.
Article 52: Notification of Preliminary Conclusion
1. The Authorized Body shall issue a public notice of the preliminary conclusion and imposition
of provisional measures. The notice of preliminary conclusion shall set forth in sufficient detail the
findings and conclusions reached on all issues of fact and law considered material, due regard being
given to the requirement for protection of confidential information.  The notice shall also contain:
(a) the names of the known exporters and producers of the investigated product;
(b) a description of the investigated product that is sufficient for customs purposes,
including the current Armenian tariff classification;
(c) the amount of the dumping margin and/or of subsidy, if any, found to exist and the
basis for such determination, including a description of the methodology used in
determining these amounts;
(d) as for dumping cases,  the method of comparison of normal value and export price
and the explanation relating to this comparison;
(e) as for dumping cases, if the Authorized Body declined to determine an individual
dumping margin on the basis of voluntary responses, as provided for in this law, the
basis for that decision;
(f) the factors that have led to the preliminary determinations of injury and causal link,
including information on factors other than dumped and/or subsidized imports that
have been taken into account; 
(g) the amount of any provisional measures to be applied and the reasons why such
provisional measures are necessary to prevent injury caused during the investigation;
and
(h) any other main reasons leading to  the preliminary determination.G/ADP/N/1/ARM/1
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2. The public notice shall be forwarded to the country of export of the investigated product and
to other known interested parties.
3. In case of imposition of provisional measures the provisions of Articles 60 and 69 of this Law
shall be observed.
B. VOLUNTARY UNDERTAKINGS
Article 53:  Principles
1. The Authorized Body may suspend or terminat e an investigation without the imposition of
provisional measures or anti-dumping/countervailing measures upon receipt of satisfactory voluntary
undertakings under which:
(a) from any exporter to revise its prices or to cease exports to Armenia, so that the
Authorized Body is satisfied that the injurious effect of the dumping and/or
subsidization is eliminated
(b) in subsidy cases, the government of the country of export agree to eliminate or limit
the subsidization or take other measures eliminating its effects;
2. If price undertakings are considered to be acceptable, than price increases under such
undertakings shall not be higher than necessary to eliminate the dumping margin and/or subsidy
amount.
3. Voluntary undertakings may be suggested by the Authorized Body, but no exporter shall be
forced to enter into such an undertaking. The fact that exporters do not offer such undertakings, or do
not accept an invitation to do so, shall in no way prejudice the consideration of the case. However, theAuthorized Body shall be free to determine that a threat  of injury is more likely to be realized if the
dumped/subsidized imports continue.
Article 54:  Acceptance of Voluntary Undertaking
1. Where the Authorized Body accepts a voluntary undertaking, it shall publish a notice in mass
media, in case of refusal the Authorized Body shall provide the reasons, which have led to the
determination that the acceptance of an undertaking is inappropriate and shall give the exporter an
opportunity to make comments thereon.
2. The public notice of the acceptance of a voluntary undertaking shall include the non-
confidential part of the voluntary undertaking and set forth in sufficient detail the findings and
conclusions on all issues of fact and law considered material by the Authorized Body.
3. The notice shall be forwarded to the country or countries of the products relating to which the
appropriate conclusion is made and to other known interested parties.
4. Where the Authorized Body continues the investigation under Article 56 of this Law, they
shall publish a notice of the continuation of the investigation, setting forth the proposed date for the
final determination, and any other modifications to the proposed schedule of the investigation.  Any
final determination in such a continued investigation shall be made within 180 days from the date ofpublication of the notice.G/ADP/N/1/ARM/1
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Article 55:  Conditions for Acceptance of Voluntary Undertakings
1. The Authorized Body shall not seek or accept voluntary undertakings from exporters unless
the Authorized Body has made a preliminary affirmative determination of dumping/subsidization,injury, and causal link. Except in extraordinary circumstances, any voluntary undertakings shall be
offered not later than 60 days before the proposed date of the final determination.
2. Voluntary undertakings offered need not be accepted if the Authorized Body considers their
acceptance impractical, for example, if the number of actual or potential exporters is too great, or for
other reasons, including reasons of general policy.  If the Authorized Body decides not to accept a
voluntary undertaking, they shall provide to the exporter the reasons, which have led it to consider
acceptance of an undertaking as inappropriate.  The Authorized Body shall give exporters anopportunity to make written comments and explanations thereon.
3. The Authorized Body may require any exporter from whom voluntary undertakings have been
accepted to provide periodically information relevant  to the fulfilment of such undertakings, and to
permit verification of pertinent data.  The communication of these data shall be subject to the relevant
provisions of Article 72 of this Law on confidentiality.  Failure to provide information requested bythe Authorized Body may be deemed to be a violation of the voluntary undertaking.
Article 56: Completion of the Investigation
If one or more voluntary undertakings are accepted, the Authorized Body shall nevertheless
complete the investigation if an exporter so desires or the Authorized Body so decides.  In such acase, if the Authorized Body makes a negative determination of dumping and/or subsidization, or
injury, the voluntary undertaking(s) shall automa tically lapse except in cases where such a
determination is due in large part to the existence of such undertaking(s).  In such cases the
Authorized Body may require that a voluntary undertaking be maintained for a reasonable period of
time to be determined by the Authorized Body.  In the event that an affirmative determination of
dumping and/or subsidization, and injury is made, the voluntary undertaking shall continue consistent
with its terms and the provisions of this Law.
Article 57:  Violation of  Voluntary Undertakings
If a voluntary undertaking is violated, the Auth orized Body may, in conformity with the
provisions of this Law, take expeditious actions, which may constitute immediate application ofprovisional measures using the best information available.  In such cases, definitive duties may be
levied in accordance with this Law on goods entered for consumption not more than 90 days before
the application of such provisional measures, except that any such duties shall not apply to imports
entered before the violation of the voluntary undertaking.
C. F
INAL IMPOSITION AND COLLECTION OF ANTI-DUMPING AND COUNTERVAILING DUTIES
Article 58:  Final Determination
1. Where the Authorized Body, as a result of investigation, makes an affirmative conclusion on
the existence of dumped and/or the existence of subsidized import, the material injury and causal linkbetween dumped and/or subsidized import and the injury caused thereby, a definitive dumping and/or
countervailing duty shall be imposed on import of in vestigated product to the Republic of ArmeniaG/ADP/N/1/ARM/1
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2. In case of an affirmative final determination, the Authorized Body pursuant to the legislation
submits in a proposal to the Government of the Republic of Armenia on imposition of anti-dumping
and/or countervailing measures.
3. The Government of the Republic of Armenia after the receipt of the proposal within one
month discuss it and if finds appropriate takes steps for imposition of anti-dumping and/or
countervailing measures as prescribed for in legislation of the Republic of Armenia.
4. Pursuant to this Law the amount of dumping a nd/or countervailing duty shall not exceed the
amount of dumping and/or actionable subsidies from which the exporters have been found to benefit . 
5. As regards dumping proceedings, the Authorized Body shall normally make a final
affirmative determination of dumping, injury, and causal link within 5 months of the preliminary
determination.  The final determination shall be based on all information obtained by the AuthorizedBody during the course of the investigation that has been disclosed to interested parties, subject to the
confidentiality requirements of Article 72.
6. As regards subsidy proceedings, the Authorized Body shall make a final determination of
subsidization, injury, and causal link within 3 months of the preliminary determination. The final
determination shall be based on all information obta ined by the Authorized Body during the course of
the investigation that has been disclosed to inte rested parties, subject to the confidentiality
requirements of Article 72.
7. The Authorized Body shall issue a public notice of the final determination, as well as
imposition of anti-dumping and/or countervailing measures. The Authorized Body shall publish the
notice in the Official Journal of Armenia and/or in a domestic newspaper widely disseminated in
Armenia. The notice of final determination shall include all relevant information on the matters of fact
and law and reasons that have led to the determination, due regard being given to the requirement for
the protection of confidential information, and in particular:
(a) the names of the known exporters and producers of the investigated product;
(b) description of the investigated product that is sufficient for customs purposes,
including the current tariff classification of Armenia;
(c) the amount of the dumping margin and/or of subsidy, if any, found to exist and the
basis for such determination, including a description of the methodology used in
determining these amounts;
(d) as for dumping cases, the method of comparison of normal value and export price and
the explanation relating to the comparison;
(e) as for dumping cases, if the Authorized Body declined to determine an individual
dumping margin on the basis of voluntary responses, as provided for in Article 43,
the basis for that decision;
(f) the factors that have led to the determination of injury and causal link, including
information on factors other than dumped or  subsidized imports that have been taken
into account;
(g) any other reasons leading to the final determination;G/ADP/N/1/ARM/1
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(h) the reasons for the acceptance or rejection of relevant arguments or claims made by
exporters and importers;
(i) the amount of any anti-dumping and/or countervailing duties to be imposed;
(j) if final anti-dumping and/or countervailing duties are to be collected with regard to
the imports to which provisional measures were applied, the reasons for the decision
to do so.
8. The notice shall be forwarded to the countries the investigated products of which are subject
to provisional measures and to other known interested parties.
Article 59:  Imposition of Duties
1. Anti-dumping and countervailing duties shall take the form of ad valorem  or specific duties.
Anti-dumping and countervailing duties shall be impos ed in addition to other custom duties levied on
the imported products concerned. Anti-dumping and countervailing duties shall be collected in the
appropriate amounts in each case, on a non-discrimina tory basis on imports of such product from all
sources found to be dumped and/or found to benefit from actionable subsidies and causing injury,
except as to imports from those sources from which price undertakings under the terms of this Lawhave been accepted.
2. Except in the circumstances provided for in para graph 3 of this Article, the Authorized Body
shall establish an individual anti-dumping duty for each known exporter or producer of dumped
and/or subsidized imports concerned.
3. When the Authorized Body has limited its exam ination in accordance with Article 43, any
anti-dumping/countervailing duty applied to imports from exporters and producers not included in the
sample of investigation shall not exceed the weighted average dumping/subsidy margin established
with respect to the selected exporters or producers, provided that the Authorized Body shall disregard
for the purpose of this paragraph any zero and de minimis  margins and margins established under the
circumstances referred to in Article 41. An individual anti-dumping duty is applied to imports fromexporters and producers not included in the sample of investigation, who provided information
relevant to investigation.
4. The Authorized Body may apply a residual anti-dumping/countervailing duty rate for imports
from exporters and producers not known to the Author ized Body at the time the final determination
was made.  The residual anti-dumping duty rate shall not exceed the weighted average of the
individual dumping/subsidy margins established for exporters and producers examined during the
investigation, excluding margins established under the circumstances referred to in paragraph 5 ofArticle 41of this Law.
Article 60:  Collection of Provisional Duties
1. Where the Authorized Body makes an affirmative final determination of injury (but not of a
threat thereof or of material retardation of the establishment of an industry) or, in the case of anaffirmative final determination of a threat of inju ry, where the Authorized Body considers that the
effect of the dumped/subsidized imports would, in the absence of the provisional measures, have led
to a determination of injury, definitive anti-dumping and/or countervailing duties may be levied
retroactively for the period for which provisional measures, if any, have been applied.G/ADP/N/1/ARM/1
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2. If the definitive anti-dumping and/or countervailing duty is higher than the amount estimated
for the purpose of the security, the difference shall not be collected.  If the definitive duty is lower
than the amount estimated for the purpose of the secu rity, the difference shall be released in the case
of a cash deposit with an appropriate amount for interest.
3. Except as provided for in paragraph (1) above, where the Authorized Body makes an
affirmative final determination of threat of injury or material retardation (but no injury has yet
occurred) a definitive anti-dumping and/or countervailing duty may be imposed only from the date of
the determination of threat of injury or material retardation.  Any security provided during the period
of the application of provisional measures shall be released within 45 days.
4. Where the Authorized Body makes a negative final determination, any security provided
during the period of application of the provisional measures shall be released within 45 days after theday of final determination.
Article 61:  Principles of Retroactivity
1. Except as provided for in Articles 57, 60 of this Law and cases provided for in paragraph 2 of
this Article, provisional measures and anti-dumping and/or countervailing duties shall only be appliedto products which enter into Armenia for consumption on or after the date of publication of an
affirmative preliminary or final determination in an investigation or review conducted under Part IV.
2. A definitive anti-dumping and/or countervailing duty may be collected on products which
were entered for consumption not more than 90 days prior to the date of application of provisional
measures if the Authorized Body determines, for the dumped/subsidized products in question, that:
(a) there is a history of dumped and/or subsidized import which caused injury or that the
importer was, or should have been, aware that the exporter practices
dumping/subsidization and that such dumping/subsidization would cause injury.
(b) the injury is caused by massive dumped and/or subsidized imports of a product in a
relatively short time which in light of the timing and the volume of the dumpedand/or subsidized imports and other circumstances (such as a rapid build-up of
inventories of the imported product) is likely to seriously undermine the remedial
effect of the definitive anti-dumping and/or countervailing duty to be applied,
provided that the importers concerned have been given an opportunity to comment.
Article 62:  Suspension of Imposition of Anti-dumping and/or Countervailing Measures
The Authorized Body may, in the interest of the Republic of Armenia, suspend the application
of anti-dumping and /or countervailing measures impos ed pursuant to this law for a specified period.
The Authorized Body may suspend measures only wh ere market conditions have temporarily changed
and the Authorized Body determines that the applica tion of the measures would not be in the interest of
Armenia, and provided that th e industry of Armenia has been given an opportunity to comment.
Article 63:  The Exception of Simultaneous Imposition of Anti-Dumping and/or Countervailing
Measures
No investigated product when imported into the Republic of Armenia shall be subject to both
anti-dumping and countervailing duties to compensate for the same situation of dumping orsubsidization.G/ADP/N/1/ARM/1
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Article 64:  Duration of Anti-Dum ping and/or Countervailing Measures
1. Any anti-dumping and/or countervailing duty shall remain in force only as long as and to the
extent necessary to counteract injury of dumping and/or subsidization.
2. Any definitive anti-dumping and/or countervailing measures shall be terminated on a date not
later than five 5 years from their imposition or from the date of the most recent review under
Article 66 of this Law if that review has covered both dumping/subsidization and injury. The
Authorized Body shall, no later than 90 days preced ing the date of expiry of the measure, publish a
notice of impending expiry of anti-dumping/countervailing measures in the Official Journal of
Armenia and/or in a domestic newspape r widely disseminated in Armenia.
Article 65:  Duration of Voluntary Undertakings
The provisions of Articles 64 and 66 of this La w shall apply, mutatis mutandis, to voluntary
undertakings as provided in this Law.
D. REVIEW AND SUBSEQUENT PROCEDURES
Article 66:  Review Prior to Termination of Measure and Interim Review
1. Definitive anti-dumping/countervailing measur es may not expire if the Authorized Body
determines, in a review initiated before the date of  expiry of the measure on its own initiative or upon
a duly substantiated request made by or on behalf of the industry of the Republic of Armenia within
45 days from the public notice of impending termina tion of the definitive anti-dumping/countervailing
measures concerned, that the expiry of the duty would be likely to lead to continuation or recurrence
of dumping/subsidization and injury.
2. The Authorized Body shall initiate an interim re view in order to find out   the need for the
continued imposition or modification of the anti- dumping and/or countervailing measure, where
warranted, on its own initiative or upon a written request submitted by any interested party, provided
that at least one year has elapsed since the imposition of the definitive anti-dumping/countervailing
measure, which contains positive information substantiating the need for a review.  The Authorized
Body shall, upon initiation of the interim review publish a notice in the Official Journal of the
Republic of Armenia and/or in a domestic news paper widely disseminated in the Republic of
Armenia. The duty may remain in force pending the outcome of such a review.
3. If, as a result of an interim review under this, the Authorized Body determines that the anti-
dumping/countervailing measure is no longer warra nted, it shall be terminated immediately.
Article 67:  Review of Newcomer Exporters and Producers
1. If a product is subject to definitive anti-dumping and/or countervailing duties, the Authorized
Body shall promptly carry out a review for the pur pose of determining individual dumping margins
for any exporters or producers in the exporting country(ies) concerned who did not export the product
to the Republic of Armenia during the period of investigation, provided that these exporters or
producers can show that they are not related to any of the exporters or producers in the exporting
country who are subject to the anti-dumping and/or countervailing duties on the imported investigated
product.
2. Review of newcomer exporters or producers shall be initiated within 30 days following the
date of receipt of the application from the newcomer producer or exporter concerned.  The reviewG/ADP/N/1/ARM/1
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shall normally be completed within 4 months from its initiation and, in any event, it may be extended
by 2 months.
3. No anti-dumping and/or countervailing duties shall be levied on imports from such exporters
or producers while the review is being carried out .  The Authorized Body may, however, request
guarantees in the amount of the residual anti-dumping/countervailing duty rate determined pursuant to
Article 59, paragraph 4 of this Law to ensure that, should such a review result in a determination of
dumping/subsidization in respect of such producers or exporters, anti-dumping/countervailing duties
can be levied retroactively to the date of the init iation of the review. To this end, the imports have to
be subject to registration with the Customs Authorities of the Republic of Armenia.
Article 68:  Evidence and Procedure1. The provisions of Articles 40, 41, 42, 46, 47, 48, 54, 58, 56, 72 and paragraphs 1,2,3 of
Article 37 of this Law shall apply, mutatis mutandis , to any review carried out under this Part.
2. The provisions of paragraph 4 of Article 37 of this Law shall apply to any review conducted
under Article 66 of this Law.  Any such review shall be carried out expeditiously and shall normally
be concluded within 6 months of the date of initiation of the review.
E. R
EFUND OF DUTIES PAID IN EXCESS
Article 69:  Refund of Duties Paid in Excess
1. An importer shall be granted a refund of duties collected by the Customs Authority of the
Republic of Armenia if the Authorized Body determ ines that the dumping and/or subsidy margin, on
the basis of which duties were paid, have been eliminated or reduced to a level which is below the
level of the duty in force.
2. The importer shall submit an application for the refund of anti-dumping and/or countervailing
duties collected within any six-month period to the Authorized Body within 60 days of the end of that
period.  The application shall contain information on the amount of refund of anti-dumping and/orcountervailing duties claimed for the period and all customs documentation relating to the calculation
and payment of such amount.
3. For dumping cases, it shall include evidence of normal value and export prices to the
Republic of Armenia for the exporter or the producer to which the anti-dumping duty applies.
4. For subsidy cases, it shall include evidence,  for a representative period, of the amount of
actionable subsidies for the exporter or producer to which the countervailing duty applies.
5. In case the importer is not associated with the producer or exporter and such information is
not immediately available, or where the producer or the exporter is unwilling to release it to the
importer, the application shall contain a statement from the producer or exporter that the dumping
and/or subsidy margin has been reduced or eliminated and that the relevant supporting evidence will
be directly provided to the Authorized Body.  Where such evidence is not forthcoming from the
exporter or producer within a reasonable period of time, the application shall be rejected.
6. When investigating pursuant to an application for refund, the Authorized Body shall apply the
relevant provisions of this law to its determinations.  In particular in dumping cases, when
determining whether and to what extent a refund should be made when the export price is constructed
on the basis of the price at which the imported products are first resold to an independent buyer due toG/ADP/N/1/ARM/1
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the absence of export price or because it appears that the export price is unreliable, the Authorized
Body shall take account of any change in norma l value, any change of costs incurred between
importation and resale, and any movement in the resale price which is duly reflected in subsequent
selling prices, and shall calculate the export price with no deduction for the amount of anti-dumpingduties paid when satisfactory evidence of the abov e is provided.  The Authorized Body shall provide
the importer making the request with a detailed explanation of the reasons for the decision concerning
the request for refund.
7. Refunds of duties shall normally take place within 12 months, after the date on which an
application for a refund was made. In case of need this period may be extended to 6 months. Any
refund authorized, plus a reasonable amount for interest, shall be made by the Customs Authority of
Republic of Armenia within 90 days of the decision to grant a refund. The observance of the timelimits mentioned in this paragraph may not be possible where the determination to apply the anti-
dumping and/or countervailing duties in question is subject to judicial review proceedings.
F. C
IRCUMVENTION
Article 70: Principles of Circumvention
1. Anti-dumping and/or countervailing duties imposed pursuant to this law may be extended to
imports from third countries of like products, or parts thereof, when circumvention of the measures in
force is taking place.
2. Circumvention shall be defined as a change in the pattern of trade between third countries and
the Republic of Armenia which stems from a practice, process or work for which there is insufficientdue cause or economic justification other than the imposition of the anti-dumping and/or
countervailing duty, and where there is evidence that the remedial effects of the duty are being
undermined in terms of the prices and/or quantities of the like products and there is evidence of
dumping in relation to the normal value previously established for the like or similar products, or in
the case of subsidization, that the imported like product and/or parts thereof still benefit from thesubsidy.
Article 71: Decision of Circumvention
1. An assembly operation of the product in the Republic of Armenia or a third country shall be
considered to circumvent the anti-dumping and/or countervailing measures in force where:
(a) the operation started or substantially increased since, or just prior to, the initiation of
the anti-dumping and/or anti-subsidy investigation and the parts concerned are fromthe country subject to anti-dumping and/or countervailing measures; and
(b) the parts constitute 60 per cent or more of the total value of the parts of the assembled
product, except that in no case shall circumvention be considered to be taking place
where the value added to the parts brought in, during the assembly or completion
operation, is greater than 25 per cent of the manufacturing cost, and
(c) the remedial effects of the duty are being undermined in terms of the prices and/or
quantities of the assembled like product and there is evidence of dumping in relation
to the normal value previously established for the like products, or in the case of
subsidization, that the imported like product and/or parts thereof still benefit from the
subsidy.G/ADP/N/1/ARM/1
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2. Investigations shall be initiated where the application contains sufficient evidence of existence
of factors mentioned in paragraph 1 of this Article. The initiation of a circumvention investigation
shall be published by way of public notice, which shall also instruct the Customs Authority of the
Republic of Armenia to make imports subject to registration or to request guarantees. The relevantprocedural provisions of this Law with regard to initiations and the conduct of investigations shall
apply to circumvention investigations.
3. Nothing in this Title shall preclude the normal application of the provisions in force
concerning customs duties of the Republic of Armenia.
G. M
AINTENANCE OF CONFIDENTIALITY
Article 72:  Maintenance of Confidentiality
1. The Authorized Body shall keep confidenti al any information submitted to it, which is
entitled to such treatment pursuant to this Law.  Such information shall not be disclosed without
specific permission of the party submitting it.
2. The officials of Authorized Body have no rights to make public or disseminate confidential
information, as well as to use confidential information obtained by fulfilling their responsibilities fortheir benefit.
3. In case of public disclosure of confidential information without specific permission of party
submitting  the damage to interests of respective party shall be compensated at the expense of state
budget as provided for legislation
4. Parties seeking confidential status for certain information shall request such treatment at the
time information is submitted, including the reasons confidential treatment is warranted.  The
Authorized Body shall consider such requests expeditiously, and inform the party submitting the
information about conclusion on warranty of confidential treatment.
5. Parties shall furnish non-confidential summaries of all information for which confidential
treatment is sought.  The non-confidential summaries shall permit a reasonable understanding of thesubstance of the information submitted in confidence. In exceptional circumstances, parties may
indicate that information for which confidential treatment is sought is not susceptible of summary, in
which case a statement of the reasons why summarization is not possible shall be provided. If the
Authorized Body concludes that the non-confidential summary provided fails to satisfy the
requirements of this paragraph, they may determine that the request for confidential treatment is not
warranted.
6. If the Authorized Body finds that a request for confidential treatment is not warranted, and if
the supplier of the information is unwilling to make the information public, the Authorized Body shall
disregard such information, and return the information concerned to the party submitting it.
H. J
UDICIAL REVIEW
Article 73:  Judicial Review
Any interested party who participated in an investigation, review conducted by the
Authorized Body, or refund procedure, by submitting information or written argument, or
participating in any hearing, may seek prompt review of actions taken by the Authorized BodyG/ADP/N/1/ARM/1
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relating to final determinations, reviews of determinations, and refund determinations in the Courts of
the Republic of Armenia as provided for in legislation of the Republic of Armenia.
I. FINAL PROVISIONS
Article 74:  Entry into Force
This law shall enter into force on 10th day from the date of its promulgation.
President of the Republic
of Armenia R. Kocharyan
__________