  
 WORLD TRADE  
ORGANIZATION  G/ADP/N/1/HRV/2 
G/SCM/N/1/HRV/2 24 November 2004 
 
(04-5107) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
 
CROATIA 
 
  The following communication, dated 18 November 2004, is being circulated at the request of the Delegation of Croatia.  
_______________ 
 
  Pursuant to Article 60 paragraph 1, Article  61 paragraph 7, Artic le 62 paragraph 1 and 
Article 63 paragraph 7 of the Trade Act (Official  Gazette Nos. 11/96, 75/99, 76/99, 62/01, 109/01, 
49/03 final draft, 96/03, 103/03, 170/03 and 55/04), th e Government of the Republic of Croatia on its 
session held on 30 September 2004 has passed 
 
THE REGULATION ON PROCEDURE AND METHOD OF DETERMINATION OF  
ANTI-DUMPING AND COUNTERVAILING DUTY 
 
I. GENERAL PROVISIONS 
Article 1 
  By this Regulation procedures and methods  of anti-dumping and countervailing duties 
determination and procedures and methods of anti- dumping or countervailing duties regulation shall 
be arranged. 
 
Article 2   For the purpose of this Regulation the following terms shall mean:  
1. “Dumping import” shall mean the import of a product to the customs territory of the 
Republic of Croatia at price lower than its normal value.  2. “Subsidized import” shall mean the import to the customs territory of the Republic of Croatia 
of a product that in the process of production or expo rt received subsidy, directly or indirectly, in the 
country of origin or country of export. 
 3. “Like product” shall mean a product that is iden tical by its characteristics, or in the absence of 
such a product, another product which although not a like in all respects, h as characteristics closely 
resembling those of the product under consideration.  
4. “Export price” shall mean the price actually pa id or payable for the product when sold for 
export from the exporting country to the Republic of Croatia. G/ADP/N/1/HRV/2 
G/SCM/N/1/HRV/2 Page 2 
 
  5. “Interested parties” shall mean governments of  the exporting countries, exporters, importers 
and domestic and foreign producers of the like produc ts or of directly competitive products, other 
domestic and foreign natural and legal persons or trade and business organizations that during the 
procedure shall prove their direct legal or economic interest concerning produc ts under consideration. 
 6. “Exporting country” shall mean the country of origin of the product, and in case of product that is not exported to the customs territory of th e Republic of Croatia directly form the country of 
origin, it is a country from which the product is imported. 
 
7. “Domestic production” shall mean the pr oduction on the customs territory of the 
Republic of Croatia of the like products or di rectly competitive products and concerns all the 
producers of these products or producers who produ ce a predominant part of its whole production. 
 
8. “Commercial connection” shall mean the conn ection of the producers with the exporters or 
importers in case that one of them directly or indi rectly controls the other or in case the one or the 
other are directly or indirectly controlled by a third person or both of them together directly or 
indirectly control the third person.  9. “Dumping margin” shall mean a difference be tween the export price and normal value as the 
result of their comparison. 
 10. “Subsidy granting authority” shall mean the Government and central bodies of the exporting country’s government administration and any other lega l person that grants or administers subsidies in 
the exporting country. 
 
11. “Subsidy’s beneficiary” shall mean a legal or natural person participati ng in trade and benefits 
from any form of subsidy.  12. “Questionnaire” shall mean a written request fo r data collection from the interested parties. 
 
13. “Provisional and definitive anti-dumping or countervailing duties” sh all mean the increased 
tariffs.  Article 3  
 An anti-dumping duty may be prescribed in order to eliminate the dumping effect for any 
product whose release for free circul ation in the customs territory of  the Republic of Croatia shall 
cause injury or threatens injury in the sense of Article 46 of the Trade Act.  The anti-dumping duty 
shall be prescribed on the basis of carried out inv estigation by which is determined the existence of 
dumped import, injury caused by such an import an d causal link between such an import and injury 
for domestic production.  
 
 A countervailing duty may be prescribed in orde r to eliminate the effect of subsidy granted 
directly or indirectly for production, export or tr ansport of a product whose release for free circulation 
in the customs territory of the Republic of Croatia sh all cause injury or threaten s injury in the sense of 
Article 46 of the Trade Act.  The countervailing duty shall be prescr ibed on the basis of carried out 
investigation by which is determined the existence of subsidy against which it is possible to undertake 
measures, benefits that exporter or producer has rea lized by this subsidy, injury caused by the import 
of such product and causal link between such an import and injury for domestic production.     G/ADP/N/1/HRV/2 
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II. DETERMINATION OF DUMPED OR SUBSIDIZED IMPORT 
1. DUMPED IMPORT 
 Normal value
 
 
Article 4   The Ministry competent for economy (hereinafter referred to as “the Ministry”) shall determine in the investigation the normal value of the product under investigation on the basis of the 
price paid for the like product on standard co mmercial conditions in the exporting country. 
  When the exporter in the exporting country does not at the same time produce or sell the like 
products, the normal value may be established on the basis of prices of other producers or sellers. 
 
 The goods price established either by mutual agreement or by associating of exporters and 
importers that are commercially related in the sense of Article 2 paragraph 7 of this Regulation, may 
not be considered to be sale in the ordinary c ourse of trade, unless it is determined that it is not 
affected by the relationship.  Article 5 
 
 The normal value shall be determined on th e basis of sales of the like products for 
consumption on the exporting country market if the sales volume of the product constitutes five per cent or more of the import volume of the pr oduct under investigation to the customs territory 
of the Republic of Croatia.  
 
 The normal value shall be determined on the basis of production costs in the exporting country increased by a reasonable amount of sales co sts, general and administrative costs and profit, 
or on the basis of export price to a third country under normal trade conditions, provided that the like 
products are not sold in sufficient quantities under  normal trade conditions or if due to special 
circumstances on the market sale does not permit good comparison, provided that prices obtained in 
such a way reflect the real state. 
 Sales of the like products at prices that do not provide for the recovery of costs
 
 Article 6 
 
 The price of the like product for consumption on the market of the exporting country or the 
export of the like product to a third country at prices that do not provide for the recovery of 
production costs increased by a standard amount of ad ministrative costs, sales costs and general costs 
is not considered ordinary course of trade if such sales are made within an extended period and in a 
larger volume.  
 
 An extended period referred to in  paragraph 1 of this Article sh all be considered a period of 
six months up to one year.   A larger volume referred to in paragraph 1 of this Article shall be considered the volume of 
sales more than 20 per cent of volume of sale being used to determine normal value. 
 G/ADP/N/1/HRV/2 
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 Determination of costs
 
 Article 7  
 Production costs shall be calculated on the basi s of the exporter’s or producer’s accounting 
data.  If the accounting data do not reflect the real state of production costs, they shall be determined 
on the basis of the costs of other exporters or prod ucers in the exporting country or on the basis of 
other available data.   
Article 8 
  Operating expenses, sales costs, general costs and profit shall be calculated on the basis of exporter’s or producer’s data realized in the ordinary course of trade for the like products. 
 
 When such data cannot be determined on the b asis of the exporter’s or producer’s data, they 
shall be determined on the basis of:  
− the weighted average of the actual costs of other exporters or producers subject to 
investigation; 
− the actual production and sales costs, in the ordi nary course of trade, of the same general 
category of products of the exporter or producer  in question in the market of the exporting 
country; 
− any other available data, provided that the amount of profit determined in such a way shall not 
exceed the profit realized by other exporters or  producers of the same general category in the 
market of the exporting country. 
 Article 9  
 The Ministry is obliged to investigate all ava ilable data concerning cost distribution, including 
the data that the exporter or producer provides for during the investigation.  Determination of export price
 
 
Article 10 
  In cases where there is no export price or where it appears that the export price is unreliable 
because of an association or a compensatory agreement between the exporter and the importer or a third party, the export price may be determined on the basis of the pri ce at which the imported 
products are first resold to an independent buyer in the sense of Article 2 point 8 of this Regulation or 
on the basis of other available data.  
 Comparison of the export price and normal value
 
 Article 11 
 
 A comparison shall be made between the expor t price and normal value at the same level of 
trade and in respect of sales made at an identical or as near as possible the same time, taking into 
consideration differences influencing the price comparability.   Where the export price and normal value are not comparable, they need to be adjusted for 
each individual case pursuant to criteria under Article 2 of the Agreement on application of Article VI 
of the General Agreement on Tariffs and Trade from 1994.   G/ADP/N/1/HRV/2 
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  Dumping margin
 
 Article 12  
 
 Dumping margin shall be determined on the basis of a comparison of a weighted average normal value with a weighted average of prices of all import transactions of the investigated products 
or by a comparison of individually determined normal values with export prices of the individual 
transaction.  
 
 Where dumping margins vary, a weighted av erage dumping margin shall be determined. 
 2. SUBSIDIZED IMPORT  
Subsidies
 
 Article 13   Subsidies are deemed to exist if:  
1.a. there is a financial contribution by a subsidy granting authority in the country of origin or 
exporting country, if:  i. a contribution involves a direct transfer of f unds (e.g. grants, loans and equity infusion), 
potential direct transfers of funds or other liabilities (e.g. loan guarantees); 
ii. a subsidy granting authority ren ounces a revenue that would otherwise be collected (e.g. fiscal 
incentives); 
iii. a subsidy granting authority procures goods or services other than general infrastructure, or 
purchases goods at prices that vary from market prices; 
iv. a subsidy granting authority makes payments to  a funding mechanism, or entrusts a private 
body to carry out one or more of the type of functions illustrated in (i) to (iii) above which 
would normally be vested in the subsidy granting authority and the practice, in no real sense, 
differs from practices normally followe d by subsidy granting authorities; 
1.b. there is any form of income or price support in the sense of Article XVI of GATT 1994;  and 
 2. a benefit is thereby conferred. 
 
Actionable subsidies 
 
 Article 14   Subsidies shall be subject to countervailing me asures only if they are specific, as defined in 
provisions of Articles 15 to 17 of this Regulation. 
  Exceptionally from the provision of paragraph 1 of  this Article, for agricultural-food products 
enclosed in the WTO Agriculture  Agreement measures can be undertaken pursuant to Article 13 of 
the Agriculture Agreement.  
 
Article 15 G/ADP/N/1/HRV/2 
G/SCM/N/1/HRV/2 Page 6 
 
   The evaluation whether subsidies are specific in  the sense of this Regulation is based on the 
following principles:  
− subsidies shall be considered specific where th e granting authority or regulations pursuant to 
which subsidies are granted limit acce ss to subsidies to certain entities; 
− subsidies shall not be considered specific wher e the granting authority or regulations pursuant 
to which subsidies are granted establish objective criteria or conditions for subsidy granting, the subsidy amounts as well as when the conditions  are prescribed by specific regulation and 
when access to subsidy is available to all entiti es that meet the requirements of criteria or 
conditions; 
− as the exception of the principles of paragraph 1 of this Article, if the facts indicate 
specificity, the evaluation will take into account ot her available criteria that include:  use of a 
subsidy programme by a limited number of en tities, predominant use by determined entities, 
the granting of disproportionately large amount s of subsidy to determined entities and the 
manner in which discretion has been exerci sed in the decision to grant subsidy. 
 
Article 16 
  Subsidies shall be specific even when lim ited to determined entities within a designated 
geographical region.   
Article 17 
  Notwithstanding provisions of Articles 15 and 16, the following subsidies shall be deemed to be specific:  a. Subsidies depending, in law or in fact, whethe r solely or as one of several other conditions, on 
export performance. 
 b. Subsidies depending, whether solely or as one  of several other conditions, upon the use of 
domestic over imported goods. 
 
Article 18 
  The amount of countervailing subsidies shall be  determined in terms of benefit conferred on 
the recipient which is found to exis t during the investigation period.   
  Normally this period shall be the most recent accounting year of the beneficiary.  
 
 Exceptionally, this period may be  any other period of at least six months prior to the initiating 
of the investigation for which reliabl e financial data are available.  
  G/ADP/N/1/HRV/2 
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 Calculation of benefit to the recipient of subsidy
 
 Article 19  
 The calculation of benefit to the recipient shall be based on the following criteria: 
 
− a stock capital given by a subsidy granting aut hority shall not be considered to confer a 
benefit in the sense of this Regulation, unless th e investment can be regarded as inconsistent 
with the usual investment practice of private investors; 
− a loan by a subsidy granting authority shall not be considered to confer a benefit, unless there 
is a difference between the amount that the recipi ent of the loan pays to the subsidy granting 
authority and the usual commercial conditions; 
− a loan guarantee by a subsidy granting authority sh all not be considered to confer a benefit, 
unless there is a difference between the amount that the guarantee beneficiary pays on a loan guaranteed by the government and the usual commercial conditions; 
− the provision of goods, or services or purchase of goods by a government shall not be 
considered to confer a benefit, unless th e provision is made for less than adequate 
remuneration or the purchase is made for more th an adequate remuneration.  The adequacy of 
remuneration shall be determined in relation to prevailing market conditions for the like 
product or service in the country of provision or purchase (including price, quality, marketability, transportation and other usual conditions of purchase and sale). 
 Calculation of the amount of subsidy
 
 
Article 20   The amount of the actionable subsidies shall be  determined per unit of the product imported 
to the customs territory of the Republic of Croatia.  
Article 21 
  In establishing the amount of subsidy, the fo llowing elements may be deducted from the total 
subsidy amount:  
− any application fee and other costs related to the obtaining of the subsidy; 
− export taxes, duties or other charges levied on th e export of the goods to the customs territory 
of the Republic of Croatia, if they are directly in tended to eliminate the effect of the subsidy. 
  The party that claims a deduction of all levies re ferred to in paragraph 1 of this Article from 
the total subsidy amount, must prove that fees, costs,  export taxes, duties and other charges have been 
paid. 
 
Article 22   Where the subsidy is not granted by refe rence to the quantities manufactured, produced, 
exported or transported, the amount of subsidy shall be determined by  allocating the value of subsidy, 
as appropriate, over the volume of production or exports of the products concerned during the 
investigation period. 
 G/ADP/N/1/HRV/2 
G/SCM/N/1/HRV/2 Page 8 
 
 Article 23   Where the subsidy is granted for the acquis ition of fixed assets, the amount of the subsidy 
shall be calculated by spreading the total amount of subsidy across a period which reflects the normal 
depreciation of such assets in the like industry. 
  Where the assets are non-depreciating, the subsid y shall be valued as an interest-free loan.  
 
III. INJURY AND THREAT OF INJURY 
Determination of injury and causal link between dum ped or subsidized import and injury for domestic 
production  
 Article 24  
 A determination of injury sha ll be based on positive evidence. 
  Proving is carried out by:  
− an examination of the volume of the dumped or subsidized imports and the effect of such 
imports on prices for like products on the domestic market; 
− a determination of the causal link between the du mped or subsidized imports and injury for 
domestic production. 
 
Article 25   With regard to the volume of the dumped or s ubsidized imports, consid eration shall be given 
to whether there has been a significant increase in such imports to the customs territory of the 
Republic of Croatia, either in absolute terms or relative to production and consumption. 
  With regard to the effect of the dumped or subsidized imports on prices, consideration shall 
be given to the following criteria:  
− significant price undercutting by the dumped or  subsidized imports as compared with the 
price of a like product of the domestic industry; 
− price increase restriction as the consequence of the dumped or subsidized imports. 
  None of the criteria referred to in paragraphs 1 and 2 of this Article ha ve decisive impact on 
determination of volume of dumped or  subsidized imports or effect of such imports on the prices for 
the like goods in the domestic market.  
 Where imports from more than one country are simultaneously subject to investigation, the 
effects of such imports shall be cumulatively assessed, unless it is established that the dumping margin or the amount of subsidy is minimal or th at the volume of imports from the investigated 
countries is negligible in the sense of Article 29 of  this Regulation and that the cumulative assessment 
of such imports effects is adequate in the light  of conditions of market competition between the 
import goods and conditions of market compe tition between import goods and the like domestic 
goods.   G/ADP/N/1/HRV/2 
 G/SCM/N/1/HRV/2 
 Page 9 
 
 Article 26   In determining causal link between the dumped or subsidized imports and injury for the 
domestic production, the Ministry shall take into account all substantial ec onomic indices, including: 
 
− the magnitude of the determined dumping margins or the amount of subsidies; 
− actual and potential decline in sales, profits, mark eting, market share, productivity, return on 
investment and utilization of capacity; 
− factors affecting prices on the domestic market; 
− actual and potential negative effects on money flow, inventories, employment, wages,  
capital-raising capacity, economic growth and investments. 
 
 A determination of the causal link between the subsidized imports and injuries for domestic 
production for agricultural-food products shall take  into consideration the increased number of 
subsidy demands in the Republic of Croatia.    None of the indices referred to in paragraphs 1 and 2 of this Article has decisive impact on 
determination of injury and causal link between dump ed or subsidized import and injury for domestic 
industry. 
 Threat of injury
 
 Article 27 
 
 A determination of a threat of injury shall be based on evidences: 
  Evidences on existence of threat of injury include:  
− a significant rate of increase of dumped or subsid ized imports to the customs territory of the 
Republic of Croatia, indicating the likeli hood of substantially increased imports; 
− sufficiently disposable capacity of the exporter or an imminent substantial increase in such 
capacity indicating the likelihood of increase of the dumped or subsidized export to the customs territory of the Republic of Croatia, taking into account the availability of other 
export markets and their capabilit y to absorb such exports; 
− imports at prices that would, to a significant degree, depress prices or prevent price increase 
for the like products on the domestic market; 
− inventories of the product being investigated. 
 
 Exceptionally from paragraph 1 of this Article, a determination of a threat of injury by the 
subsidized imports also includes the investigated type of subsidy and the investigation of possible 
commercial effects that could arise from such subsidies. 
 
IV. INVESTIGATION 
Initiation of investigation upon the request of the domestic industry
 
 Article 28   A written claim for regulating anti-dumping or co untervailing duty (hereinafter referred to as 
“the claim”) may be submitted by any natural or lega l person or trade associations acting on behalf of 
the domestic industry.  G/ADP/N/1/HRV/2 
G/SCM/N/1/HRV/2 Page 10 
 
  When domestic producers are commercially or in any other way rela ted to exporters or 
importers or are themselves importers of the inv estigated products, the term domestic industry shall 
refer to the rest of domestic producers.   
 The claim referred to in paragraph 1 of this  Article may be submitted to the Ministry in 
writing and has to contain evidence on existence of the dumped or subsidized imports for the 
investigated products, of resultant injury that th e dumped or subsidizes imports are causing to the 
domestic industry and of causal link between the dumpe d or subsidized imports and the injury to the 
domestic industry. 
 
 The claim referred to in paragraph 1 of this Article shall contain the following information: 
 
− company and head office of the claimant.  When  a claim is submitted on behalf of domestic 
industry, it has to contain the production in who se name the claim is su bmitted with the list of 
all known domestic producers of the like goods (or association of the domestic producers of 
the like goods) and as precise as possible a d escription of the volume and value of the 
domestic production of the like goods produces by these producers;   
− a description of the products in the claim with the pertaining tariff item (8 or 10 figures) and a 
description pursuant to Customs Tariff Regulations; 
− price of product, the names of the country or countries of origin or export, the identity of each 
known exporter or foreign producer and a list of known persons importing the product in the 
claim; 
− information on the prices of the like products intended for consumption on the domestic 
market of the country or countries of export as well as information on export prices; 
− information on the volume of imports, the effect of those imports on prices of the like product 
on the domestic market and the possible furt her impact of the imports on the domestic 
industry. 
  The Ministry shall notify the Government of the exporting country in question on the receipt 
of a complaint before the initiation of the investig ation.  The Government of the exporting country 
shall be called for consultations in order to  achieve reciprocally acceptable solution. 
 Article 29   The Ministry shall not initiate the investigation if it determines that there is no sufficient 
evidence on the dumped or subsidized imports, inju ry resulting from such imports and causal link 
between such an import and injury for the domestic industry.   The Ministry shall not initiate the investigation if it determines that the dumping margin or the amount of subsidy is minimal or that the volume of the dumped or subsidized imports is 
negligible. 
  The Ministry shall not initiate the investigati on if it determines that the subsidies are not 
specific pursuant to provisions of Articles 15, 16 and 17 of this Regulation.   The dumping margin is considered minimal if it is less that two per cent of the export price, 
and the amount of subsidy is considered minimal if it is less than one per cent of the price of product 
in question.   When the volume of the dumped or subsidi zed imports of the investigated product from a 
particular country is less than three per cent of to tal import of like products into the customs territory 
of the Republic of Croatia, the volume of imports sh all be considered negligible, unless the countries  G/ADP/N/1/HRV/2 
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 from which it is separately imported three per ce nt of like products together cover more than 
seven per cent of total imports of like products in the customs territory of the Republic of Croatia. 
 Decision on initiation of investigation
 
 
Article 30   When the Ministry, on the basi s of the evidences, determines that  there is sufficient evidence 
for the initiation of an investigation and that the complaint is supported by the domestic producers of 
the like goods or directly competitive goods, it sha ll take a decision on initiation of investigation 
(hereinafter referred to as “the decision”).   The complaint shall be considered to be supported by the domestic producers if their 
collective output constitutes more than 50 per cent of  the total production of the like product produced 
by that portion of the domestic industry expressing e ither support for or opposition to the complaint.  
  No investigation shall be initiated when dom estic producers expressly opposing the complaint 
account for at least 25 per cent of the total production of the like goods.   A notice on initiation of the investigation sha ll be published in the “Official Gazette” and 
shall contain: 
 
− date of initiation of investigation;  
− information on products in question; 
− name of the exporting country or the list of the countries of export or origin concerned; 
− summary of the claim for initiation of the investigation; 
− address to which the interested parties shall send their complaints; 
− basis for the claim concerning dumping or a description of the subsidization to be 
investigated;  
− summary of the factors on which the alleged injury is based; 
− period in which the interested parties or pers on they authorized for submitting the complaint 
may state their standpoints, opinions, or writte n evidences and in which they can request a 
hearing. 
  The interested parties can state their sta ndpoints and submit evidences in the period that 
cannot be shorter than 15 days upon the publishing of the notice in the “Official Gazette”.   The Ministry shall notify a Government of the country exporting the goods in question and 
other interested parties on initiation of the investigation. 
 Article 31   The Ministry shall deliver a questionnaire to a ll the interested parties considered to dispose 
with information and data releva nt for implementation of investig ation, including known domestic 
producers, importers, exporters  and foreign producers.  
  Exporters and foreign producers shall be obliged to deliver the replies within 30 days from the 
receipt of the questionnaire.  At the request of e xporters or foreign producers the Ministry may extend 
the 30-day period provided that due cause for such extension exists. 
 G/ADP/N/1/HRV/2 
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  The date of receipt of the questionnaire sha ll be deemed the seventh day from the day on 
which it was sent to the respondent or transmitted to the appropriate diplomatic representative of the 
exporting country.  
 During the investigation all the interested par ties shall be given the opportunity to state their 
standpoints in written form and to inform the other in terested parties thereon and shall have the right 
to state information orally.   During the investigation all the interested pa rties shall have the opportunity to defend their 
own interests by presenting the opposing views and offering rebuttal arguments. 
  Oral information shall be taken into account provided that within 15 subsequent days it is 
submitted in written form and given to other interested parties.   
 The Ministry during investigation may check a ll received data or request additional data from 
entities in question in the measure it is needed, provi ded that the entities concerned give their consent 
and government of the country in question, unless the country is opposing to the investigation. 
  In case the interested parties reject to give  information or do not deliver them in the 
prescribed period, the Ministry shall take a decision on the basis of available facts. 
 
 The investigation shall be concluded within one  year from the date of publishing the decision 
on initiation of the investigation, and may last at the longest 15 months in case of determination of 
dumped imports and 13 months in case of de termination of subsidized imports.  
 
V. ANTI-DUMPING AND COUNTERVAILING DUTIES 
Provisional anti-dumping and countervailing duties
 
 Article 32   When after the initiation of the investigation a nd after the interested parties were given the 
possibility to outline their objections the existence of  the dumped or subsidized imports and the need 
for provisional duties for the prevention of injury that such import could cause during the investigation have been verified, the Minist ry shall propose to the Government of the 
Republic of Croatia to take a decision on prescrib ing of provisional anti-dumping or countervailing 
duties.  
 
 Provisional anti-dumping or countervailing dut ies cannot be higher than provisionally 
determined dumping margin or subsid y amount, and have to be lower than if in that case sufficient to 
remove injuries for domestic industry.   When the Government of the Republic of Cr oatia shall prescribe provisional anti-dumping or 
countervailing duties, the payment of these duties shall be the condition for releasing the goods in 
question to free circulation in the customs territory of the Republic of Croatia.   Exceptionally, the products may be released to free circulation even before the payment of 
anti-dumping or countervailing duties, when the guara ntee pursuant to customs regulations has been 
deposited. 
  The provisional anti-dumping or countervailing dut ies shall be applied no earlier than 60 days 
from the initiation of the proceedings, and shall apply for a maximum period of four months.  G/ADP/N/1/HRV/2 
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  Upon the request of exporters representing a signi ficant percentage of the trade in question, 
the application of provisional duties may be prol onged for a maximum period of six months or for 
nine months if the Ministry should evaluate duri ng investigation that the application of anti-dumping 
duties in the amount less than the dumping ma rgin is necessary to remove the injury. 
 
 The decision on prolongation shall be taken by  the Government of the Republic of Croatia 
upon the proposal of the Ministry.    All the proposals for termination or prolongation of provisional duties has to be delivered to 
the Government of the Republic of Croatia at latest  a month prior to the expiration of the validity of 
provisional duties.  Definitive anti-dumping and countervailing duties 
 
 
Article 33 
  If the Ministry shall verify, in the period to wh ich the investigation refers, the existence of the 
dumped or subsidized import and injury caused ther eby, and that there is a causal link between such 
import and injury for domestic industry, it may propos e to the Government of the Republic of Croatia 
to pass a decision on prescribing of definitive anti-dumping or countervailing duties. 
 
 The definitive anti-dumping or countervailing duties shall be prescribed for the products 
released to free circulation after the verification of  the facts defined in paragraph 1 of this Article. 
  If the amount of prescribed provisional anti-dumping or countervailing duties is lower than 
the definitive anti-dumping or countervailing du ties, the difference shall not be collected. 
  If the amount of prescribed provisional anti-dum ping or countervailing duties is higher than 
the definitive anti-dumping or countervailing duties, the difference shall be returned pursuant to the 
regulations prescribing the return of  customs and other import duties. 
 
 If the Ministry shall verify, in the period to wh ich the investigation refers, the existence of the 
dumped or subsidized import and injury has not yet been caused, but there is danger of developing an 
injury or considerable obstruction to domestic indus try development, and prov isional anti-dumping or 
countervailing duties were not prescribed, definitiv e anti-dumping or countervailing duties may be 
imposed. 
 
Article 34   Provisional and definitive anti- dumping or countervailing duties  shall be collected by the 
Ministry of Finance – Customs Administration in the form, amount and criteria that are determined in the course of their imposition, independently of customs duties and other payments that normally 
burden imports and in a way in which the payment of import charges is regulated. 
 Special cases of definitive anti-dumping and countervailing duties 
 
 Article 35 
 
 Provisional and definitive anti-dumping or counter vailing duties shall apply only to products 
released to free circulation after entering into force of the Decision passed pursuant to Article 32, 
paragraph 1 and Article  33, paragraph 1.  
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  Exceptionally, when provisional measures are applied, and definitively determined facts 
indicate the existence of anti-dumping or subsidy against which the measures may be undertaken, the 
Ministry proposes to the Government of the Repub lic of Croatia a passing of the decision which 
provisional duties are to be paid.  In that case, it is possible to prescribe definitive duties only from the 
day from which the injury threat exists or material lagging of the domestic production.  
  Definitive anti-dumping or countervailing duties may be prescribed retroactively.   Definitive anti-dumping or countervailing duties may be prescribed retroactively only for 
products released to free circulation 90 days prio r to the date of application of provisional  
anti-dumping or countervailing duties, but not prior to the date of initiation of the investigation. 
  Definitive anti-dumping duties referred to in para graph 4 of this Article may be prescribed if: 
 
− dumped import of the like products to the cust oms territory of the Republic of Croatia is 
previously determined; 
− the importer was acknowledged with the existen ce of dumping and that injury will be caused; 
− injury is caused by great quantities of dumped import in a relatively short period, which will, 
taking into consideration duration and volume of dumped import and other circumstances, 
probably lower the favourable effect of the anti-dumping duty.  
  Definitive countervailing duties referred to in para graph 4 of this Article may be prescribed if: 
 
− injury which is difficult to repair is caused by massive imports of a product benefiting from 
subsidies against which it is possible to undertake measures, in a relatively short period;  and  
− it is necessary, in order to preclude the recurre nce of such injury, to prescribe a definitive 
countervailing duty.  
  Definitive anti-dumping or countervailing duties refe rred to in paragraph 4 of this Article may 
be prescribed retroactively on the condition that the importers in the investigation were allowed an 
opportunity to comment. 
 Decision on prescribing of anti-dumping or countervailing duties
 
 Article 36 
 
 Provisional and definitive anti-dumping or count ervailing duties are prescribed against the 
decision of the Government of the Republic of Croatia that shall be published in the 
“Official Gazette”.  
 The Decision of the Government of the Republic of  Croatia referred to in paragraph 1 of this 
Article contains:  
− data on products in question that comprise the tariff number (8 or 10 figures) and a 
description pursuant to Customs Tariff Regulations; 
− determined margins of dumping and explana tion of methodology for determination and 
comparison of the export price with normal valu e or determined amount of subsidy and the 
basis on which the existence of subsidy was determined; 
− data on determined injury based on evidences; 
− the amount of anti-dumping or countervailing duty; 
− duration of anti-dumping or countervailing duty; 
− date from which the anti-dumping or countervailing duty shall apply;  G/ADP/N/1/HRV/2 
 G/SCM/N/1/HRV/2 
 Page 15 
 
 
− facts on which the decision is based; 
− the name of the exporter to which the decision relates; 
− if the decision relates to more exporters from th e same country, and it is not possible to enlist 
them separately, only the exporting country is stated. 
 Article 37 
 
 If the product in question is imported to the cu stoms territory of the Republic of Croatia from 
more countries, the anti-dumping or countervailing duty shall be determined in the appropriate 
amount on undiscriminatory basis for all the importe d products for which dumping or subsidizing, 
injuries and causal links between such imports and injuries caused by such imports are verified, unless 
for products from sources that have accepted th e obligation of price change by agreement. 
 
Article 38   The Ministry determines a single dumping marg in or the amount of subsidy for each known 
exporter or producer of the products in question.  If the number of exporters, producers, importers or 
kinds of products is large, and such determin ation is not possible, the Ministry may limit its 
investigation to:  
− a reasonable number of exporters of products or transactions in order to obtain statistically 
representative sample, or 
− the biggest representative volume of production, sa les or exports that can be investigated 
within the period available for investigation. 
 
 When the Ministry shall limit the investigati on pursuant to paragraph 1 of this Article, the 
anti-dumping or countervailing duties that apply to exporters or producers not enclosed by the 
investigation, shall not exceed:  
− evaluated average margin of dumping or an average amount of subsidy against which 
measures can be taken and that is determined  for exporters or producers enclosed by the 
investigation, or 
− where the obligation of paying of anti-dumping duty is calculated on the basis of future 
normal value, the difference between weighted average normal value of the selected exporters 
and producers and export prices of exporters or producers that are not separately investigated, under the condition that in relation to this para graph the Ministry shall neglect any null or 
minimal margin. 
 
Duration and verification procedure of  anti-dumping or countervailing duties
 
 Article 39  
 Anti-dumping or countervailing duties shall rema in in force only as long as it is necessary to 
counteract the effect of the dumped or subsidized import which has caused injury.   Anti-dumping or countervailing duties shall expire  at latest  five years from its imposition or 
from the date of the most recent verification if such a verification procedure covers both dumping or subsidization and injury. 
 
 The Ministry shall publish, in the period of six months prior to the expiry of the period referred to in paragraph 1 of this Article, the notice thereon in the “Official Gazette”. 
 G/ADP/N/1/HRV/2 
G/SCM/N/1/HRV/2 Page 16 
 
 Article 40   Such a verification procedure shall be initiate d on the own initiative of the Ministry or upon 
request made by domestic industry. 
 
 A procedure shall be initiated where the request contains sufficient evidence that the expiry of 
duties would be likely to result in continuation or recurrence of dumping or subsidization and injury. 
  A verification request as defined in paragraph 1 of this Article shall be submitted no later than 
three months before the expiry of measures. 
  The imposed duties shall remain in force until the termination of the verification.  
 Article 41 
 
 The procedure of verification during the validity of duties may be initiated by the Ministry upon its own initiative or upon the request of any export er or importer or domestic industry containing 
evidence substantiating the need for such verification.   The procedure referred to in paragraph 1 of this Article shall be initiated if the request 
contains evidences that the continued imposition of anti-dumping or countervailing duties is no longer 
necessary to offset anti-dumping or countervailing du ties or that it is not likely that there will be 
continuation or the injury shall not r ecur if the duties will be abolished. 
  The procedure shall be initiated even if the request contains evidences that the imposed duties 
are not sufficient to remove the effects of the dum ped or subsidized import that is causing injury. 
 Article 42   The verification procedures as defined in Artic les 40 and 41 of this Regulation shall be 
concluded within 12 months and at the latest with in 15 months from the date of initiation of the 
verification. 
 Article 43   The summary procedure of anti-dumping duties verification shall be carried out in order to 
establish the single dumping margins for all new e xporters from the exporting country in question, 
which during the review period on the basis of wh ich the dumping margins were established have not 
exported products in question to the customs terri tory of the Republic of Croatia.  The summary 
procedure of anti-dumping duties verification shall be  initiated if the exporter or producer in the 
exporting country proves that in the sense of Ar ticle 2 point 7 of this  Regulation he is not 
commercially linked to the exporters or producer s in the exporting country to which anti-dumping 
duties are applied.  During summary verifica tion procedure anti-dumping duties shall not be 
introduced for imports from sources in investigation.    The summary procedure of countervailing duti es shall be initiated upon the request of any 
exporter whose export is subject to payment of countervailing duties and that was not examined 
during the review procedure.  The summary proce dure of countervailing duties shall be initiated in 
order to establish individual duties for that exporter.  The summary procedure referred to in paragraphs  1 and 2 of this Article is implemented by 
emergency procedure and in period  no longer than nine months from the initiation of the summary 
verification procedure. 
  G/ADP/N/1/HRV/2 
 G/SCM/N/1/HRV/2 
 Page 17 
 
 
VI. TERMINATION OF INVESTIGATION  
Agreement on prices  
 Article 44 
 
 The investigation may be concluded without pr escribing of provisional or definitive duties if 
the agreement on prices is achieved.     The exporters may propose the agreement on prices, in a way that they shall commit 
themselves to the change of their prices or that  they shall stop the export at anti-dumping or 
subsidized prices, or if the exporting country agrees to cancelling or limiting subsidies or the application of other measures with the like effect.   The agreement on prices may also be proposed  by the Ministry, and the exporter or the 
exporting country shall not be ob liged to accept such a proposal. 
  The commitment of price change can not be requested from the exporter before the existence 
of the dumped or subsidized import and injury  caused by such an import are determined. 
  The price increase can not be higher than is necessary to remove the effect of dumping 
margin or amount of subsidy. 
  If the Ministry rejects the offered change of  price because the number of real or potential 
exporters is too large or because of other reasons it has to notify thereon the exporter who can state its 
comments. 
 
 Upon the request of the exporter or if thus decides the Ministry, the investigation procedure shall be concluded even in case of accepting the obligation of price change.   The Ministry shall publish the notice on the achie ved price agreement with relevant elements 
in the “Official Gazette”. 
 
Consequences of non-fulfilment of price agreement
 
 Article 45  
 The Ministry may request from the party with  which the price agreement is achieved to 
deliver data relevant for evaluation of fulf ilment of the taken over commitment on prices.  
  Non-fulfilment of that request shall be considered price agreement breach. 
  In case the commitment from the price agreemen t shall not be fulfilled, the Ministry shall 
propose to the Government of the Republic of Cr oatia the prescribing of provisional or definitive 
duties, under condition that in the investigation pr ocedure the existence of dumped or subsidized 
import, injury and causal link has been determined and the party was given the chance to explain the 
non-fulfilment of price agreement.  
Termination of review procedure without prescribing of duties
 
 Article 46  G/ADP/N/1/HRV/2 
G/SCM/N/1/HRV/2 Page 18 
 
  The review procedure shall be terminated without  prescribing of duties even if the request for 
initiation of the investigation procedure has been wi thdrawn, and the termination of the procedure is 
not contrary to the interests of the Republic of Croatia.  
 The review procedure shall also be terminated if  the Ministry on the basis of facts establishes 
that the prescribing of duties is not necessary.  Article 47  
 The Ministry shall notify the country exporting products in question as well as the interested 
parties on termination of the procedure.   The Ministry shall publish the notice on termin ation of review in the “Official Gazette”. 
 
Refunds of overpaid amounts
 
 Article 48   An importer shall be granted the reimbursemen t of the overpaid amounts if the Ministry of 
Finance – Customs Administration establishes that the dumping margin or the subsidy amount on the 
basis of which duties were paid has been either e liminated or reduced to a level which is below the 
level of the duty in force.    The importer shall submit to the Ministry of Finance – Customs Administration a written application for refund of anti-dumping or counterva iling duties together with data concerning the 
amount of anti-dumping or countervailing duties for that period and all customs documents 
concerning the calculation and payment of these amounts.    The refund of duties shall be carried out within three months from the date of submitting the application for the refund of duties.  
 The Ministry of Finance – Customs Administration shall within 30 days from the date of 
decision concerning the refund carry out the appr oved refund increased for the amount of default 
interest that are being paid for th e overpaid amounts of public revenue.   
 
VII. CLOSING PROVISION 
Article 49 
  This Regulation enters into force on the eighth day from its publication in the “Official Gazette”.  
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