  
  
G/ADP/N/1/LAO/2  
G/SCM/N/1/LAO/1  
 
19 December 2019 
(19-8870) Page: 1/20 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  Original: English  
 
 
NOTIFICATION OF LAWS  AND REGULATIONS UND ER  
ARTICLE S 18.5 AND 32.6 OF THE RELEVANT AGRE EMENT S 
LAO PEOPLE'S DEMOCRATIC REPUBLIC  
The following communication, dated 15 November 2019, is being circulated at the request of the 
delegation of Lao  People's Democratic Republic ("Lao PDR") . 
_______________  
LAO PEOPLE’S DEMOCRA TIC REPUBLIC  
PEACE INDEPENDENCE D EMOCRACY UNITY PROSP ERITY  
National Assembly  No. 65/NA  
 Vientiane Capital, Date 14 June 2019  
LAW ON ANTI -DUMPING AND COUNTERVAILING M EASURES1 
PART I 
GENERAL PROVISIONS  
Article 1 Objectives  
This law determines principles, regulations and measures on the management, monitoring and 
inspection on anti -dumping and countervailing activities in order to protect a domestic industry 
affected by unfair trade , with the aim to ensure the improvement of domestic industry, strengthening 
and maintaining its growth, and competitiveness with imported products thereby contributing to the 
national socio -economic developmen t. 
Article 2  Anti-Dumping and Countervailing M easures  
Dumping is an export of product to Lao PDR for commercial purposes where the export price is less 
than the normal value of like products selling in the domestic market of exporting country . 
Subsidy is a financial contribution or any support by a go vernment or any public body of an exporting 
country to any enterprise for commercial purposes.  
Anti-dumping and countervailing measures are the application of tariff measures for a certain period 
of time in order to counter unfair competition from dumping and subsidy which caused an injury to 
domestic industry.  
                                                
1 Authentic in Lao Only  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  Article 3 Definitions  
The terms as used in this law have the following meanings:  
1. Domestic industry refers to all Lao or foreign individuals or entities in Lao PDR who produce  
like industrial and agricultural products similar to imported products, which their collective 
output constitutes a significant proportion of the total domestic output of these products ; 
2. Like products  refer to products that are identical or similar charact eristics to the products 
that are manufactured in Lao  PDR; 
3. Investigated products refer to the allegedly dumped or subsidized products;  
4. Exporting country  refers to a country exporting the allegedly dumped or subsidized 
products to Lao PDR;  
5. Exporter  refers t o a foreign exporter exporting products to Lao PDR;  
6. Interested party  refers to a producer, exporter, or importer, and the governments of 
exporting countries of dumped or subsidized products, or to groups, associations, or 
organizations that, through repres entation, protect the interests of the domestic industry;  
7. Third party  refers to a person or entity involved in the import or export of the investigated 
products;  
8. Material injury  refers to an injury caused from serious effect of import of dumped or 
subsidiz ed products to a domestic industry;  
9. A threat of material injury  refers to a serious and imminent injury that is likely to happen 
to a domestic industry;  
10. Material retardation of the establishment of a domestic industry  refers to serious 
effect to domestic e nterprises in establishment or operating business in Lao PDR;  
11. Weighted average  refers to the price calculated from a summation of the product price 
multiplied by product volume and divided by a sum of the product volume;  
12. Tariff measures refer to placing a security  by cash deposit in accordance with calculated 
tax rates or increasing in tariff rates on dumped or subsidized products;  
13. Supporter  refers to domestic producer of the like product that expresses support for the 
undertaking of investigation of injury  from dumping and subsidization of exporting country;  
14. Opposer  refers to domestic producer of the like product that expresses opposition to the 
undertaking of investigation of injury from dumping and subsidization of exporting country;  
15. Neutral  refers to dom estic producer of the like product that does not express either support 
for or opposition to the undertaking of investigation of injury from dumping and subsidization 
of exporting country;  
16. Market share  refers to portion of sales volume of a product compare d to total sales of the 
same product within the market;  
17. Productivity  refers to the efficiency production of domestic industry.  
Article 4 State Policy on Anti -Dumping and Countervailing Activities  
The state encourages and promotes anti -dumping and counterva iling activities by developing policies 
and measures to counter unfair competition from import of dumped or subsidized products aiming 
to create a favorable environment and conditions for domestic industry to maintain growth.  
The state provides budget, per sonnel, vehicles, and equipment to responsible agencies for the 
efficient and effective implementation of anti -dumping and countervailing activities.  
Article 5 Principles on Anti -Dumping and Countervailing Measures  
Anti-dumping and countervailing measures shall comply with the following principles : 
1. Ensure compliance with policy and laws;  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  2. Ensure transparency, objective, and fairness;  
3. Comply with treaties and international agreements to which Lao PDR is a party.  
Article 6 Scope of Appl ication  
This law is applicable to domestic and foreign individuals, legal entities, and organizations that 
produce domestically, and to importers who import dumped or subsidized products.  
Article 7  International Cooperation  
The state promotes foreign, regional, and international cooperation related to protection of domestic 
industry that get injury from import of dumped or subsidized products by exchanging information, 
techniques, and technologies; training personnel and upgrading technical cap acity to perform 
activities efficiently; and abiding with international agreements and treaties to which Lao  PDR is the 
party.  
PART II 
DUMPING AND SUBSIDY  
CHAPTER 1  
DUMPING  
Article 8 Dumping  
Dumping is carried out by determining the export price of a parti cular product exporting to Lao PDR 
less than its normal value in the domestic market of the exporting country.  
Article 9 Export Price  
The export price shall be the price actually paid or payable for the investigated product from the 
exporting country at wh ich is resold in Lao PDR.  
Where there is no export price, or where the export price is unreliable due to an association or 
compensatory arrangement between the exporter and the importer or a third party, the export price 
may be calculated on the basis of t he price at which the imported products are first resold in an 
independent buye r. 
If the imported product is not resold to an independent buyer or not resold in the conditions as 
imported, the export price shall be determined on a reasonable basis.  
Article 10 Normal Value  
Normal value is the price of like products selling for consumption in the exporting country on the 
basis of the price paid or payable in the ordinary course of trade and it is comparable price with the 
export price to Lao PD R. 
In ca se where there is no sales of like products in exporting country or where the sales of such 
products are not comparable, the normal value shall be determined based on the following price s: 
1. The export price of like product in the third country if there is r easonable ground to believe 
that such price shows the price in exporting country market; or  
2. The calculation is made from production cost of origin country plus administrative expense, 
selling and other expense including profit s. 
In case where the prices stipulated in paragraph 1 and clau se 1 of paragraph 2 of this Article are 
lower than production cost plus administrative expense, selling and other expenses, they shall not 
subject to determine as normal valu e. G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  For determination of normal values sha ll be specified in a separate regulatio n. 
Article  11 Determination of Dumping Margin  
Determination of dumping margin is a calculation of variance of normal value and the export price 
those of sales made  at the same level of trade and of sales made at as ne arly as possible the same 
time, which has the methods of comparison as follows:  
1. Weighted average normal value and wei ghted av erage export price;  
2. Normal value and export price of each commercial transaction;  
3. In case the export price is different between buy ers, region,  period of export, the comparison 
shall be made between a  weighted  average price and an export price of each commercial 
transaction.  
In case the normal value and export price being compared  are not the prices of sales made at the 
same level of trade and of the sales made at as nearly as possible the same time, the adjustment 
of components affecting comparison shall be made . 
When there are price comparisons related to currency exchange, the exchange rates used is from a 
particular commercial bank  on the date of sale. If there is an agreed exchange rate in advance, the 
agreed exchange rate should be use d. 
For the fo rmula of calculation on determining margin of dumping and comparison of normal value 
and export price shall determine in a specific reg ulatio n. 
CHAPTER 2 
SUBSIDY  
Article 12 Subsidy  
Subsidy shall include:  
1. Financial contribution;  
2. Income or price support.  
Article 13 Financial Contributio n 
Financial contribution by a government or public body of exporting country shall includ e: 
1. A direct transfer of funds to an enterprise in the forms of grants, loans, and equity infusion 
or an indirect transfer of funds in the form of loan guarantees;  
2. Forgoing  or reduction of obligations as stipulated in laws for an enterprise and industry;  
3. Provision of g oods or services to contribute in production process other than general 
infrastructure or purchase of products from the enterprise;  
4. Making payments to a funding mechanism, or entrusting or directing a private body to carry 
out one or more of the type of fu nctions stipulated in clause  1, 2 and 3 of this Article. 
Article 14 Income or  Price  Support  
Income or price support is a direct or a direct increase exports of any product which operates directly 
or indirectly or to reduces import of any product.  
Article  15 Specificity  
The govern ment of Lao PDR shall apply a countervailing measures to subsidy as stipulated under  
Article  13 and 14  of this law if it is deemed to be specificity to certain industry, group of industries, 
enterprise or group of enterpris es as the following cases:  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  1. Subsidy provided  whether in law or practic e; 
2. Subsidy provided for designated specific geographical regio n; 
3. Subsidy upon export performanc e; 
4. Subsidy upon the use of domestic over import s. 
In addition to subsidization as stipulated in items 1, 2, 3 and 4 of this Article , other factors may be 
considered such as number of enterprise, group of enterprises, industry or group of industries 
received subsidy, amounts of subsidy, period and types of subsidy.  
Article  16 Calculation of Amount of Subsidization  
Calculation of amount of subsidization is the calculation of benefits confer red to the recipient by 
determining either an amount of subsidy or a rate of subsidy per unit of the subsidized product 
exporting to Lao PDR, as a basis for application of measure s. 
Calculation of benefits confer red from subsidy shall comply with the following principles:  
1. In the form of grant shall be calculated from amount of the grant which an enterprise, group 
of enterprises, industry or group of industries rec eived; 
2. In the form of loan shall be calculated from variance of the interest rate of loan which an  
enterprise, group of enterprises, industry or group of industries should pay a bank and the 
interest rate of  loan paid the gover nment;  
3. In the form of  equity infusion shall be ca lculated from the amount of actual capital that an 
enterprise received from selling the shares to a government;  
4. In the form of loan g uarantee shall be calculated from variance of interest  rate of loan  of a 
bank without guarantee  and interest rate of loan with guaranteed  by a government;  
5. In the form of provision of goods or services for less than adequate remuneration shall be 
calculated from variance of normal value of products or services  in the market and the price 
that an enterpri se paid to the government;  
6. In the form of purchase of goods for more than adequate remuneration shall be calculated 
from variance of the price gover nment paid and the normal value of such product in the 
market.  
7. In the form of forgoing or reduction of obligation collection as stipulated in laws and 
regulations for an enterprise shall be calculated from variance of the amount of money to 
be paid the government and the amount of money paid the enterprise, group of e nterprises, 
industry or group of industries.  
The amount of subsidy granted in forms other than those seven (7) forms as stipulated above shall 
be calculated in a fair and reasonable way.  
CHAPTER 3 
DETERMINATION OF INJ URY TO DOMESTIC INDU STRY 
Article 17 Inj ury of Domestic Industry  
Injury of domestic industry  is loss of commercial benefits from import of dumped or subsidized 
products  causing damage to the domestic industry as one of the following forms:  
1. Material injury;  
2. A threat of material injury;  
3. Material retardation of the establishment or development of a domestic industry.  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  Injury of domestic industry shall have a causal link with  dumping or subsidy of exporting country as 
stipulated in Artic le 21 of this law and where injury inv olved imports of a product from more than 
one country, injury may cumulatively assessed as stipulated in Article 22 of this law.  
Article 18 Determination o f Material Injury  
Determination of material injury to domestic industry from dumping or subsidy shall consider from 
evidence as follows:  
1. The volume of dumped or subsidized products imports absolutely or relatively increase by 
comparing to production or consumption in Lao PDR;  
2. Effects of dumped or subsidized products to like products in Lao PDR which has caused price 
undercuttin g, depressing prices or preventing price increase;  
3. Effects of dumped or subsidized products to domestic industry sh all consider the following 
factor s: 
Actual or potential decline in sales, profits, output, market shares, productivity, return on 
investment or utilization capacity;  
Factors affecting domestic prices;  
Actual and potential of negative effects on cash flow, inventories, employment, wage, growth 
rate of business, ability to raise capital or investments.  
For the methodology of determination of material injury shall specify in a specific regulatio n. 
Article 19 Determination of T hreat of Material Injury  
Determina tion of t hreat of material injury to domestic industry from dumping or subsidy shall 
consider on facts where there is change in circumstances and clearly foreseen that dumping or 
subsidy is likely to occur and cause an imminent injury which shall consider  the following factors:  
1. Import of dumped or subsidized products has increased in significant proportion indicating 
the likelihood of substantially increased importations;  
2. Capabilities of selling products of exporters shall highly increase in the ne ar future  and 
indicate that there is likelihood of export of dumped or subsidized products to Lao PDR;  
3. The price of dumped or subsidized products caused depressing or suppressing prices of 
domestic product and increase of likelihood of the given products i mportations;  
4. The amount of inventories of dumped or subsidized products under investigation.  
For subsidy, nature of the subsidy and the trade effects likely to arise therefrom  shall be also 
considered.  
Article  20 Determination of Material Retardation of th e Establishment or Development of 
a Domestic Industry  
Determination of material retardation of the establishment or development of a domestic industry  
shall consider on facts that indicate  possibility of duration in establishment or development of a 
domest ic industry which shall consider from the following factors:  
1. An establishment and development plan of domestic industry;  
2. Production capacity and outputs;  
3. Amount and value of domestic sales;  
4. Market shares, incomes and profits;  
5. Export and import of the investigated products;  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  6. Inventory;  
7. Employment and wages;  
8. Other factors where necessar y. 
Article 21 Determination of Causal Link between Dumping or Subsidy and Injury of 
Domestic Industry  
Determination of causal link between dumping or subsidy and injury of domestic industry shall 
consider relevant evidence of dumping or subsidy as stipulated in Article s 18, 19 an d 20 of this la w. 
Other factors caused injury to domestic industry shall also consider as well such as: amount and 
prices of products impo rted which do not sell at prices of dumped and subsidized products; change 
of demand or change of consumption pattern; restraint of trade and competition between domestic 
and foreign industries;  technological development; and policy on production for expor ting and 
production capacity  but shall not be deemed as associated factors with dumping or subsidy.  
Article 22 Cumulative assessment  
Cumulative assessment is an assessment of injury where the dumped or subsidized imports from 
more than one country into Lao  PDR simultaneously.  
Investigation committee shall conduct cumulative assessment if the dumped or subsidized imports 
from each exporting country satisfy the following requirements:  
1. The margin of dumping is less than two (2) percent of export price;  
2. The vol ume of import of dumped products are less than three (3) percent of like products 
import to the country or the volume of import of dumped products from each country 
collectively by not more than seven (7) percent of the amount of like products import in 
total; 
3. The amount of subsidization are less than one (1)  percent of the product value originating 
from developing countries or no more than two (2) percent of product value originating from 
developing countries which are members of the WTO;  
4. The volume of imp ort of subsidized like products or iginating from developing countries which 
are members of the WTO are less than four (4) pe rcent of import of like products or the 
volume of import of subsidized products from fore ign countries collectively by not more than  
nine (9) percent of the amount of import of like products in total;  
5. Conditions of competition between the dumped or subsidized products and the like domestic 
products in Lao PDR.  
PART IV 
INVESTIGATION AND IN VESTIGATING AUTHORIT IES 
CHAPTER 1  
INVESTIGATION  
Article 23 Investigation on Injury from Dumping or Subsidy  
Investigation on injury from dumping or subsidy refers to finding information to certify the injury 
caused by dumping or subsid y. 
Investigation on injury from dumping or subsidy shall be only carried out when there is any cause 
as stipulated in Article 24 of this law occur red. G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  The Ministry of Industry and Commerce shall conduct investigation on injury from dumping or 
subsidy through cooperation with ministries, other relevant organization befor e proposing to the 
government to consider the application of measures as stipulated in Article  38 of this la w. 
Article 24 Causes of Investigation  
Causes of investigation on injury from dumping or subsidy are as follows:  
1. A discovery of information or eviden ce of injury to a domestic industry by the investigating 
authorities;  
2. A domestic industry or its representative application.  
Article 25 Discovery of Information and Evidence by Investigating Authorities  
When the investigating authorities discover informati on and evidence that indicate causal link 
between dumping or subsidy and injury of domestic, they shall report to the Minister of Industry and 
Commerce for consideration of issuing the Decision on Investigation.  
Article 26 Application by Domestic Industry or Its Representative  
A domestic industry or its representative may file an application to the Ministry of Industry and 
Commerce to conduct an investigation on injury of domestic industry as defined in Articles 18, 19 
and 20 of this law.  
The application sh all contain the following information:  
1. General information of domestic industry or its representative with a list of all domestic 
industry of like products who express support;  
2. Description of like products domestically produced and the investigated product s; 
3. Producers, exporters and importers of the investigated products;  
4. Normal value, export price and margin of dumping;  
5. Forms, duration and amount of subsidization;  
6. Risk assessment of domestic industry;  
7. Causal link between dumping or subsidy and injury of do mestic industry.  
Where the producers of like product are themselves the importers of dumped and subsidized 
products, or related to the importers or exporters of dumped and subsidized products, such 
producers shall not be deemed as domestic industry.  
Articl e 27 Consideration of Application  
After receiving the application, the investigating authorities shall complete their consideration of the 
information and evidence within forty -five (45) days from the date of receiving the application. If 
the consideration  is not completed within the determined time period, they shall propose that the 
Minister of Industry and Commerce consider an extension, but not by more than thirty (30) days.  
In consideration of application, the investigating authorities shall verify and  confirm that production 
volume of a party who supports the investigation and a party who does not support thereof represent 
fifty (50) percent of domestic production volume of like products and oppose collectivel y. Howeve r, 
the party who supports the inve stigation shall have the production volume more than 
twenty -five (25) percent of the total production volume of like products of applicant, supporter, 
opposer and neutral collectively.  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  After consideration, research and analysis, the investigating authoriti es shall comply as following:  
1. In case the investigating authorities find no evidence to indicate causal link between 
dumping or subsidy and injury of domestic industry, they shall report to the Minister of 
Industry and Commerce and notify the applicant regarding the analysis results;  
2. In case the investigating authorities find evidence from review of the application indicating 
that causal link between dumping or subsidy and injury of domestic industry, they shall 
report to the Minister of Indust ry and Commerce for consideration of issuing a Decision on 
Investigation.  In case the subsidy shall notify the government of exporters in order to consult 
after receipt of the application.  
Article 28 Investigative Procedures  
An investigation shall be conducted as the following procedures:  
1. Issuance of a Decision on Investigation;  
2. Actual investigation;  
3. Summary report on investigation results.  
Article 29 Issuance of Decision on Investigation  
After receiving the  report from the investigating authorities, t he Minister of Industry and Commerce 
shall consider issuing the Decision on Investigation, including appointment of an investigating 
committee on dumping or subsidy injury.  
Decision on Investigation shall contain the following information:  
1. The name of expo rting country and description of investigated products;  
2. The date of initiation of the investigation;  
3. A summary of factual evidence with re spect to dumping and subsidy of exporting country;  
4. The time -limits allowed for interested parties to present their vie ws; 
5. The address of investigating authorities.  
The investigating committee on dumping and subsidy injury shall consist of the investigating 
authorities, government officials of the industry and commerce sector, and other relevant sectorial 
representatives.  
Articl e 30 Actual Investigation  
After the Minister has issued the Decision on Investigation, the investigating authority shall carry 
out the investigation according to the following procedures:  
1. Notify the exporting country, the applicant, the World Trade O rganization (WTO), and 
interested parties;  
2. Disseminate the Decision on Investigation through any media to the public;  
3. Send questionnaires to the domestic industry and producer or exporter of the investigated 
producer for providing information;  
4. Analyze info rmation received from the questionnaires or request for additional information 
where necessary;  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  5. Notify interested parties of the preliminary determination in order for them to present their 
views;  
6. Collect and analyze additional information in exporting country to certify the accuracy and 
truth of injury from dumping or subsidy;  
7. Notify interested parties of essential factual evidence under consideration which form the 
basis for final determination in order for them to present their views;  
In cas e where there are exporters, producers, importers or types of investigated products, the 
investigating committee shall use a random sampling method to determine the exporters, producers 
or types of products according to appropriate statistic information.  
Article 31 Summary Report on Investigation Results  
After completing an investigation, the investigating committee shall summarize and report the 
results of the investigation, including evidence gathered, to the Minister of Industry and Commerce, 
who shall p ropose to the government to consider whether or not to apply anti -dumping or 
countervailing measures.  
Article 32 Duration of Investigation  
The investigation shall be completed within twelve  (12) months from the date of issuance of the 
decision. If the inve stigation is not completed within the determined time, the investigating 
committee can propose that the Minister of Industry and Commerce consider an extension, but not 
by more than six (6) months.  
Article 33 Cancellation of Investigation  
The Minister of I ndustry and Commerce may issue the Decision on Cancellation of Investigation in 
the following cases:  
1. The applicant withdraws its application;  
2. There is no evidence to proof causal link of dumping or subsidy and injury of domestic 
industry;  
3. The investigation  findings are not consistent with conditions defined in Article 22 of this law;  
4. Other reasons as determined by the Government;  
Following the issuance of the Decision on Cancellation of Investigation, the Ministry of Industry and 
Commerce shall notify the W TO and interested parties as well as disseminate it to the public.  
Article 34 Treatment of Confidential Information  
The investigating authorities and committee shall treat as confidential information or data that which 
the provider has asked to be kept con fidential and shall not disclose such information to the public 
without the permission of the provider.  
The investigating authorities and committee may request the submitter to summarize the data so 
that it can be disclosed to the public. If the submitter cannot summarize the information, he shall 
provide the reasons.  
If the investigating authorities and committee find that a request for confidential treatment is 
unreasonable and that the provider has not agreed to disclose the information or a summary of i t to 
the public without reason, the investigating authorities and committee may not use the information 
as a basis for consideration, unless there is proof obtained from another source that certifies that 
such information is accurate.  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  Article 35 Investigat ion Expenses  
Investigation expenses regarding injury from dumping or subsidy shall be paid from the 
government 's budget.  
CHAPTER 2  
INVESTIGATION AUTHOR ITIES  
Article 36 Investigation Authorities  
The investigating authorities are civil servants. They are appointed by the Minister of Industry and 
Commerce to carry out the investigations regarding injury from dumping or subsidy as defined under 
this law.  
Article  37 Rights and Duties of Investigating Authorities  
The investigating authorities have the followin g rights and duties:  
1. Consider the application made by domestic industry or its representative report to the 
Minister of Industry and Commerce for consideration of issuing a Decision on Investigation;  
2. Investigate or request information from the applicant, t he exporter, the importer and 
domestic industry regarding injury from dumping or subsidy;  
3. Collect and analyze data regarding injury from dumping or subsidy;  
4. Research the reasonable determination of normal values and export prices propose to 
investigating c ommittee;  
5. Summarize and report on injury from dumping or subsidy to the Minister of Industry and 
Commerce for consideration;  
6. Research and propose cancellation or extension of application anti -dumping or countervailing 
measures; and  
7. Exercise rights and impl ement other duties as defined under this law.  
PART V 
ANTI -DUMPING AND COU NTERVAILING MEASURES  
CHAPTER 1  
TYPE OF ANTI -DUMPING  AND COUNTERVAILING MEASURES  
Article 38 Type of Anti -Dumping and Countervailing Measures  
Anti-dumping and countervailing measure s consist of the two following type s: 
1. Provisional Measures;  
2. General Measures.  
Article 39 Provisional Measures  
Provisional measures apply to the importer of dumped or subsidized products under investigation by 
requesting it to place a security by cash deposit.  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  Article  40 General Measures  
General measures apply to the importer of dumped or subsidized products after the completion of 
an investigation that finds injury to domestic industry, as defined in Articles 18, 19 and 20 of this 
law, by increase in tariff rat es. 
CHAPTER 2  
APPLICATION OF PROVI SIONAL MEASURES  
Articl e 41 Application of Provisional Measures  
Provisional measures shall be applied after two (2) months from the date of Minister of Industry and 
Commerce has issued the Decision on Investigation on Injury from Dumping or Subsidy.  
During the investigation and results of preliminary investigation confirm that dumping or subsidy 
has caused injury to domestic industry and found that it is necessary to apply the provisional 
measures in or der to prevent injury during the investigation, then the investigating committee shall 
report to the Minister of Industry and Commerce immediately in order to propose to the government 
to consider the application of provisional measures.  
After the governme nt agrees to apply the provisional measures, the Ministry of Industry and 
Commerce shall notify the WTO and interested parties. The Ministry of Finance shall implement such 
measures.  
The amount of cash deposit must be equal or lower than margin of dumping or amount of subsidy 
of exporters as estimated in preliminary determination.  
Prior the application of provisional measures, exporters agree to eliminate dumping or subsidy [in 
this case] shall comply with the provisions of Articles 44, 45 and 46 of this la w. 
Articl e 42 Duration for the Application of Provisional Measures  
Duration for the application of provisional Measures for dumping as follows:  
If the amount of cash deposit is equal to a margin of dumping, the application of provisional 
measures against d umping shall not exceed four (4) months from the date of  issuance of the decision 
to apply such measures. In case where there is a request by exporters representing a significant 
percentage of the trade involved , the investigating committee will report to the Minister of Industry 
and Commerce to propose  the government  in considering the extension of not more than two (2) 
months, or all together not more than six (6) months.  
If the amount of cash deposit is lower than margin of dumping which would be suffici ent to remove 
injury occurred. The investigating committee may impose provisional measures not more than 
six (6) months from the date of issuing the Decision on Application of Measures. If there is a request 
by exporters representing a significant percenta ge of the trade involved, the investigating committee 
will report to the Minister of Industry and Commerce to propose  the government to consider the 
extension not more than three (3) months, or all together nine (9) month s. 
The application of provisional m easures against subsidy shall not exceed four (4) months from the 
date of issuance of the decision to apply such measure s. 
Article 43 Cancellation of the Application of Provisional Measures  
The government shall consider cancellation of the application of p rovisional measures according to 
proposal of the Ministry of Industry and Commerce after the investigation finds that dumping or 
subsidy has not caused injury to domestic industry.  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  After the government agreed to cancel the provisional measures, the Ministry of Industry and 
Commerce shall notify the WTO and interested parties. The Ministry of Finance shall return the cash 
deposit to the importer according to laws.  
Articl e 44 E limination  of Dumping or Subsidy  
Elimination of dumping or subsidy is the de velopment of the agreement between the Ministry of 
Industry and Commerce and exporters, after the preliminary determination of injury but no 
provisional measures have yet applied, which exporters agree to eliminate dumping or subsidy to 
suspend investigati on without the application of measures.  
Elimination of dumping or subsidy shall comply as following:  
1. The Ministry of Industry and Commerce may reach the agreement with exporters in which 
exporters agree to increase the prices of dumped products or cease ex porting at dumped 
prices.  
2. The Ministry of Industry and Commerce may reach the agreement with exporters in which 
exporters agree to increase the prices of subsidized products or the government exporting 
country agrees to eliminate, or limit a subsidy or tak e other relevant measures to remedy 
the effects of subsidy.  
Elimination of dumping or subsidy aims to solely compensate the injury from dumping or subsidy to 
the domestic industry and price increases thereof shall not be higher than margin of dumping or 
amount of subsidy.  
Article 45 Agreement on  Elimination of Dumping or Subsidy  
Ministry of Industry and Commerce or exporters may propose to develop the agreement on 
elimination of dumping and subsidy.  
Ministry of Industry and Commerce may reject the developme nt of such agreement offered by 
exporters for reason of difficulty in the implementation [of the agreement] and shall provide to the 
reasons therefore to the exporters. Where exporters reject or do not accept proposal  regarding the 
development of the agree ment, Ministry of Industry and Commerce shall in no way prejudice the 
exporters ' interests and the consideration of the case.  
Article 46 Implementation of Agreement on  Elimination of Dumping or Subsidy  
Exporters from whom develop an agreement with the Mini stry of Industry and Commerce has been 
accepted to shall provide periodically information relevant to the fulfilment of such agreement and 
to permit verification of pertinent data.  In case of violation of the agreement, the investigating 
committee may use the best information available and report to Minister of Industry and Commerce 
to propose to the government to consider the application of provisional measures and continue the 
investigation.   
After the development of the agreement, the investigating commi ttee may complete the 
investigation if the exporters request or if the agreement is violated or if the Committee so decides 
due to other considerations. Upon the completion of the investigation, the investigation committee 
determines if:  
1. A negative final determination with respect to dumping or subsidy and subsequent injury 
are made, the investigating authority shall report to the Minister of Industry and Commerce 
in considering the cancellation of agreement on elimination of dumping and subsidy; sha ll 
automatically lapse, except in cases where such a determination is due in large part to an 
undertaking.  In such cases, the Committee may require that an undertaking be maintained 
for a reasonable period;  
2. An affirmative final determination with respect t o dumping or subsidy and subsequent injury 
are made, the agreement on elimination of dumping and subsidy shall continue;  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  3. An affirmative final determination is made with respect to dumping and subsequent injury 
is made in case of a violation of the agreemen t, the investigation committee may levy 
definitive duty retroactively on products entered for consumption for a period not more than 
three (3) months before the imposition of provisional measures in accordance with the rate 
determined in final investigatio n. 
CHAPTER 3 
APPLICATION OF GENER AL MEASURES  
Articl e 47 Application of General Measures  
After completion of an investigation in which the conclusion certifies that the dumping or subsidy is 
existing and has caused injury to domestic industry, the investiga ting committee shall report to the 
Minister of Industry and Commerce, who may propose to the government to consider application of 
general measures.  
After receiving a letter from the Ministry of Industry and Commerce, the government shall propose 
to the Na tional Assembly (NA), who may consider whether to increase tariff as stipulated in the final 
decision or not. The government shall consider issuing a Decision on Application of General Measures 
within fifteen (15) days and assign the Ministry of Finance to  implement.  
The Ministry of Industry and Commerce is responsible for notifying the WTO and interested parties 
of an application of general measures as soon as possible.  
A tariff rate enforced in general measures is only imposed to remove injury and shall b e equal to or 
lower than margin of dumping or amount of subsidy of exporters, unless otherwise comply with the 
agreement on elimination of dumping and subsidy as stipulated in Article 44  of this law.  
Article 48 Duration of the Application of General Measures  
The duration of the application of general measures shall not exceed five (5) years from the date of 
the government issued the Decision on Application of Measures may be extended after undertaking 
the review as stipulated in paragraph 2 of Article  49 of this law where it deems that domestic industry 
continues to suffer from the injury of dumping and subsidy.  
Article  49 Review of the Application of General Measures  
Review of the application of general measures shall be only conducted when the invest igating 
committee deems it necessary to do so or upon a request made by interested parties and shall be 
concluded within one (1) year from the date of initiation of the review.  
The review shall be conducted one (1) year before the expiry of the application  of general measures 
upon receipt of request made by interested parties when it deems that if the application of general 
measure is terminated, dumping or subsidy would be likely to continue to cause an injury to domestic 
industr y. 
The review should be car ried out wit hin one (1) year after the application of general measures in 
order to consider cancellation or adjustment of duty based on request made by interested parties 
when there is enough evidence on injury of dumping or subsid y. 
Investigating committe e shall promptly carry out the review for the exporters who did not export 
the product to Lao PDR during the period of investigation provided that these exporters or producers 
can show that they are not related to any of the exporters who are subject to ap plication of general 
measures.  No duties shall be levied on imports from such exporters while the review is being carried 
out. After the investigating committee, according to a review result, determines there is a dumping 
or subsidy in respect of such expo rters they are not related to any of the exporters who are subject 
to application of general measures, the investigating committee can levy the duties retroactively to 
the date of the initiation of the review.  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  Article  50 Refund  
The exporters of investigate d products may request for refund, where it can be demonstrated that 
the margin of dumping or amount of subsidy has been eliminated or reduced to a level which is 
below the level of duty in effect. The importer shall file a request to the invest igating co mmittee 
within six (6) months from the date of payment of that duty paymen t. The refund shall be considered 
no later than twenty (12) months and may be extended not exceed six (6) months from the date of 
receipt of application.  
The refund shall normally be made within three (3) months after the date on which the refund was 
authorized. In case the refund cannot be made within three (3) months, the investigating committee 
shall provide reasons of the delay.  
Articl e 51 Retroactive Application of Duties  
The inve stigating commit tee can propose to levy duties retroactively for a period of not more than 
three (3) months prior to the date of application of provisional measures  if: 
1. There is a history of dumping which caused injury or that the importer was, or should h ave 
been, aware that the exporter practises dumping and that such dumping would cause injury;  
2. The injury is caused by massive dumped imports of a product in a relatively short time from 
the investigation date to the date of provisional measures applied and  other relevant factors 
such as a rapid build -up of inventories of the imported product.  
In case of subsidy, [the investigating committee] shall consider only an injury caused by massive 
dumped of a product in a relatively short time.  
The retroactive application of duties shall not be imposed on imported products prior to the date of 
initiation of the investigation.  
Article  52 The Request in the Event of Dissatisfaction  
In case the interested parties dissatisfy with the decision on application of general measures as 
stipulated in Article 47, the review of general measures as stipulated in Article 49, and refund as 
stipulated in Article 50 of this law may file request to the court for consideration.  
PART VI 
PROHIBITIONS  
Article  53 General Prohibitions  
Individuals, legal entities or organizations are prohibited from:  
1. Providing assistance or protecting violators of the law and regulations on dumping and 
subsidy;  
2. Acting as an intermediary to give or accept a bribe for their own interest o r those of their 
associates, relatives, organization, or any persons;  
3. Obstructing the performance of the investigating authorities and committee;  
4. Concealing or destroying information, evidence on anti -dumping and countervailing 
activities;  
5. Undertaking othe r acts that violate the law.  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  Article  54 Prohibitions for Domestic Industry  
Domestic industry is prohibited from:  
1. Defaming importer of like products, forging, distorting, or providing false information to the 
investigating authorities and committee;  
2. Bribing  officials and relevant people involved in anti -dumping and countervailing activities;  
3. Undertaking other acts that violate the law.  
Article  55 Prohibitions for Importers and Exporters  
Importers and exporter are prohibited from:  
1. Forging, distorting, or prov iding false information to the investigating authorities and 
committee;  
2. Bribing officials and relevant people involved in anti -dumping and countervailing activities;  
3. Undertaking other acts that violate the law.  
Articl e 56 Prohibitions for Investigating Authorities and Committee and Relevant Officials  
The investigating authorities and committee and relevant officials are prohibited from:  
1. Abusing their power, duties, or positions for their own interests or those of their associates, 
relatives , organization, or any persons;  
2. Accepting bribes from domestic industry or importers;  
3. Disclosing confidential information [and] documents;  
4. Delaying the consideration of documents without any reasonable cause or withholding the 
documents of domestic industr y, importers and exporters;  
5. Conspiring with domestic industry, importers and exporters in destroying or hiding evidence;  
6. Neglecting of duties when discovery of injury to domestic industry;  
7. Undertaking other acts that violate the law.  
PART VII 
ADMINISTRATION AND I NSPECTION  
CHAPTER 1  
ADMINISTRATION OF AN TI-DUMPING AND COUNT ERVAILING ACTIVITIES  
Article  57 Administration Authorities of Anti -dumping and Countervailing Activities  
The government centrally and uniformly administers anti -dumping and cou ntervailing activities 
throughout the country by designating the Ministry of Industry and Commerce to take responsibility 
directly and lead in collaboration with the Ministry of Finance, other sectors, and relevant local 
administrations.  
Administration Aut horities of Anti -dumping and countervailing activities consist of:  
1. Ministry of Industry and Commerce;  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  2. Provincial and Vientiane Capital Division of Industry and Commerce;  
3. District, Municipal and City Offices of Industry and Commerce.  
Article  58 Rights and D uties of the Ministry of Industry and Commerce  
In the administration of anti -dumping and countervailing activities, the Ministry of Industry and 
Commerce shall have rights and duties in accordance with its responsibilities as follows:  
1. Research and develop a policy, strategic plans, and laws in order to make proposals to the 
government for consideration;  
2. Execute policy, strategic plans, laws, and regulations relating to anti -dumping and 
countervailing activities into plans, programs,  detailed projects and implementation; [them];  
3. Advocate and disseminate policy, strategic plans, laws, and regulations with regard to anti -
dumping and countervailing activities;  
4. Research and propose  the government to consider in agreeing to  or cancel the application  
of anti -dumping and countervailing measures;  
5. Issue decisions, orders, and instructions on anti -dumping and countervailing activities;  
6. Monitor and inspect implementation of law and regulations on injury from dumping and 
subsidy;  
7. Enhance, train,  appoint the  investigating authorities and committee including upgrade 
technical officers on anti -dumping and countervailing activities;  
8. Consult and coordinate with the line ministries, equivalent authorities, and other sectors and 
relevant local authorities;  
9. Coordina te, cooperate and exchanges lesson learnt with international bodies on anti -
dumping and countervailing activities;  
10. Regularly summarize and report activities regarding dumping and subsidy to the 
government;  
11. Perform other rights and duties as defined under the law.  
Articl e 59 Rights and Duties of the Provincial and Vientiane Capital Departments of 
Industry and Commerce  
In the administration of anti -dumping and countervailing activities, Provincial and Vientiane Capital 
Departments of Industry and Commerce sh all have the following rights and duties in accordance 
with their responsibilities:  
1. Execute and implement policy, strategic plans, laws, regulations, and plans with regard to 
anti-dumping and countervailing activities;  
2. Advocate and disseminate to society p olicy, strategic plans, laws, and regulations with 
regard to anti -dumping and countervailing activities;   
3. Facilitate and cooperate with the investigating authorities and committee in  implementing  
anti-dumping and countervailing activities;  
4. Receive recommen dations and notice on anti -dumping and countervailing activities from 
relevant sectors, and report to the Ministry of Industry and Commerce for consideration;  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  5. Monitor implementation of the laws and legislations relating to injury from dumping and 
subsidy;  
6. Regularly summarize and report activities regarding dumping and subsidy to the Ministry of 
Industry and Commerce and provincial authorities;  
7. Perform other rights and duties as defined under the law.  
Article  60 Rights and Duties of District, Municipal [and ] City  Offices of Industry and 
Commerce  
In the administration of anti -dumping and countervailing activities, District, Municipal [and] City 
Offices of Industry and Commerce shall have rights and duties in accordance with their 
responsibilities as follows:  
1. Implement the plans, decisions, orders, and instructions of the high authorities regarding 
anti-dumping and countervailing activities;  
2. Disseminate and implement laws and regulations with regard to anti -dumping and 
countervailing activities;  
3. Facilitate and cooperate with the investigating authorities and committee regarding injury 
from dumping and subsidy;  
4. Monitor [and] inspect implementation of laws and legislations relating to injury from 
dumping and subsidy;  
5. Regularly summarize and report activities regarding dumping and subsidy to Provincial 
Departments of Industry and Commerce and district authorities; and  
6. Perform other rights and duties as defined under the law.  
Articl e 61 Rights and Duties of Ministry of Finance  
In the administration of anti -dumping and countervailing activities, the Ministry of Finance shall have 
the following rights and duties:  
1. Keep or return the guarantee from the application of provisional measures;  
2. Withhold or return the imported products tax from t he application of provisional measures;  
3. Coordinate with the Ministry of Industry and Commerce in the research of tariff rates on 
imported products to protect dumping and subsidy;  
4. Issue decisions, orders, and instructions on keeping or returning the guarant ee from the 
application of provisional measures and leverage tariff imposed from the application of 
general measures;  
5. Regularly summarize and report activities regarding anti -anti-dumping and countervailing 
within its scope of rights and responsibilities t o the government;  
6. Perform other rights and duties as defined under the law.  
Articl e 62 Rights and Duties of Other Sectors and Relevant Local Administrations  
Other sectors and relevant local administrations shall have the rights and duties to cooperate, 
provide information, and coordinate with the industry and commerce sector in implementing anti -
anti-dumping and countervailing activities according to their roles and scope of responsibilities.  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  CHAPTER 2  
INSPECTION OF ANTI -DUMPIN G AND COUNTERVAILING  ACTIVITIE S 
Articl e 63 Inspection of Anti -Dumping and Countervailing Activities  
Inspection of anti -dumping and countervailing authorities consist of:  
1. Internal inspection authorities, which are the same as anti -dumping and countervailing 
administration authorities as  defined in Article 51 of this law;  
2. External inspection authorities including the National Assembly, Provincial People 
Assemblies, Government Inspection Authority, Government Inspection Agencies, State Audit 
Organization, Lao Front for National Constructio n, mass organizations and the media are 
inspectors of the implementation of anti-dumping and countervailin g activities according to 
their own roles, rights, and duties.  
Articl e 64 Contents of Anti -Dumping and Countervailing Activities Inspections  
Anti-dumping and countervailing activities inspections consist of the following:  
1. Implementation of policy, strategic plans, laws, and regulations relating to anti -dumping and 
countervailing activities;  
2. Organization and the activities of anti-dumping and countervailing activities administration 
authorities; and  
3. Responsibilities, behaviors, and working methods of the staff, investigating authorities, and 
committee.  
Articl e 65 Forms of Anti -Dumping and Countervailing Activities Inspection  
The forms of anti -dumping and countervailing activities inspection are as follows:  
1. Regular inspection refers to an inspection that is carried out in accordance with laws or plans, 
and in a certain period of time;  
2. Inspection with prior notice refers to an ad hoc inspection, deemed as necessary, carried out 
by informing the inspected person at least twenty -four hours in advance;  
3. Sudden inspections refer to an urgent inspection without informing the inspected person in 
advance.  
PART VIII  
AWARDS AND SANCTIONS  
Article 66 Award Policies  
Individuals, legal entities, or organizations with remarkable accomplishments in implementing this 
law shall be awarded merits or other recognitions according to regulations.  
Article 67 Measures against Violators  
Individuals, legal e ntities, or organizations that violate this law shall be subject to education, 
warning, disciplinary action, fines, civil compensation, or criminal punishment as the case may be.  G/ADP/N/1/LAO/2 • G/SCM/N/1/LAO/1  
 
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  PART IX  
FINAL PROVISIONS  
Article 68 Implementation  
The Government of the Lao PDR shall implement this law.  
Article 69 Effectiveness  
This law shall be effective after the President of the Lao PDR issues the Promulgating Decree and 
fifteen days after its publication in the official gazette.  
Regulations and provisions that contradict this law are hereby repealed.  
 
President of the National Assembly  
 
__________  