Article 1. The basic concepts used in this Law are the Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries.

Home / RLA / Article 1. The basic concepts used in this Law are the Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries.

The following basic concepts are used in this Law:

1) preliminary special duty is a duty applied when importing goods into the customs territory of the Eurasian Economic Union, in respect of which the investigating authority has prepared a preliminary conclusion during the investigation on the presence of increased imports that have caused or threaten to cause serious damage to the economic sector of the member states.;

2) preliminary anti–dumping duty is a duty applied when importing goods into the customs territory of the Eurasian Economic Union, in respect of which, during the investigation, the investigating authority prepared a preliminary conclusion on the presence of dumped imports and the resulting material damage to the economic sector of the member states, the threat of its infliction or a significant slowdown in the creation of the economic sector of the member States.;

3) preliminary countervailing duty is a duty applied when importing goods into the customs territory of the Eurasian Economic Union, in respect of which the investigating authority has prepared a preliminary conclusion during the investigation on the presence of subsidized imports and the resulting material damage to the economic sector of the member states, the threat of its infliction or a significant slowdown in the creation of the economic sector of the member States.;

4) the preceding period is three calendar years immediately preceding the date of filing an application for an investigation, for which the necessary statistical data are available.;

5) special duty is a duty that is applied upon the introduction of a special protective measure and is levied by the customs authorities of the Member States regardless of the import customs duty.;

6) special quota is the establishment of a certain volume of imports of goods into the customs territory of the Eurasian Economic Union, within which the goods are delivered to the customs territory of the Eurasian Economic Union without payment of a special duty, and over which – with payment of a special duty;

7) special protective measure is a measure to limit increased imports of goods into the customs territory of the Eurasian Economic Union, which is applied by decision of the Eurasian Economic Commission through the introduction of an import quota, special quota or special duty, including a preliminary special duty;

8) related persons – persons who meet one or more of the following criteria:

Each of these persons is an employee or head of an organization created with the participation of another person.;

They are business partners, that is, they are bound by contractual relations, act in order to make a profit and jointly bear the costs and losses associated with the implementation of joint activities.;

They are employers and employees of the same organization.;

any person directly or indirectly owns, controls, or is a nominee holder of five percent or more of the voting shares or shares of both persons;

one of the persons directly or indirectly controls the other person;

both persons are directly or indirectly controlled by a third party;

both persons together directly or indirectly control a third party;

they are in a marital relationship, a relationship of kinship or property, an adoptive parent or adopted child, as well as a trustee and ward;

9) anti–dumping duty is a duty that is applied when an anti-dumping measure is imposed and is levied by the customs authorities of the Member states regardless of the import customs duty.;

10) anti–dumping measure is a measure to counteract dumping imports, which is applied by decision of the Eurasian Economic Commission through the introduction of anti-dumping duties, including preliminary anti-dumping duties, or approval of price commitments made by the exporter.;

11) dumping margin is the percentage ratio of the normal value of the product minus the export price of this product to its export price, or the difference between the normal value of the product and its export price, expressed in absolute terms;

12) indirect control is the ability of an individual or legal entity to determine decisions made by a legal entity through an individual or legal entity or through several legal entities between which there is direct control.;

13) The Eurasian Economic Commission (hereinafter referred to as the Commission) is a supranational body operating within the limits of its powers provided for in accordance with the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated October 14, 2014 "On Ratification of the Treaty on the Eurasian Economic Union" (hereinafter referred to as the Treaty on the Eurasian Economic Union), and international agreements within the framework of the Eurasian Economic Union;

14) import quota is a restriction on the import of goods into the customs territory of the Eurasian Economic Union with respect to their quantity and (or) value.;

15) confidential information – information of limited access containing commercial and other legally protected secrets, with the exception of state secrets;

16) member States – states that are members of the Eurasian Economic Union and the parties The Treaty on the Eurasian Economic Union;

17) branch of the economy of the Member States - all producers of similar goods (for the purposes of anti–dumping and countervailing investigations) or similar or directly competing goods (for the purposes of a special protective investigation) in the Member States, or those of them whose share in the total production in the Member States, respectively, of similar goods or similar or directly competing The product is a significant part, but not less than twenty-five percent;

18) threat of causing serious damage to the economic sector of the Member States - the inevitability of causing serious damage to the economic sector of the Member States, confirmed by evidence;

19) serious damage to the economic sector of the Member States is a general deterioration of the situation, confirmed by evidence and related to the production of similar or directly competing goods in the Member States, which is expressed in a significant deterioration in the production, trade and financial situation of the economic sector of the Member States and is determined, as a rule, for the previous period;

20) material damage to the economic sector of the member States is a deterioration in the economic sector of the member States, confirmed by evidence and which can be expressed, in particular, in a reduction in the volume of production of similar goods in the member States and the volume of its sale on the market of the member States, a decrease in the profitability of the production of goods, as well as a negative impact on inventories, employment, the level of wages in a given sector of the economy of the Member States and the level of investment in a given sector of the economy of the Member States;

21) threat of causing material damage to the economic sector of the Member States - the inevitability of causing material damage to the economic sector of the Member States, confirmed by evidence;

22) countervailing duty – a duty that is applied upon the introduction of a countervailing measure and is levied by the customs authorities of the Member States regardless of the import customs duty.;

23) countervailing measure – a measure to neutralize the impact of a specific subsidy from an exporting third country on a branch of the economy of the member States, applied by decision of the Commission by imposing a countervailing duty (including a preliminary countervailing duty) or approving voluntary commitments made by the authorized body of the subsidizing third country or the exporter.;

24) the usual course of trade is the purchase and sale of a similar product on the market of an exporting third country at a price not lower than its weighted average cost, determined on the basis of weighted average production costs and weighted average trade, administrative and total costs;

25) subsidized import – the import into the customs territory of the Eurasian Economic Union of goods, in the production, export or transportation of which a specific subsidy of the exporting third country was used;

26) subsidizing body – a state body or a local government body of an exporting third country or a person acting on behalf of the relevant state body or local government body or authorized by the relevant state body or local government body in accordance with a legal act or based on factual circumstances;

27) the authorized body in the field of foreign trade (hereinafter referred to as the authorized body) is the central executive body responsible for the management, as well as, within the limits provided for by the legislation of the Republic of Kazakhstan, intersectoral coordination in the field of regulation of foreign trade;

28) investigation – a procedure carried out by the body conducting investigations, preceding the introduction of special protective, anti-dumping and countervailing measures;

29) the body conducting investigations is the body designated by the Commission responsible for conducting special protective, anti–dumping and countervailing investigations in the customs territory of the Eurasian Economic Union.;

30) payers – persons defined in accordance with the Code of the Republic of Kazakhstan "On Customs Regulation in the Republic of Kazakhstan";

31) direct control is the ability of an individual or a legal entity to determine decisions made by a legal entity by performing one or more of the following actions:

exercising the functions of its executive body;

obtaining the right to determine the business conditions of a legal entity;

disposal of more than five percent of the total number of votes attributable to shares (stakes) constituting the authorized capital of a legal entity;

32) a directly competing product is a product comparable to a product that is or may become the object of a special protective investigation (re-investigation), according to its purpose, application, qualitative and technical characteristics, as well as other basic properties in such a way that the buyer replaces or is ready to replace the product in the process of consumption, which is or may become the subject of an investigation (re-investigation);

33) a similar product is a product that is completely identical to a product that is or may become the object of investigation (re–investigation), or in the absence of such a product, another product with characteristics similar to those of a product that is or may become the object of investigation (re–investigation);

34) third countries – countries and (or) associations of countries that are not members The Treaty on the Eurasian Economic Union, as well as territories included in the classification of countries of the world, approved by the Commission;

35) export price – the price that is paid or must be paid when goods are imported into the customs territory of the Eurasian Economic Union.

The Law of the Republic of Kazakhstan on June 8, 2015 No. 316-V SAM.

This Law regulates public relations related to the application of special protective, anti-dumping and countervailing measures in relation to third countries in order to protect the economic interests of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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