Article 11. Validity period and revision of the special Protective measure of the Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

Home / RLA / Article 11. Validity period and revision of the special Protective measure of the Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

1. The period of validity of a special protective measure shall not exceed four years, except in the case of an extension of the period of validity of such measure in accordance with paragraph 2 of this article.

2. The period of validity of the special protective measure referred to in paragraph 1 of this article may be extended by a decision of the Commission if, based on the results of a repeated investigation conducted by the investigating authority, it is established that in order to eliminate serious damage to the economic sector of the Member States or the threat of its infliction, an extension of the period of validity of the special protective measure is necessary and evidence is available that the relevant sector of the economy of the Member States is taking measures to facilitate the adaptation of this industry to changing economic conditions.

3. When the Commission decides to extend the validity of a special protective measure, such a measure may not be more restrictive than the special protective measure in force on the date of the decision.

4. If the period of validity of a special protective measure exceeds one year, the Commission shall gradually mitigate such special protective measure at regular intervals during its period of validity.

If the period of validity of a special protective measure exceeds three years, no later than half of the period of validity of such measure, the investigating authority shall conduct a second investigation, as a result of which the special protective measure may be retained, mitigated or canceled.

For the purposes of this article, mitigation of a special protective measure means an increase in the volume of an import quota or a special quota, or a reduction in the rate of a special duty.

5. The total period of validity of the special protective measure, including the period of validity of the preliminary special fee and the period for which the special protective measure is extended, should not exceed eight years.

6. A special protective measure may not be re-applied to a product to which a special protective measure was previously applied for a period equal to the period of validity of the previous special protective measure. In this case, the period during which a special protective measure is not applied may not be less than two years.

7. A special protective measure, the validity period of which is not more than one hundred and eighty days, regardless of the provisions established by paragraph 6 of this article, may be re-applied to the same product if at least one year has passed since the date of the introduction of the previous special protective measure and the special protective measure has not been applied to such product more than twice. during the five years preceding the date of introduction of the new special protective measure.

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.

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Republic of Kazakhstan

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