Article 13. Determination of dumping margin The Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

Home / RLA / Article 13. Determination of dumping margin The Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

1. The dumping margin is determined by the investigating authority on the basis of a comparison:

1) the weighted average normal cost of the product with the weighted average export price of the product;

2) the normal cost of the goods for individual transactions with the export prices of the goods for individual transactions;

3) the weighted average normal cost of the goods with the export prices of the goods for individual transactions, subject to significant differences in the price of the goods depending on the buyers, regions or the period of delivery of the goods.

2. The comparison of the export price of goods with their normal value is carried out at the same stage of the trade operation and in relation to cases of sale of goods that took place, if possible, at the same time.

3. When comparing the export price of a product with its normal value, they are adjusted taking into account differences affecting price comparability, including differences in supply conditions and characteristics, taxation, stages of trade operations, quantitative indicators, physical characteristics, as well as any other differences for which evidence of their impact on price comparability is provided.

The investigating authority makes sure that adjustments based on these differences do not duplicate each other and thus do not distort the result of comparing the export price with the normal value of the goods. The investigating authority has the right to request from interested parties the information necessary to ensure a proper comparison of the export price of the goods with their normal value.

4. If there are no transactions for the purchase and sale of similar goods in the normal course of trade on the market of the exporting third country, either due to the low volume of sales of similar goods in the normal course of trade or due to the special situation on the market of the exporting third country, it is impossible to properly compare the export price of the goods with the price of similar goods sold on the market of the exporting third country, the export price of the product is compared with the comparable price of a similar product imported from an exporting third country to another third country (provided, that the price of a similar product is representative), or with the costs of producing the product in its country of origin, taking into account the necessary administrative, trade and general costs and profits.

5. If the goods are imported into the customs territory of the Eurasian Economic Union from a third country other than its country of origin, the export price of such goods is compared with the comparable price of a similar product on the market of the third country. The export price of a product may be compared with the comparable price of a similar product in its country of origin, if this product is only being shipped through a third country from which it is exported to the customs territory of the Eurasian Economic Union, or its production is not carried out in this third country, or there is no comparable price of a similar product.

6. If, when comparing the export price of a product with its normal value, it is necessary to recalculate their values from one currency to another, such recalculation is carried out using the official exchange rate on the day of sale of the product.

In the event that the sale of foreign currency was directly related to the corresponding export of goods and was carried out for a period of time, the exchange rate used for the sale of currency for a period of time is used. The investigating authority does not take into account fluctuations in exchange rates and, during the investigation, provides exporters with at least sixty calendar days to adjust their export prices, taking into account steady changes in exchange rates during the investigation period.

7. The investigating authority, as a rule, determines an individual dumping margin for each known exporter and (or) producer of goods who have provided the necessary information to determine the individual dumping margin.

8. If the investigating authority comes to the conclusion that it is unacceptable to determine the individual dumping margin for each known exporter and/or producer of the product because of the total number of exporters, producers or importers of the product, the variety of the product, or for any other reason, it may use the limitation of the definition of the individual dumping margin based on acceptable the number of interested parties or determine the dumping margin in relation to the sample of goods from each exporting third country, which, according to the information available to the investigating authority, is statistically representative and can be examined without disrupting the course of the investigation.

The selection of interested parties in order to limit the determination of individual dumping margins is carried out by the investigating authority, preferably in consultation with the relevant foreign exporters, manufacturers and importers of the goods under investigation and with their consent.

If the investigating authority uses a restriction in accordance with this paragraph, it shall also determine an individual dumping margin for each foreign exporter or foreign producer who was not initially selected but provided the necessary information to determine the individual dumping margin within the time limit set for their consideration, except in cases where when the number of foreign exporters and/or foreign manufacturers is so large, that an individual review may lead to a violation by the investigating authority of the deadline for conducting the relevant investigation.

The voluntarily submitted responses of such foreign exporters and/or foreign producers should not be rejected by the investigating authority.

9. In the event that the investigating authority uses a restriction on determining the individual dumping margin in accordance with paragraph 8 of this article, the amount of the dumping margin calculated in respect of foreign exporters or foreign producers of goods that are the subject of dumped imports who have not been selected to determine the individual dumping margin, but who provided the necessary information during the investigation within the time limit for This period should not exceed the size of the weighted average dumping margin., defined in relation to foreign exporters or foreign producers of goods that are the subject of dumped imports selected for determining the individual dumping margin.

10. If the exporters or producers of the goods being investigated do not provide the requested information to the investigating authority in the required form and within the prescribed time frame, or the information provided by them cannot be verified or does not correspond to reality, the investigating authority may determine the dumping margin based on other information available to it.

11. In addition to determining the individual dumping margin for each known exporter and/or producer of goods that have provided the necessary information to determine the individual dumping margin, the investigating authority may determine a single dumping margin for all other exporters and/or producers of the goods under investigation based on the highest dumping margin determined in the during the investigation.

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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