Article 14. Determination of the normal value of goods of the Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

Home / RLA / Article 14. Determination of the normal value of goods of the Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

1. The normal value of the goods is determined by the investigating authority on the basis of the prices of similar goods when they are sold during the investigation period on the domestic market of the exporting third country in the normal course of trade to buyers who are not related to producers and exporters who are residents of this third country for use in the customs territory of the exporting third country.

In order to determine the normal value, the prices of a similar product may be taken into account when it is sold on the domestic market of an exporting third country to buyers who are related parties to manufacturers and exporters who are residents of this third country, if it is established that this relationship does not affect the pricing policy of a foreign manufacturer and (or) exporter.

2. The volume of sales of similar goods in the normal course of trade in the domestic market of the exporting third country is considered sufficient to determine the normal value of the goods if this volume is at least five percent of the total volume of exports of goods to the customs territory of the Eurasian Economic Union from the exporting third country.

A lower volume of sale of a similar product in the normal course of trade is considered acceptable for determining the normal value of the product if there is evidence that such a volume is sufficient to ensure a proper comparison of the export price of the product with the price of a similar product in the normal course of trade.

3. When determining the normal value of goods in accordance with paragraph 1 of this article, the price of goods sold to buyers in the domestic market of an exporting third country is the weighted average price at which a similar product was sold to buyers during the investigation period, or the price of goods for each individual sale to buyers during this period.

4. The sale of a similar product on the domestic market of an exporting third country or from an exporting third country to another third country at prices below the cost of production of a unit of a similar product, taking into account administrative, trade and general costs, may not be taken into account when determining the normal value of the product only if the investigating authority determines that such a sale is carried out in The investigation period is significant and at prices that do not cover all costs during this period.

5. If the price of a similar product, which at the time of its sale is lower than the cost of production of a unit of a similar product, taking into account administrative, trade and total costs, exceeds the weighted average cost of production of a unit of goods, taking into account administrative, trade and total costs during the investigation period, such price is considered as providing reimbursement of all costs during the investigation period.

6. The sale of a similar product at prices below the cost of production of a unit of a similar product, taking into account administrative, trade and total costs, is considered to be carried out in a significant volume if the weighted average price of a similar product for transactions taken into account in determining the normal cost of the product is lower than the weighted average cost of production of a unit of a similar product, taking into account administrative, trade and total costs, or the volume of sales at prices below this cost, it is at least twenty percent of the sales volume for transactions., taken into account when determining the normal value of the product.

7. The cost of production of a unit of a similar product, taking into account administrative, trade and general costs, is calculated on the basis of data provided by the exporter or manufacturer of the product, provided that such data comply with generally accepted accounting principles and rules in the exporting third country and fully reflect the costs associated with the production and sale of goods.

8. The investigating authority shall take into account all evidence at its disposal of the correctness of the allocation of production costs, administrative, trade and total costs, including data provided by the exporter or manufacturer of the goods under investigation, provided that such allocation of costs is usually practiced by that exporter or manufacturer of the goods, in particular with regard to the establishment of the corresponding period of depreciation, deductions for capital investments and other costs for the development of production.

9. Production costs, administrative, trade and general costs are adjusted to take into account one-time costs associated with the development of production, or circumstances in which the costs during the investigation are affected by operations carried out during the organization of production. Such adjustments should reflect costs at the end of the production organization period, and if the production organization period exceeds the investigation period, for the latest stage of production organization during the investigation period.

10. The total quantitative indicators of administrative, trade, and total costs and profits specific to a given branch of the economy are determined based on actual data on the production and sale of similar goods in the normal course of trade provided by the exporter or manufacturer of the goods that are the subject of dumped imports.

If such total quantitative indicators cannot be determined in the specified way, they can be determined based on:

1) the actual amounts received and spent by the exporter or manufacturer of the goods under investigation in connection with the production and sale of the same category of goods on the domestic market of the exporting third country;

2) the weighted average actual amounts received and spent in connection with the production and sale of similar goods on the domestic market of the exporting third country by other exporters or manufacturers of such goods;

3) another method, provided that the amount of profit determined in this way does not exceed the profit usually earned by other exporters or producers of the same category of goods when they are sold on the domestic market of the exporting third country.

11. In the case of dumped imports from an exporting third country, in which prices on the domestic market are regulated directly by the state or there is a state monopoly on foreign trade, the normal value of the goods can be determined based on the price or calculated value of a similar product in a suitable third country (comparable for the purposes of investigation with the specified exporting third country) or the price of a similar product upon delivery from such a third country for export. If it is not possible to determine the normal value of the goods in accordance with this paragraph, the normal value of the goods may be determined on the basis of the price paid or payable for a similar product in the customs territory of the Eurasian Economic Union and adjusted for profit.

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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