Article 16. Establishment of material damage to a branch of the economy of the Member States, the threat of causing such damage or a significant slowdown in the creation of a branch of the economy of the Member States due to dumping imports of the Law on Special Protective, Antidumping and Countervailing Measures in Relation to Third Countries

Home / RLA / Article 16. Establishment of material damage to a branch of the economy of the Member States, the threat of causing such damage or a significant slowdown in the creation of a branch of the economy of the Member States due to dumping imports of the Law on Special Protective, Antidumping and Countervailing Measures in Relation to Third Countries

Article 16. Establishment of material damage to a branch of the economy of the Member States, the threat of causing such damage or a significant slowdown in the creation of a branch of the economy of the Member States due to dumping imports of the Law on Special Protective, Antidumping and Countervailing Measures in Relation to Third Countries

1. Material damage to a branch of the economy of the Member States, the threat of causing such damage or a significant slowdown in the creation of a branch of the economy of the Member States due to dumped imports shall be established on the basis of the results of an analysis of the volume of dumped imports and the impact of such imports on the prices of similar goods on the market of the Member States and on producers of similar goods in the Member States.

2. The investigation period, during which information is analyzed in order to determine whether there is material damage to the economic sector of the Member States, the threat of such damage or a significant slowdown in the creation of the economic sector of the Member States due to dumping imports, is established by the investigating authority.

3. When analyzing the volume of dumped imports, the investigating authority determines whether there has been a significant increase in dumped imports of the goods being investigated (in absolute terms or relative to the production or consumption of similar goods in the Member States).

4. When analyzing the impact of dumping imports on the prices of similar goods on the market of the Member States, the investigating authority shall establish:

1) whether the prices of the goods that are the subject of dumped imports were significantly lower than the prices of similar goods on the market of the Member States;

2) has dumping imports led to a significant reduction in the prices of similar goods on the market of the Member States;

3) whether dumping imports significantly prevented the price increase of a similar product on the market of the Member States, which would have occurred in the absence of such imports.

5. If the subject of several simultaneous investigations is the import of goods into the customs territory of the Eurasian Economic Union from more than one exporting third country, the investigating authority may assess the cumulative impact of such imports only if it determines the following:

1) the dumping margin determined in respect of imports of goods under investigation from each exporting third country exceeds the minimum allowable dumping margin, and the volume of imports of these goods from each exporting third country is not insignificant, taking into account the provisions of paragraph 2 of Article 34 of this Law;

2) the assessment of the cumulative impact of imports of goods is possible taking into account the conditions of competition between imported goods and the conditions of competition between imported goods and similar goods produced in the Member States.

6. The analysis of the impact of dumped imports on the economic sector of the Member States consists in assessing all economic factors relevant to the state of the economic sector of the Member States, including:

1) the degree of recovery of the economic situation of the branch of the economy of the Member States after the impact on it of previously dumped or subsidized imports;

2) the reduction of production, sales of goods, their market share in the Member States, profits, productivity, income from attracted investments or the use of production facilities that has occurred or is possible in the future;

3) factors affecting the prices of goods on the market of the Member States;

4) the size of the dumping margin;

5) the negative impact that has occurred or is possible in the future on the growth rate of production of goods, stocks of goods, employment, wages, the possibility of attracting investments and financial condition.

At the same time, none or several factors can be decisive for determining material damage to a branch of the economy of the Member States, the threat of causing such damage, or a significant slowdown in the creation of a branch of the economy of the Member States due to dumping imports.

7. The conclusion that there is a causal relationship between dumped imports and material damage to the economic sector of the Member States, the threat of such damage or a significant slowdown in the creation of the economic sector of the Member States should be based on an analysis of all evidence and information relevant to the case and available to the investigating authority.

8. In addition to dumping imports, the investigating authority also analyzes other known factors that cause material damage to a branch of the economy of the Member States during the same period, create a threat of such damage, or significantly slow down the creation of a branch of the economy of the Member States.

Factors that may be considered relevant include, in particular, the volume and prices of imported goods not sold at dumping prices, reduced demand or changes in consumption patterns, restrictive trade practices, technological advances, as well as export performance and productivity of the Member States' economic sectors.

Damage caused as a result of these factors to a branch of the economy of the member States should not be attributed to material damage to a branch of the economy of the member States, the threat of such damage, or a significant slowdown in the creation of a branch of the economy of the Member States due to dumping imports into the customs territory of the Eurasian Economic Union.

9. The impact of dumping imports on the economic sector of the Member States is assessed in relation to the production of similar goods in the Member States, if the available data allow us to identify the production of similar goods based on criteria such as the production process, the sale of similar goods by its manufacturers and profit.

If the available data do not allow us to single out the production of a similar product, the impact of dumping imports on the economic sector of the Member States is assessed in relation to the production of the narrowest group or range of goods that include a similar product and for which the necessary data is available.

10. When determining the threat of material damage to the economic sector of the Member States as a result of dumping imports, the investigating authority takes into account all available factors, including the following:

1) the growth rate of dumped imports, indicating the real possibility of a further increase in such imports;

2) the exporter of the goods that are the subject of dumped imports has sufficient export opportunities or the obvious inevitability of their increase, which indicate the real possibility of increasing dumped imports of this product, taking into account the ability of other export markets to accept any additional exports of this product;

3) the price level of the product being investigated, if such a price level may lead to a decrease or restraint in the price of a similar product on the market of the Member States and a further increase in demand for the product being investigated.;

4) the exporter has stocks of the goods that are the subject of the investigation.

11. The decision on the threat of material damage to the economic sector of the Member States is taken if, during the investigation, based on the analysis of the factors specified in paragraph 10 of this article, the investigating authority has concluded that the continuation of dumping imports is inevitable and that such imports will cause material damage to the economic sector of the Member States in the event of failure to take anti-dumping measures. measures.

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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