Article 17. Introduction of a preliminary anti-dumping duty The Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

Home / RLA / Article 17. Introduction of a preliminary anti-dumping duty The Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

1. If the information received by the investigating authority, prior to the completion of the investigation, indicates the presence of dumped imports and the resulting damage to the economic sector of the Member States, on the basis of the report of the investigating authority containing a preliminary conclusion, a decision is made to apply an anti-dumping measure by imposing a preliminary anti-dumping duty.

2. Before the Commission makes a decision on the introduction of a preliminary anti-dumping duty, the authorized body shall coordinate with the interested state bodies of the Republic of Kazakhstan a proposal on the introduction of a preliminary anti-dumping duty prepared by the investigating body on the basis of a preliminary conclusion.

3. A preliminary anti-dumping duty may not be imposed earlier than sixty calendar days after the start date of the investigation.

4. The rate of the preliminary anti-dumping duty should be sufficient to eliminate damage to the economic sector of the Member States, but not higher than the previously calculated dumping margin.

5. If the rate of the preliminary anti-dumping duty is equal to the amount of the pre-calculated dumping margin, the period of validity of the preliminary anti-dumping duty should not exceed four months, except if this period is extended to six months on the basis of a request from exporters, whose share in the volume of dumped imports of the goods under investigation is the majority.

6. If the rate of the preliminary anti-dumping duty is less than the previously calculated dumping margin, the period of validity of the preliminary anti-dumping duty should not exceed six months, except if this period is extended to nine months on the basis of a request from exporters, whose share in the volume of dumped imports of the goods under investigation is a large part.

7. If, based on the results of the investigation, the investigating authority finds that there are no grounds for imposing an anti-dumping measure, or a decision has been taken not to apply an anti-dumping measure in accordance with Article 42 of this Law, the amounts of the preliminary anti-dumping duty shall be refunded to the payer in accordance with the laws of the Republic of Kazakhstan.

8. If, as a result of the investigation, a decision has been taken to apply an anti-dumping measure based on the threat of material damage to the economic sector of the Member States or a significant slowdown in the creation of the economic sector of the Member States, the amounts of the preliminary anti-dumping duty shall be refunded to the payer in accordance with Article 6 of this Law.

9. If, as a result of the investigation, it is decided to apply an anti-dumping measure based on the existence of material damage to the economic sector of the Member States or the threat of its infliction (provided that failure to impose a preliminary anti-dumping duty would lead to the determination of the existence of material damage to the economic sector of the Member States), The amounts of the preliminary anti-dumping duty from the date of entry into force of the decision on the application of the anti-dumping measure shall be credited and distributed in accordance with Article 6 of this Law, subject to the provisions of paragraphs 10 and 11 of this Article.

10. If, as a result of the investigation, it is deemed appropriate to impose a lower rate of anti-dumping duty than the rate of the preliminary anti-dumping duty, the amounts of the preliminary anti-dumping duty corresponding to the amount of the anti-dumping duty calculated at the established rate of the anti-dumping duty shall be credited and distributed in accordance with Article 6 of this Law.

The amounts of the preliminary anti-dumping duty exceeding the amount of the anti-dumping duty calculated at the established anti-dumping duty rate are subject to refund to the payer in accordance with the laws of the Republic of Kazakhstan.

11. If, as a result of the investigation, it is deemed appropriate to impose a higher rate of anti-dumping duty than the rate of the preliminary anti-dumping duty, the difference between the amounts of the anti-dumping duty and the preliminary anti-dumping duty will not be charged.

12. The preliminary anti-dumping duty is applied subject to the simultaneous continuation of the investigation.

13. The decision to impose a preliminary anti-dumping duty is usually taken no later than seven months from the date of the start of 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.

President

Republic of Kazakhstan

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