Article 18. Acceptance by the exporter of the goods under investigation of the price obligations of the Law on Special Protective, Anti-Dumping and Countervailing Measures in relation to Third Countries

     1. The investigation is suspended or terminated by the investigating authority without imposing a preliminary anti-dumping duty or anti-dumping duty upon receipt of written price obligations from the exporter of the goods under investigation to review the prices of these goods or to stop exporting them to the customs territory of the Eurasian Economic Union at prices below their normal value (if there are any related statements of these persons in support of these obligations are also required in the Member States), if the authority, The investigating authority will conclude that accepting these obligations will eliminate the damage caused by dumping imports, and a decision will be made to approve them.

     According to these obligations, the price level of the goods should not be higher than it is necessary to eliminate the dumping margin.

     An increase in the price of goods may be less than the dumping margin, if such an increase is sufficient to eliminate damage to the economic sector of the Member States.

     2. A decision on the approval of price obligations is not taken until the investigating authority comes to a preliminary conclusion about the presence of dumped imports and the resulting damage to the economic sector of the Member States.

     3. Prior to the Commission's decision on the approval of price obligations, the authorized body shall coordinate with the interested state bodies of the Republic of Kazakhstan a proposal on the approval of price obligations specified in paragraph 1 of this Article, prepared by the body conducting the investigation on the basis of a preliminary conclusion.

     4. A decision to approve price commitments shall not be taken if the investigating authority concludes that their approval is unacceptable due to the large number of actual or potential exporters of the product being investigated, or for other reasons.

     The investigating authority, whenever possible, informs exporters of the reasons why the approval of their price commitments was considered unacceptable, and provides them with the opportunity to comment in this regard.

     The investigating authority sends a request to each exporter who has accepted price commitments to provide their non-confidential version in order to be able to provide it to interested parties.

     5. The investigating authority may propose price commitments to exporters, but may not require them to be accepted.

     6. If a decision is made to approve price obligations, the anti-dumping investigation may be continued at the request of the exporter of the goods or by decision of the investigating authority. If, as a result of the investigation, the investigating authority concludes that there is no dumping of imports or resulting damage to the economic sector of the Member States, the exporter who has accepted price obligations is released from such obligations, except in the case when the said conclusion is largely the result of the existence of such obligations. If the conclusion reached is largely the result of the existence of price obligations, it is decided that such obligations should remain in force for the required period of time, taking into account the provisions of paragraph 2 of Article 20 of this Law.

     7. If, based on the results of the investigation, the investigating authority concludes that there are dumped imports and the resulting damage to the economic sector of the Member States, the price obligations assumed by the exporter shall continue to operate in accordance with their terms and conditions and the provisions of this Law.

     8. The body conducting investigations has the right to request from the exporter, whose price obligations have been approved, information concerning their fulfillment, as well as consent to verify this information.

     Failure to provide the requested information within the time limit set by the investigating authority, as well as failure to verify this information, is considered a violation of the assumed price obligations by the exporter.

     9. In cases of violation or withdrawal of price obligations by the exporter, a decision is made to apply an anti-dumping measure by imposing a preliminary anti-dumping duty (if the investigation has not yet been completed) or an anti-dumping duty (if the final results of the investigation indicate that there are grounds for its introduction).

     In case of violation of accepted price obligations, the exporter is given the opportunity to comment on such violation.

     10. The decision on the approval of price obligations must specify the rate of the preliminary anti-dumping duty or anti-dumping duty that may be imposed in accordance with paragraph 9 of this article.

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     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

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