Article 19. Introduction and application of anti-dumping duties The Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

Home / RLA / Article 19. Introduction and application of anti-dumping duties The Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

1. An anti-dumping duty is applied to goods that are supplied by all exporters and are the subject of dumped imports that damage the economic sector of the Member States, with the exception of goods supplied by those exporters whose price obligations have been approved in accordance with Article 18 of this Law.

2. Before the Commission makes a decision on the introduction of an anti-dumping duty, the authorized body coordinates with the interested state bodies of the Republic of Kazakhstan a proposal on the introduction of an anti-dumping duty prepared by the body conducting the investigation.

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

The Commission may decide to impose an anti-dumping duty in an amount less than the calculated dumping margin, if such an amount is sufficient to eliminate damage to the economic sector of the Member States.

4. The individual amount of the anti-dumping duty rate is established in respect of goods supplied by each exporter or manufacturer of goods that are the subject of dumped imports, for which an individual dumping margin has been calculated.

5. In addition to the individual anti-dumping duty rate specified in paragraph 4 of this article, a single anti-dumping duty rate is established for goods supplied by all other exporters or producers of goods from an exporting third country for which an individual dumping margin has not been calculated, based on the highest dumping margin calculated during the investigation.

6. An anti-dumping duty may be applied to goods placed under customs procedures, the condition for which is the payment of anti-dumping duties, no earlier than ninety calendar days before the date of the introduction of the preliminary anti-dumping duty, if, according to the results of an investigation by the investigating authority, the following is simultaneously established in respect of this product:

1) previously, there were dumped imports that caused damage, or the importer knew or should have known that the exporter was supplying the goods at a price below their normal value and that such imports of the goods could damage the economic sector of the member States;

2) damage to the economic sector of the member States has been caused by significantly increased dumped imports over a relatively short period of time, which, taking into account the duration and volume, as well as other circumstances (including the rapid growth of stocks of imported goods), can significantly reduce the recovery effect of the introduction of anti-dumping duties, provided that importers of this product before the completion of The investigation has been given the opportunity to comment.

7. After the start date of the investigation, the body conducting the investigation shall post a notification on the Internet resource of the Eurasian Economic Union containing a warning about the possible application of an anti-dumping duty in accordance with paragraph 6 of this article in respect of the goods that are the subject of the investigation.

The decision to post such a notification shall be taken by the investigating authority at the request of the economic sector of the Member States, which contains sufficient evidence of compliance with the conditions specified in paragraph 6 of this Article, or on its own initiative, if such evidence is available to the investigating authority.

An anti-dumping duty may not be applied to goods placed under customs procedures, the condition for which is the payment of anti-dumping duties, until the date of posting the notification specified in this paragraph.

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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