Article 20. Validity period and revision of the anti-dumping measure of the Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

Home / RLA / Article 20. Validity period and revision of the anti-dumping measure of the Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

1. An anti-dumping measure is applied in the amount and for the period necessary to eliminate damage to the economic sector of the Member States as a result of dumped imports.

2. The period of validity of an anti-dumping measure shall not exceed five years from the date of commencement of the application of such measure or completion of a re-investigation, which was conducted in connection with changed circumstances and at the same time concerned the analysis of dumped imports and the damage caused by them to the economic sector of the Member States or was conducted in connection with the expiration of the anti-dumping measure.

3. A repeat investigation in connection with the expiration of an anti-dumping measure shall be conducted on the basis of a written application submitted in accordance with the provisions of Article 32 of this Law, or on the own initiative of the investigating authority.

A re-investigation in connection with the expiration of the anti-dumping measure is carried out if there is information in the application about the possibility of resuming or continuing dumping imports and causing damage to the economic sector of the Member States upon termination of the anti-dumping measure.

An application for a re-investigation in connection with the expiration of the anti-dumping measure shall be submitted no later than six months before the expiration of the anti-dumping measure.

A second investigation must be initiated before the expiration of the anti-dumping measure and completed within twelve months from the date of its commencement.

Until the completion of the repeated investigation conducted in accordance with this paragraph, a decision is made to extend the anti-dumping measure. During the period for which the application of the relevant anti-dumping measure is extended, in accordance with the procedure established for the collection of preliminary anti-dumping duties, anti-dumping duties are paid at the rates of anti-dumping duties that were established in connection with the application of the anti-dumping measure, the validity period of which is extended in connection with the re-investigation.

If, according to the results of the repeated investigation in connection with the expiration of the anti-dumping measure, the investigating authority has established that there are no grounds for applying the anti-dumping measure, or a decision has been taken not to apply the anti-dumping measure in accordance with Article 42 of this Law, the amount of the anti-dumping duty levied in accordance with the procedure established for the collection of preliminary anti-dumping duties during the period for which the application of the anti-dumping measure was extended, are subject to refund to the payer in accordance with Article 6 of this Law.

The effect of the anti-dumping measure is extended if, based on the results of a re-investigation in connection with the expiration of the anti-dumping measure, the investigating authority determines the possibility of resuming or continuing dumping imports and causing damage to the economic sector of the Member States. From the date of entry into force of the decision to extend the anti-dumping measure, the amounts of anti-dumping duties levied in accordance with the procedure established for the collection of preliminary anti-dumping duties during the period for which the application of the anti-dumping measure was extended shall be credited and distributed in accordance with Article 6 of this Law.

4. At the request of the person concerned, if at least a year has passed since the introduction of the anti-dumping measure, or at the initiative of the investigating authority, a second investigation is conducted to determine whether it is appropriate to continue applying the anti-dumping measure and/or to review it (including reviewing the individual amount of the anti-dumping duty rate) due to changed circumstances.

Depending on the purpose of submitting an application for a re-investigation, such an application must contain evidence that due to the changed circumstances:

1) continued application of the anti-dumping measure is not required to counteract dumping imports and eliminate damage to the economic sector of the Member States as a result of dumping imports;

2) the existing size of the anti-dumping measure exceeds the size sufficient to counteract dumping imports and eliminate damage to the economic sector of the Member States as a result of dumping imports;

3) the existing anti-dumping measure is insufficient to counteract dumping imports and eliminate damage to the economic sector of the Member States as a result of dumping imports. The repeated investigation conducted in accordance with this paragraph must be completed within twelve months from the date of its commencement.

5. A repeat investigation may also be conducted in order to establish an individual dumping margin for the exporter or producer who did not deliver the goods that were the subject of dumped imports during the investigation period.

Such a re-investigation may be initiated by the investigating authority if the specified exporter or manufacturer submits an application for its conduct containing evidence that the exporter or manufacturer of the goods are not persons associated with the exporters and manufacturers against whom the anti-dumping measure is being applied, and that this exporter or manufacturer supplies the goods that are the object of the investigation, to the customs territory of the Eurasian Economic Union or is bound by contractual obligations to supply significant volumes of such goods to the customs territory of the Eurasian Economic Union, the termination or withdrawal of which will lead to significant losses or substantial penalties (fines, penalties), other penalties for this exporter or manufacturer of goods.

During the period of the re-investigation in order to establish an individual dumping margin for the exporter or manufacturer, the anti-dumping measure in respect of supplies to the customs territory of the Eurasian Economic Union of the goods being investigated by this exporter or manufacturer shall not be paid the anti-dumping duty until a decision is made based on the results of the said re-investigation. In this case, in respect of such goods imported (imported) into the customs territory of the Eurasian Economic Union during the period of the repeated investigation, security for the payment of anti-dumping duties is provided in accordance with the procedure provided for by the Customs Code of the Eurasian Economic Union to ensure payment of import customs duties, taking into account the specifics established by this paragraph.

The payment of the anti-dumping duty shall be secured in cash in the amount of the amount of the anti-dumping duty calculated at the single rate of the anti-dumping duty established in accordance with Article 6 of this Law.

If, as a result of the repeated investigation, a decision is made to apply an anti-dumping measure, the anti-dumping duty is payable during the period of such repeated investigation. The amount of security from the date of entry into force of the decision on the application of an anti-dumping measure, adopted as a result of the repeated investigation, shall be offset against the payment of the anti-dumping duty in the amount determined based on the established rate of anti-dumping duty, credited and distributed in accordance with Article 6 of this Law, taking into account the provisions of this paragraph. If, as a result of the repeated investigation, it is deemed appropriate to impose a higher rate of anti-dumping duty than the rate based on which the amount of security for payment of the anti-dumping duty was determined, the difference between the amounts of the anti-dumping duty calculated at the rate established by the results of the repeated investigation and the uniform rate of the anti-dumping duty will not be charged.

The amount of security exceeding the amount of the anti-dumping duty calculated at the established rate of the anti-dumping duty is subject to refund to the payer in accordance with Article 6 of this Law.

The repeated investigation provided for in this paragraph shall be conducted as soon as possible, which may not exceed twelve months.

6. The provisions of Chapter 5 of this Law concerning the presentation of evidence and the conduct of an anti–dumping investigation shall apply to repeated investigations provided for in paragraphs 1-7 of this Article, taking into account the relevant differences.

7. The provisions of paragraphs 1-6 of this Article shall apply to the obligations assumed by the exporter in accordance with Article 18 of this Law, taking into account the relevant differences.

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

Constitution Law Code Standard Decree Order Decision Resolution Lawyer Almaty Lawyer Legal service Legal advice Civil Criminal Administrative cases Disputes Defense Arbitration Law Company Kazakhstan Law Firm Court Cases