Article 21. Establishing a circumvention of the anti-dumping measure of the Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

Home / RLA / Article 21. Establishing a circumvention of the anti-dumping measure of the Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

1. Circumvention of an anti-dumping measure means changing the method of delivery of goods to avoid paying anti-dumping duties or fulfilling price obligations assumed by the exporter.

2. A re-investigation in order to establish circumvention of the anti-dumping measure may be initiated at the request of the person concerned or on the own initiative of the investigating authority.

3. The statement referred to in paragraph 2 of this Article must contain evidence.:

1) circumvention of the anti-dumping measure;

2) neutralizing the effect of an anti-dumping measure as a result of its circumvention and the impact of this factor on the volume of production and (or) sales and (or) prices of similar goods on the market of the Member States;

3) the presence of dumping imports of goods (components and (or) derivatives of such goods) as a result of circumvention of the antidumping measure. At the same time, the normal value of the goods, its components or derivatives is assumed to be their normal value, determined during the investigation, as a result of which an anti-dumping measure was introduced, taking into account appropriate adjustments for comparison purposes.

4. The repeated investigation in order to establish circumvention of the anti-dumping measure must be completed within nine months from the date of its commencement.

5. For the period of the repeated investigation conducted in accordance with this article, an anti-dumping duty may be imposed in accordance with the procedure established for the collection of preliminary anti-dumping duties on the components and (or) derivatives of goods imported into the customs territory of the Eurasian Economic Union from an exporting third country, which were the subject of dumped imports, as well as on goods that were the subject of dumped imports, and (or) its components and (or) derivatives, imported into the customs territory of the Eurasian Economic Union from another exporting third country.

6. If, based on the results of a repeated investigation conducted in accordance with this article, the investigating authority has not established a circumvention of the anti-dumping measure, the amounts of the anti-dumping duty paid in accordance with this article and in accordance with the procedure established for the collection of preliminary anti-dumping duties shall be refunded to the payer in accordance with Article 6 of this Law.

7. If an anti-dumping measure is established based on the results of a repeated investigation conducted in accordance with this article, circumvention of the anti-dumping measure may be extended to the components and (or) derivatives of the goods that were the subject of dumped imports imported into the customs territory of the Eurasian Economic Union from an exporting third country, as well as to the goods that were the subject of dumped imports, and (or) its component parts and (or) derivatives, imported into the customs territory of the Eurasian Economic Union from another exporting third country. From the date of entry into force of the decision to impose the anti-dumping measure specified in this paragraph, the amounts of anti-dumping duties paid in accordance with the procedure established for the collection of preliminary anti-dumping duties shall be credited and distributed in accordance with Article 6 of this Law.

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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