Article 9. Introduction of a preliminary special fee The Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

Home / RLA / Article 9. Introduction of a preliminary special fee The Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries

1. In critical circumstances, when a delay in the application of a special protective measure would lead to damage to the economic sector of the Member States, which would be difficult to eliminate subsequently, the Commission may decide, before completing the relevant investigation, to impose a preliminary special fee for a period not exceeding two hundred calendar days based on the preliminary conclusion of the investigating authority, in accordance with with which there is obvious evidence that the increased import of the goods being investigated, has caused or threatens to cause serious damage to the economic sector of the Member States.

The investigation should be continued in order to obtain a final conclusion from the investigating authority.

2. Before the Commission makes a decision on the introduction of a preliminary special fee, the authorized body shall coordinate with the interested state bodies of the Republic of Kazakhstan a proposal on the introduction of a preliminary special fee, prepared by the body conducting the investigation on the basis of a preliminary conclusion.

3. The investigating authority shall notify in writing the authorized body of the exporting third country, as well as other interested parties known to it, of the possible introduction of a preliminary special duty.

4. At the request of the authorized body of the exporting third country for consultations on the introduction of a preliminary special duty, such consultations should be initiated after the Commission makes a decision on the introduction of a preliminary special duty.

5. If, based on the results of the investigation, the investigating authority finds that there are no grounds for the introduction of a special protective measure, or a decision has been taken not to apply a special protective measure in accordance with Article 42 of this Law, the amounts of the preliminary special fee shall be refunded to the payer in accordance with Article 6 of this Law.

6. If, as a result of the investigation, a decision is made to apply a special protective measure (including through the introduction of an import or special quota), the period of validity of the preliminary special duty is counted in the total period of validity of the special protective measure, and the amount of the preliminary special duty from the date of entry into force of the decision on the application of a special protective measure, adopted based on the results of investigations are subject to enrollment and distribution in accordance with Article 6 of this Law.

7. If, based on the results of the investigation, it is deemed appropriate to impose a lower rate of special duty than the rate of the preliminary special duty, the amounts of the preliminary special duty corresponding to the amount of the special duty calculated at the established rate of special duty shall be credited and distributed in accordance with Article 6 of this Law.

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

8. If, according to the results of the investigation, it is deemed appropriate to impose a higher rate of special duty than the rate of the preliminary special duty, the difference between the amounts of the special duty and the preliminary special duty will not be charged.

9. The decision on the introduction of a preliminary special fee is usually made no later than six 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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