On Ratification of the Protocol on Amendments and Additions to the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries dated January 25, 2008
The Law of the Republic of Kazakhstan dated November 20, 2012 No. 53-V
RCPI's note! The Protocol is terminated in connection with the entry into force of the Treaty on the Eurasian Economic Union, ratified by the Law of the Republic of Kazakhstan dated 14.10.2014 No. 240-V (for the procedure of entry into force, see Article 113).
To ratify Protocol on Amendments and Additions to the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries dated January 25, 2008, signed in St. Petersburg on October 18, 2011.
President of the Republic of Kazakhstan N. NAZARBAYEV
Protocol on Amendments and Additions to the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries dated January 25, 2008
The Governments of the member States of the Customs Union within the framework of the Eurasian Economic Community, hereinafter referred to as the Parties, in accordance with Article 42 of the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries dated January 25, 2008, agreed as follows:
Article 1
To amend and supplement the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries dated January 25, 2008 (hereinafter referred to as the Agreement) in accordance with the annex to this Protocol, which is an integral part of it.
Article 2
Disputes between the Parties related to the interpretation and/or application of this Protocol shall be resolved in accordance with the procedure established by the Agreement.
Article 3
This Protocol shall be applied provisionally from the date of signature and shall enter into force from the date of receipt by the depositary through diplomatic channels of the penultimate written notification that the Parties have completed the internal procedures necessary for the entry into force of this Protocol.
Done in St. Petersburg on October 18, 2011, in one original copy in Russian.
The original copy of this Protocol shall be kept at the Customs Union Commission, which, as the depositary of this Protocol, will send each Party a certified copy thereof.
For the Government For the Government For the Government of the Republic of Belarus of the Republic of Kazakhstan of the Russian Federation
Annex to the Protocol on Amendments and Additions to the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries dated January 25, 2008
Amendments and additions to the Agreement
1. In the preamble, the words "The Government of the Republic of Belarus, the Government of the Republic of Kazakhstan and the Government of the Russian Federation" should be replaced by the words "The Governments of the member States of the Customs Union within the framework of the Eurasian Economic Community". 2. In article 1: (a) In paragraph 1: Replace the words "import of goods originating from the customs territories of third countries" with the words "introduction and application of special protective, anti-dumping and countervailing measures in respect of goods originating from foreign countries"; "replace the words "customs territory of the States of the Parties" with the words "single customs territory of the Customs Union"; b) in paragraph 2, replace the words "investment and currency control" with the words "investment, currency and export control". 3. Add Article 1-1 to read as follows:
"Article 1-1 The legal framework of the Customs Union for special protective, anti-dumping and countervailing measures
1. The legal framework of the Customs Union for special protective, anti-dumping and countervailing measures consists of: 1) this Agreement and international treaties of the States of the Parties concluded within the framework of the formation of the Customs Union and regulating legal relations in the field of the application of special protective, anti-dumping and countervailing measures to the extent that they do not contradict the provisions of this Agreement; 2) decisions of the Customs Union authorities taken in accordance with this Agreement and (or) international treaties of the states of the Parties concluded within the framework of the formation of the Customs Union.". 4. Articles 2 and 3 should be worded as follows:
"Article 2 Basic terms
The terms used in this Agreement mean the following: "similar product" is a product that is completely identical to a product that is or may become the object of investigation (re-investigation), or in the absence of such a product, another product with characteristics similar to those of a product that is or may become the object of investigation (re-investigation); "anti-dumping measure" is a measure to counteract dumping imports, which is applied by decision of the Customs Union Commission through the introduction of anti-dumping duties, including preliminary anti-dumping duties, or approval of price obligations assumed by the exporter; "anti-dumping duty" is a duty that is applied when an anti-dumping measure is introduced and is collected by the customs authorities of the states of the Parties regardless of the import customs duties; "dumping margin" is the percentage ratio of the normal value of goods minus the export price of such goods to its export price, or the difference between the normal value of goods and their export price, expressed in absolute terms; "import quota" is the restriction on the import of goods into the single customs territory of the Customs Union with respect to its quantity and (or) costs; "foreign state" means a state (association of states) that is not a party to this Agreement, as well as a territory included in the Classification of Countries of the World approved by the Customs Union Commission.; "countervailing measure" is a measure to neutralize the impact of a specific subsidy from an exporting foreign state on the economic sector of the states of the Parties, applied by decision of the Customs Union Commission through the introduction of countervailing duties, including preliminary countervailing duties, or approval of obligations assumed by the authorized body of the subsidizing foreign state or the exporter.; "countervailing duty" is a duty that is applied when a countervailing measure is introduced and is levied by the customs authorities of the States of the Parties, regardless of the import customs duty.; "material damage to the economic sector of the States of the Parties" is a proven deterioration in the economic sector of the States of the Parties, which is expressed, in particular, in a reduction in the volume of production of similar goods in the States of the Parties and the volume of its sale on the market of the States of the Parties, a decrease in the profitability of the production of such goods, as well as in a negative impact on inventories, employment, wages in this sector of the economy of the States of the Parties and the level of investment in this sector of the economy of the States of the Parties; "directly competing product" is a product comparable to a product that is or may become the object of investigation (re-investigation), in terms of its purpose, application, quality and technical characteristics, as well as other basic properties, in such a way that the buyer replaces or is ready to replace it in the process of consumption with a product that is or may be become the subject of an investigation (re-investigation); "normal course of trade" is the purchase and sale of a similar product on the market of an exporting foreign country at a price not lower than its weighted average cost, determined based on weighted average production costs and weighted average trade, administrative and total costs.; "branch of the economy of the States of the Parties" means all producers of similar goods (for the purposes of anti-dumping and countervailing investigations) or similar or directly competing goods (for the purposes of a special protective investigation) in the States of the Parties, or those of them whose share in the total volume of production in the States of the Parties, respectively, of similar goods or similar or directly competing goods is significant a part, but not less than 25 percent; "payers of special, anti-dumping, countervailing duties (including preliminary special, preliminary anti-dumping, preliminary countervailing duties)" - the declarant or other persons who, in accordance with the Customs Code of the Customs Union, international treaties of the States of the Parties and (or) the legislation of the States of the Parties, are required to pay import customs duties and taxes in respect of goods imported from foreign countries into the single customs territory of the Customs Union, to which special, anti-dumping and countervailing duties are applied (including preliminary special, preliminary anti-dumping and preliminary countervailing duties); "prior period" - 3 calendar years immediately preceding the date of filing an application for an investigation, for which the necessary statistical data is available; "related persons" - persons who meet one or more of the following criteria: Each of these persons is an employee or head of an organization established with the participation of another person; the persons are business partners, that is, they are bound by contractual relations, act for profit and jointly bear the costs and losses associated with the implementation of joint activities.; the persons are employers and employees of the same organization; any person directly or indirectly owns, controls, or is a nominee holder of 5 percent or more of the voting shares or shares of both persons; one of the persons directly or indirectly controls the other person; both persons are directly or indirectly controlled by a third party; both persons together directly or indirectly control a third party a person; persons are in a marital relationship, relationship of kinship or property, an adoptive parent or adopted child, as well as a trustee and ward. In this case, direct control refers to the ability of a legal entity or an individual to determine decisions made by a legal entity through one or more of the following actions:: - exercising the functions of its executive body; - obtaining the right to determine the conditions for conducting business of a legal entity; - disposing of more than 5 percent of the total number of votes attributable to shares (stakes) constituting the authorized (pooled) capital (fund) of a legal entity. Indirect control refers to the ability of a legal entity or individual to determine decisions made by a legal entity through an individual or legal entity, or through several legal entities between which there is direct control.; "serious damage to the economic sector of the States of the Parties" is a significant deterioration in the production, trade and financial situation of the economic sector of the States of the Parties, which is expressed in the general deterioration of the situation related to the production of similar or directly competing goods in the States of the Parties, and is determined, as a rule, for the previous period; "special protective measure" is a measure to limit increased imports of goods into the single customs territory of the Customs Union, which is applied by decision of the Customs Union Commission through the introduction of an import quota or special duty, including a preliminary special duty; "special duty" is a duty that is applied when a special protective measure is introduced and is collected by the customs authorities of the states The Parties regardless of the import customs duty; "subsidized import" is the import of goods into the single customs territory of the Customs Union, during the production, export or transportation of which a specific subsidy from the exporting foreign state was used.; "subsidizing body" means a state body or a local government body of an exporting foreign state, or a person acting on behalf of the relevant state body or local government body or authorized by the relevant state body or local government body in accordance with a legal act or based on factual circumstances."; "threat of material damage to the economic sector of the States of the Parties" - the inevitability of material damage to the economic sector of the States of the Parties, confirmed by evidence; "threat of serious damage to the economic sector of the States of the Parties" - the inevitability of serious damage to the economic sector of the States of the Parties, confirmed by evidence; "export price" is the price that is paid or should be paid by buyers who are not related to foreign manufacturers or exporters when importing goods into the single customs territory of the Customs Union.
Article 3 Investigation
1. The introduction of a special protective, anti-dumping or countervailing measure upon import of goods is preceded by an investigation conducted in accordance with this Agreement. 2. The investigation referred to in paragraph 1 of this article shall be conducted in order to establish: the presence of increased imports into the single customs territory of the Customs Union and the resulting serious damage to the economic sector of the States of the Parties or the threat of its infliction; the presence of dumped or subsidized imports into the single customs territory of the Customs Union and the resulting material damage to the economic sector of the States of the Parties or the threat of its infliction or a significant slowdown in the creation of the economic sector of the States of the Parties. 3. A decision on the introduction and application of a special protective, anti-dumping or countervailing measure, including the introduction and application of a preliminary special, preliminary anti-dumping or preliminary countervailing duty, on the revision or cancellation of a special protective, anti-dumping or countervailing measure, or on the non-application of a measure in accordance with the provisions of Article 40 of this Agreement, shall be taken by the Customs Union Commission. 4. The body responsible for conducting investigations (hereinafter referred to as the body conducting investigations) is determined by the Customs Union Commission. 5. The body conducting investigations acts within the limits of the powers granted to it by this Agreement and the decisions of the Customs Union bodies taken in accordance with this Agreement and (or) other international treaties of the Parties concluded within the framework of the formation of the Customs Union. 6. Based on the results of the investigation, the investigating body submits to the Customs Union Commission a report containing proposals on the expediency of introducing and applying a special protective, anti-dumping or countervailing measure, or revising or canceling a special protective, anti-dumping or countervailing measure, with a draft decision of the Customs Union Commission attached. 7. In the cases provided for in Articles 6, 14 and 24 of this Agreement, the investigating authority, before completing the investigation, submits to the Customs Union Commission a report containing proposals on the expediency of introducing and applying a preliminary special, preliminary anti-dumping or preliminary countervailing duty. 8. Russian Russian evidence, information and correspondence related to investigations must be submitted to the investigating authority, and the original documents, which are written in a foreign language, must be accompanied by a translation into Russian with a certificate of the submitted translation.". 5. In article 4: (a) in paragraph 1: the words "conducted by the competent authority" should be deleted; after the words "customs territory", the words "States of the Parties" should be replaced with the words "Customs Union"; b) in paragraph 2: the words "States of the Parties" should be replaced with the words "Customs Union"; Replace the words "countries using the unified system" with the words "countries using the tariff system". 6. In article 5: (a) in paragraph 1: after the words "customs territory", the words "competent authority of the States of the Parties" should be replaced by the words "Customs Union body conducting investigations"; b) in subparagraph 1, the word "increment" should be replaced by the word "growth", the words "to the single customs territory of the States of the Parties" should be deleted; c) in subparagraph 2, the word "sales" Replace with the word "sales"; (d) In subparagraph 3, the words "in comparison with the price of a similar or directly competing good produced in the States of the Parties" should be replaced by the words "in comparison with the price level of a similar or directly competing good produced in the States of the Parties"; (e) in subparagraph 4, the words "sales of a similar or directly competing good produced in the States of Of the Parties, in the market of the States of the Parties" shall be replaced by the words "sales in the market of the States of the Parties of similar or directly competing goods produced in the States of the Parties"; (e) In paragraph 2: the words "competent authority" should be replaced by the words "investigating authority"; (e) In paragraph 3: the words "Competent authority" should be replaced by the words "Investigating authority"; after the word "attributed", the words "competent authority" should be deleted; after the words "customs territory", the words "States of the Parties" should be replaced by the words "Customs Union". 7. Article 6 should be worded as follows:
"Article 6 Introduction of a preliminary special fee
1. In critical circumstances, when a delay in the application of a special protective measure would cause serious damage to the economic sector of the States of the Parties, which would be difficult to eliminate subsequently, the Customs Union Commission, before completing the relevant investigation, may decide to introduce and apply a preliminary special duty for a period not exceeding 200 days based on the preliminary conclusion of the body conducting the investigation. according to which there is obvious evidence that increased imports of goods, who is the subject of investigation, has caused or threatens to cause serious damage to the economic sector of the States of the Parties. The investigation should be continued in order to obtain a final conclusion from the investigating authority. 2. The investigating authority shall notify in writing the authorized body of the exporting foreign State, as well as other interested parties known to it, of the possible introduction of a preliminary special duty. 3. At the request of the authorized body of the exporting foreign state for consultations on the introduction of a preliminary special duty, such consultations should be initiated after the decision of the Customs Union Commission on the introduction of a preliminary special duty. 4. If, according to the results of the investigation, it is established that there are no grounds for the introduction of a special protective measure, the amounts of the preliminary special fee shall be refunded to the payer in accordance with the procedure specified in paragraph 6 of Article 28-1 of this Agreement. 5. If, as a result of the investigation, a decision is made to apply a special protective measure (including through the introduction of an import 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 amounts of the preliminary special duty from the date of entry into force of the decision on the application of a special protective measure adopted as a result of the investigation are subject to transfer and distribution in accordance with the procedure specified in paragraph 5 of Article 28-1 of this Agreement, subject to the provisions of paragraphs 6 and 7 of this Article. 6. 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 the procedure specified in paragraph 5 of Article 28-1 of this Agreement. The amounts of the preliminary special fee exceeding the amount of the special fee calculated at the established rate of the special fee shall be refunded to the payer in accordance with the procedure specified in paragraph 6 of Article 28-1 of this Agreement. 7. 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.". 8. In article 7: (a) in paragraph 1: replace the words "competent authority" with the words "Customs Union Commission"; b) Paragraphs 2 and 3 should be worded as follows: "2. If a special protective measure is applied by establishing an import quota, the amount of such import quota should not be lower than the average annual volume of imports of the goods being investigated (in quantitative or monetary terms) for the previous period, except in cases where it is necessary to establish a lower import quota to eliminate serious damage to the economic sector of the Parties or the threat of such damage. 3. When distributing the import quota between exporting foreign countries, those of them who are interested in delivering the goods that are the subject of investigation to the single customs territory of the Customs Union are given the opportunity to consult on the issue of distributing the import quota between them."; c) in paragraph 4: replace the words "States of the Parties" with the words "Customs union"; replace the word "being" with the word "being"; add a new second paragraph to read as follows: "Any special factors that could or may affect the course of trade in this product are taken into account."; d) in paragraph 5: replace the word "was" with the word "is"; replace the words "competent authority" with the words "Commission of the Customs Union"; replace the words "States of the Parties" with the words "Customs Union"; add the following second paragraph: "The provisions of this paragraph are applicable only if the investigating authority determines that there is serious damage to the economic sector of the States of the Parties."; e) in paragraph 6, replace the words "States of the Parties" with the words "Customs Union"; f) Paragraphs 7, 8 and 9 should be deleted. 9. In Article 8: (a) in the first paragraph of paragraph 2, the words "competent authority" should be replaced by the words "Commission of the Customs Union", the words "competent authority" should be replaced by the words "body conducting investigations"; b) in paragraph 3, the words "competent authority" should be replaced by the words "Commission of the Customs Union"; c) in paragraph 4: in the first paragraph, the words "competent authority" should be replaced by the words "Commission of the Customs Union"; in the second paragraph, the words "competent authority" should be replaced by the words "body conducting investigations." 10. In paragraph 1 of Article 9: the words "conducted by the competent authority" should be deleted; after the words "customs territory", the words "States of the Parties" should be replaced by the words "Customs Union". 11. In article 10: (a) in paragraph 1: replace the words "competent authority" with the words "body conducting investigations"; sub-paragraphs 2 and 3 should read as follows: "2) the normal value of the goods for individual transactions with the export prices of the goods for individual transactions; 3) the weighted average normal value of the goods with the export prices of the goods for individual transactions, subject to significant differences in the price of the goods depending on buyers, regions or the period of delivery of the goods."; b) in paragraph 3: add a new third paragraph to read as follows: "The investigating authority makes sure that adjustments based on the above factors do not duplicate each other, thus distorting the result of comparing the export price with the normal value of the goods."; the third paragraph should be considered the fourth paragraph; the words "Competent authority" should be replaced by the words "Investigating authority"; c) in paragraph 4 replace the words "third country" with the words "other foreign State"; d) in paragraph 5: replace the words "States of the Parties" with the words "Customs Union"; in the second paragraph, after the words "exported to", add the word "single"; e) in the third paragraph of paragraph 6 and in paragraph 7, replace the words "Competent authority" with the words "Body conducting investigations"; f) in paragraph 8: replace the words "competent authority" with the words "body conducting investigations"; replace the words "competent authority" with the words "body conducting investigations,"; add new paragraphs two, three and four to read as follows: "The selection of interested persons for the purpose of limiting the determination of the individual dumping margin established by the provisions of this paragraph shall be carried out by the investigating authority, preferably in consultation with the relevant foreign exporters, manufacturers and importers of the goods under investigation and with their consent. If the investigating authority uses a restriction in accordance with the provisions of this paragraph, it also determines an individual dumping margin for each foreign exporter or foreign producer who was not initially selected but provided the necessary information within the time limit set for their consideration, except in cases where the number of foreign exporters and (or The number of foreign manufacturers is so large that an individual review may lead to a violation by the investigating authority., the deadline for conducting the relevant investigation. The voluntarily submitted responses of such foreign exporters and/or foreign producers should not be rejected by the investigating authority."; f) Paragraph 9 should be worded as follows: "9. If the investigating authority uses a restriction on determining the individual dumping margin in accordance with paragraph 8 of this article, the amount of the dumping margin calculated in respect of foreign exporters or foreign producers of goods that are the subject of dumped imports who have not been selected to determine the individual dumping margin, but who provided the necessary information during the investigation within the time limit set for this purpose. the term should not exceed the size of the weighted average dumping margin, determined in respect of foreign exporters or foreign producers of goods that are the subject of dumped imports, selected to determine the individual dumping margin."; g) in paragraph 10: replace the words "competent authority" with the words "investigating authority"; delete the word "any"; h) in paragraph 11: the words "competent the body" should be replaced by the words "the body conducting investigations," 12. In article 11: (a) in paragraph 1: in the first paragraph, replace the words "competent authority" with the words "body conducting investigations," after the words "related parties" add the words "with producers and exporters who are residents of such a foreign state."; 12. In article 11: (a) in paragraph 1: in the first paragraph, replace the words "competent authority" with the words "body conducting investigations," after the words "related persons" add the words "with producers and exporters who are residents of such a foreign state"; in the second paragraph, after the words "related persons" add the words "with producers and exporters who are residents of such a foreign state states"; b) in paragraph 2, replace the words "States of the Parties" with the words "Customs Union"; c) in paragraph 4: replace the words "third country" with the words "other foreign State"; replace the words "competent authority" with the words "investigating authority"; d) in paragraph 8, replace the words "Competent authority" with the words "Investigating authority,"; e) add a new sentence to paragraph 9 as follows: "Such adjustments should reflect costs at the end of the production organization period, and if the production organization period exceeds the investigation period, for the latest stage of production organization, which falls during the investigation period."; f) in paragraph 11: in the first paragraph, replace the words "a suitable third country (comparable)" with the words "a suitable foreign country (comparable)", replace the words "such a third country to other countries" with the words "such a foreign State to other foreign States". 13. In paragraph 2 of Article 12: replace the words "competent authority" with the words "body conducting investigations"; replace the words "competent authority" with the words "body conducting investigations"; replace the words "States of the Parties" with the words "Customs Union". 14. In article 13: (a) in the first paragraph of paragraph 3, after the word "investigation", add the words "during its conduct"; (b) in paragraph 4, replace the words "competent authority" with the words "body conducting investigations"; (c) in the first paragraph of paragraph 5, replace the words "competent authority" with the words "body conducting investigations,"; d) in the first paragraph of paragraph 6, the words "States of the Parties" should be replaced by the words "Customs Union", the words "competent authority" should be replaced by the words "body conducting investigations,"; e) in paragraph 8, replace the words "competent authority" with the words "body conducting investigations"; f) in the first paragraph of paragraph 9, replace the words "Competent authority" with the words "Body conducting investigations"; f) in the first paragraph of paragraph 11, replace the words "competent authority" with the words "body conducting investigations,"; g) in paragraph 12, replace the words "competent authority" with the words "body conducting investigations,". 15. In article 14: (a) in paragraph 1: replace the words "competent authority" with the words "Customs Union Commission"; after the word "report", add the words "body conducting investigations"; b) in paragraph 6: replace the words "competent authority" with the words "body conducting investigations"; replace the words "established for the refund of customs duties by the legislation of the State of the Parties, the customs authorities of which levied a preliminary anti-dumping duty" with the words "defined in paragraph 6 of Article 28-1 of this Agreement"; c) Paragraphs 7, 8 and 9 should be worded as follows: "7. If, as a result of the investigation, a decision has been taken to apply an anti-dumping measure, the amounts of the preliminary anti-dumping duty from the date of entry into force of the decision to apply the anti-dumping measure taken as a result of the investigation shall be credited and distributed in accordance with the procedure specified in paragraph 5 of Article 28-1 of this Agreement, subject to the provisions of paragraphs 8 and 9 of this article. 8. If, as a result of the investigation, it is deemed appropriate to impose a lower anti-dumping duty rate than the preliminary anti-dumping duty rate, the amounts of the preliminary anti-dumping duty corresponding to the amount of the anti-dumping duty calculated at the established anti-dumping duty rate shall be credited and distributed in accordance with the procedure specified in paragraph 5 of Article 28-1 of this Agreement. The amounts of the preliminary anti-dumping duty exceeding the amount of the anti-dumping duty calculated at the established anti-dumping duty rate shall be refunded to the payer in accordance with the procedure specified in paragraph 6 of Article 28-1 of this Agreement. 9. If, as a result of the investigation, it is deemed appropriate to impose a higher rate of anti-dumping duty than the rate of the preliminary anti-dumping duty, the difference between the amounts of the anti-dumping duty and the preliminary anti-dumping duty will not be charged."; d) add paragraph 10 as follows: "10. The preliminary anti-dumping duty is applied subject to the simultaneous continuation of the investigation.". 16. In article 15: (a) In the name, the word "voluntary" is replaced by the word "price"; b) in the first paragraph of paragraph 1, the words "competent authority" should be replaced by the words "body conducting investigations," after the words "without imposing" should be supplemented with the words "preliminary anti-dumping duty or", the word "voluntary" should be replaced with the word "price", the words "states of the Parties" should be replaced with the words "Customs Union", the words "competent authority" should be replaced with the words "body conducting investigations," after the words "dumping imports, and" should be supplemented with the words "Customs Union Commission"; c) in paragraph 2: the word "voluntary" should be replaced with the word "price"; the words "competent authority" should be replaced by the words "Commission of the Customs Union"; the word "he" should be replaced by the words "body conducting investigations"; d) in paragraph 3: in the first paragraph, the word "voluntary" should be replaced by the word "price", the words "competent authority" should be replaced by the words "Commission of the Customs Union", the word "he" should be replaced with the words "body conducting investigations"; in the second paragraph, the words "Competent authority" should be replaced with the words "Body conducting investigations", the word "voluntary" should be replaced with the word "price"; e) add paragraph 3-1 as follows: "3-1. 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 if requested."; f) in paragraph 4: replace the words "Competent authority" with the words "Investigating Authority"; the word "voluntary" replace with the word "price"; f) in paragraph 5: in the first paragraph, the words "competent voluntary authority" should be replaced by the words "Customs Union Price Commission", the words "competent authority" should be replaced by the words "body conducting investigations"; in the second paragraph, the words "competent authority" should be replaced by the words "body conducting investigations", the word "voluntary" replace the word "price", replace the word "voluntary" with the word "price", replace the words "competent authority" with the words "Customs Union Commission"; g) in paragraph 6: replace the words "competent authority" with the words "body conducting investigations,"; the word "voluntary" should be replaced by the word "price"; after the words "with their conditions", add the words "and the provisions of this Agreement"; h) in paragraph 7: in the first paragraph, the words "Competent authority may" should be replaced by the words "The investigating authority has the right", the word "voluntary" should be replaced by the word "price"; in the second paragraph, the words "Failure to provide the requested information within the time limit set by the competent authority" should be replaced by the words "Failure to provide the requested information within the time limit set by the investigating authority", the word "voluntary" should be replaced by the word "price"; and) in paragraph 8: in the first paragraph, the word "voluntary" should be replaced by the word "price", the words "competent authority" should be replaced by the words "Customs Union Commission", the word "final" should be deleted; in the second paragraph, the word "voluntary" should be replaced by the word "price"; k) add paragraph 9 as follows: "9. The decision of the Customs Union Commission on the approval of price obligations must specify the rate of preliminary anti-dumping duty or anti-dumping duty, which may be imposed in accordance with paragraph 8 of this Article.". 17. In article 16: (a) in paragraph 1: replace the word "voluntary" with the word "price"; replace the words "competent authority" with the words "Customs Union Commission"; b) in the second paragraph of paragraph 2, replace the words "Competent authority" with the words "Customs Union Commission"; c) Paragraphs 3 and 4 should be worded as follows: "3. The Customs Union Commission sets an individual anti-dumping duty rate for the goods supplied by each exporter or manufacturer of the goods that are the subject of dumped imports, for which an individual dumping margin has been calculated. 4. In addition to setting the individual anti-dumping duty rate specified in paragraph 3 of this Article, the Customs Union Commission shall establish a single anti-dumping duty rate for goods supplied by all other exporters or producers of goods from an exporting foreign country for which an individual dumping margin has not been calculated, based on the highest dumping margin calculated during the investigation.". 18. In article 17: (a) in paragraph 1: Replace the words "competent authority" with the words "Customs Union Commission"; b) in paragraph 3: in the first paragraph, the words "competent authority" should be replaced by the words "body conducting investigations"; paragraphs five, six and seven should be worded as follows: "Until the completion of the repeated investigation conducted in accordance with the provisions of this paragraph, the application of the anti-dumping measure is extended by a decision of the Customs Union Commission. 17. In article 16: (a) in paragraph 1: replace the word "voluntary" with the word "price"; replace the words "competent authority" with the words "Customs Union Commission"; b) in the second paragraph of paragraph 2, replace the words "Competent authority" with the words "Customs Union Commission"; c) Paragraphs 3 and 4 should be worded as follows: "3. The Customs Union Commission sets an individual anti-dumping duty rate for the goods supplied by each exporter or manufacturer of the goods that are the subject of dumped imports, for which an individual dumping margin has been calculated. 4. In addition to setting the individual anti-dumping duty rate specified in paragraph 3 of this Article, the Customs Union Commission shall establish a single anti-dumping duty rate for goods supplied by all other exporters or producers of goods from an exporting foreign country for which an individual dumping margin has not been calculated, based on the highest dumping margin calculated during the investigation.". 18. In article 17: (a) in paragraph 1: Replace the words "competent authority" with the words "Customs Union Commission"; b) in paragraph 3: in the first paragraph, the words "competent authority" should be replaced by the words "body conducting investigations"; paragraphs five, six and seven should be worded as follows: "Until the completion of the repeated investigation conducted in accordance with the provisions of this paragraph, the application of the anti-dumping measure is extended by a decision of the Customs Union Commission. 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 the application of the anti-dumping measure, the amounts of the anti-dumping duty levied in accordance with the procedure established for the collection of preliminary anti-dumping d uties during the period for which the application of the anti-dumping measure was extended shall be refunded to the payer 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. in accordance with the procedure defined in paragraph 6 of Article 28-1 of this Agreement. The effect of the anti-dumping measure is extended by the Customs Union Commission if, based on the results of a repeated 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 Parties. From the date of entry into force of the decision of the Customs Union Commission on the extension of 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 paragraph 5 of Article 28-1 of this Agreement."; c) in In the first paragraph of paragraph 4, the words "competent authority" should be replaced by the words "body conducting investigations," the words "individual rates" should be replaced by the words "individual rate"; d) in paragraph 5: in the second paragraph, replace the words "competent authority" with the words "body conducting investigations," replace the words "States of the Parties" with the words "Customs Union"; in the third paragraph, replace the words "States of the Parties" with the words "Customs Union"; add the following paragraph: "The Commission of the Customs Union, after the start of the relevant re-investigation, may take measures to ensure the possibility of levying anti-dumping duties, in particular, in the form of accepting obligations to pay such duties on shipments of goods subject to investigation carried out by this exporter or manufacturer." 19. In article 18: (a) in paragraph 1, replace the word "voluntary" with the word "price"; (b) in paragraph 2, replace the words "competent authority" with the words "investigating authority"; c) in subparagraph 3 of paragraph 3, the words "competent authority" should be replaced by the words "Commission of the Customs Union"; d) Paragraphs 5, 6 and 7 should be worded as follows: "5. For the period of the repeated investigation conducted in accordance with this Article, the Customs Union Commission may impose an anti-dumping duty levied in accordance with the procedure established for the collection of preliminary anti-dumping duties on the components and (or) derivatives of goods that were the subject of dumped imports imported into the single customs territory of the Customs Union from an exporting foreign state, as well as for goods that were the subject of dumped imports, and (or) its components and (or) derivatives, imported into the single customs territory of the Customs Union from another exporting foreign state. 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 the procedure specified in paragraph 6 of Article 28-1 of this Agreements. 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 applied under this Agreement may be extended by the Customs Union Commission to the components and (or) derivatives of goods that were the subject of dumped imports imported into the single customs territory of the Customs Union from an exporting foreign state, as well as to the product that was the subject of dumped imports, and (or) its components and (or) derivatives, imported into the single customs territory of the Customs Union from another exporting foreign state. From the date of entry into force of the decision of the Customs Union Commission on the introduction of 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 paragraph 5 of Article 28-1 of this Agreement.". 20. In article 19: replace the word "imported" with the word "imported"; replace the words "competent authority" with the words "body conducting investigations"; after the words "customs territory", replace the words "States of the Parties" with the words "Customs Union". 21. In article 23: (a) Add a new paragraph 2-1 as follows: "2-1. The damage to the economic sector of the States of the Parties is determined for the period of the investigation during its conduct."; b) in paragraph 3, replace the words "competent authority" with the words "body conducting investigations,"; c) in the first paragraph of paragraph 4, the words "States of the Parties" should be replaced by the words "Customs Union", the words "competent authority" should be replaced by the words "body conducting investigations"; d) in the first paragraph of paragraph 5, the words "competent authority" should be replaced by the words "body conducting investigations"; e) in the paragraph In paragraph 8, the words "competent authority" should be replaced by the words "body conducting investigations"; (e) In paragraph 9: the words "competent authority" should be deleted; the words "this body" should be replaced by the words "body conducting investigations,"; (e) In paragraph 10, replace the words "competent authority" with the words "investigating authority"; (g) In paragraph 11: in the first paragraph, replace the words "Competent authority" with the words "Investigating authority"; in the second paragraph, replace the words "competent authority" with the words "investigating authority,". 22. In article 24: (a) in paragraph 1: replace the words "competent authority" with the words "body conducting investigations"; replace the words "competent authority" with the words "Customs Union Commission"; after the words "based on the report", add the words "the body conducting the investigation"; b) in paragraph 4, replace the words "established for the refund of customs payments by the legislation of the State of the Party whose customs authorities levied the provisional countervailing duty" with the words "defined in paragraph 6 of Article 28-1 of this Agreement"; c) Paragraphs 5, 6 and 7 should be worded as follows: "5. If, as a result of the investigation, a decision has been taken to apply a countervailing measure, the amounts of the preliminary countervailing duty from the date of entry into force of the decision to apply a countervailing measure taken as a result of the investigation shall be credited and distributed in accordance with the procedure specified in paragraph 5 of Article 28-1 of this Agreement, subject to the provisions of paragraphs 6 and 7 of this article. 6. If, as a result of the investigation, it is deemed appropriate to impose a lower rate of countervailing duty than the rate of the preliminary countervailing duty, the amounts of the preliminary countervailing duty corresponding to the amount of the countervailing duty calculated at the established rate of countervailing duty shall be credited and distributed in accordance with the procedure specified in paragraph 5 of Article 28-1 of this Agreement. The amounts of the provisional countervailing duty exceeding the amount of the countervailing duty calculated at the established countervailing duty rate shall be refunded to the payer in accordance with the procedure specified in paragraph 6 of Article 28-1 of this Agreement. 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 applied under this Agreement may be extended by the Customs Union Commission to the components and (or) derivatives of goods that were the subject of dumped imports imported into the single customs territory of the Customs Union from an exporting foreign state, as well as to the product that was the subject of dumped imports, and (or) its components and (or) derivatives, imported into the single customs territory of the Customs Union from another exporting foreign state. From the date of entry into force of the decision of the Customs Union Commission on the introduction of 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 paragraph 5 of Article 28-1 of this Agreement.". 20. In article 19: replace the word "imported" with the word "imported"; replace the words "competent authority" with the words "body conducting investigations"; after the words "customs territory", replace the words "States of the Parties" with the words "Customs Union". 21. In article 23: (a) Add a new paragraph 2-1 as follows: "2-1. The damage to the economic sector of the States of the Parties is determined for the period of the investigation during its conduct."; b) in paragraph 3, replace the words "competent authority" with the words "body conducting investigations,"; c) in the first paragraph of paragraph 4, the words "States of the Parties" should be replaced by the words "Customs Union", the words "competent authority" should be replaced by the words "body conducting investigations"; d) in the first paragraph of paragraph 5, the words "competent authority" should be replaced by the words "body conducting investigations"; e) in the paragraph In paragraph 8, the words "competent authority" should be replaced by the words "body conducting investigations"; (e) In paragraph 9: the words "competent authority" should be deleted; the words "this body" should be replaced by the words "body conducting investigations,"; (e) In paragraph 10, replace the words "competent authority" with the words "investigating authority"; (g) In paragraph 11: in the first paragraph, replace the words "Competent authority" with the words "Investigating authority"; in the second paragraph, replace the words "competent authority" with the words "investigating authority,". 22. In article 24: (a) in paragraph 1: replace the words "competent authority" with the words "body conducting investigations"; replace the words "competent authority" with the words "Customs Union Commission"; after the words "based on the report", add the words "the body conducting the investigation"; b) in paragraph 4, replace the words "established for the refund of customs payments by the legislation of the State of the Party whose customs authorities levied the provisional countervailing duty" with the words "defined in paragraph 6 of Article 28-1 of this Agreement"; c) Paragraphs 5, 6 and 7 should be worded as follows: "5. If, as a result of the investigation, a decision has been taken to apply a countervailing measure, the amounts of the preliminary countervailing duty from the date of entry into force of the decision to apply a countervailing measure taken as a result of the investigation shall be credited and distributed in accordance with the procedure specified in paragraph 5 of Article 28-1 of this Agreement, subject to the provisions of paragraphs 6 and 7 of this article. 6. If, as a result of the investigation, it is deemed appropriate to impose a lower rate of countervailing duty than the rate of the preliminary countervailing duty, the amounts of the preliminary countervailing duty corresponding to the amount of the countervailing duty calculated at the established rate of countervailing duty shall be credited and distributed in accordance with the procedure specified in paragraph 5 of Article 28-1 of this Agreement. The amounts of the provisional countervailing duty exceeding the amount of the countervailing duty calculated at the established countervailing duty rate shall be refunded to the payer in accordance with the procedure specified in paragraph 6 of Article 28-1 of this Agreement. 7. If, according to the results of the investigation, it is deemed appropriate to impose a higher rate of countervailing duty than the rate of the preliminary countervailing duty, the difference between the amounts of the countervailing duty and the preliminary countervailing duty will not be charged.". 23. In article 25: (a) in paragraph 1: in the first paragraph, after the words "suspended or terminated", the words "competent authority" should be deleted, after the words "upon acceptance", the words "competent authority" should be replaced with the words "Customs Union Commission", the word "im" should be replaced with the words "body conducting investigations"; in the second paragraph, the sign ";" should be replaced with the word "or"; in the third paragraph, replace the words "competent authority" with the words "body conducting investigations"; b) in paragraph 2: replace the words "competent authority" with the words "Commission of the Customs Union"; replace the word "he" with the words "body conducting investigations"; add a new second paragraph to read as follows: "The Commission of the Customs Union does not take a decision on approving the voluntary obligations of the exporter of the goods being the subject of investigation until the consent of the authorized body of the exporting foreign state is obtained for the acceptance by exporters of the obligations specified in paragraph three of paragraph 1 of this Article."; c) in paragraph 3: the words "competent authority" shall be replaced by the words "Commission of the Customs Union"; replace the word "he" with the words "body conducting investigations"; replace the words "Competent authority" with the words "Body conducting investigations"; d) in paragraphs 4 and 5, replace the words "Competent authority" with the words "Body conducting investigations"; e) in paragraph 6: the words "competent the words "competent authority" should be replaced by the words "Commission of the Customs Union"; the words "competent authority" should be replaced by the words "Commission of the Customs Union"; f) in paragraph 7: the words "competent authority" should be replaced by the words "body conducting investigations,"; the words "competent authority" should be replaced by the words "Commission of the Customs Union"; f) in paragraph 8: the words "competent authority" should be replaced by the words "body conducting investigations"; after the words "with their terms", add the words "and the provisions of this Agreement"; g) in paragraph 9: in the first paragraph, the words "Competent authority" should be replaced with the words "Body conducting investigations," the words "competent authority" should be replaced with the words "Commission of the Customs Union"; in the second paragraph, the word "Non-submission" should be replaced by the word "Non-submission", the words "competent authority" should be replaced by the words "body conducting investigations"; h) in paragraph 10: in the first paragraph, the words "competent authority" should be replaced by the words "Customs Union Commission", the word "final" should be deleted; in the second paragraph, the words "Exporting foreign State or exporter" should be replaced by the words "Exporting foreign State or exporter"; and) in paragraph 11: the words "competent authority" should be replaced by the words "Commission of the Customs Union"; Replace the words "or final" with the words "countervailing duty or". 24. In Article 26: a) in paragraph 1, the words "competent authority" should be replaced by the words "Commission of the Customs Union"; b) in paragraph 3: in the first paragraph, the words "competent authority" should be replaced by the words "Commission of the Customs Union"; the second paragraph should read as follows: "In respect of goods supplied by individual exporters, the Customs Union Commission may establish an individual rate of countervailing duty."; c) Paragraph 5 should be worded as follows: "5. When determining the rate of the countervailing duty, the opinions of consumers of the States of the Parties whose economic interests may be affected by the imposition of the countervailing duty, received in writing by the investigating authority, are taken into account.". 25. In article 27: (a) in paragraph 1: the words "competent authority" should be replaced by the words "Commission of the Customs Union"; b) in paragraph 3: in the first paragraph, the words "competent authority" should be deleted, the words "competent authority" should be replaced by the words "body conducting investigations"; Paragraphs five, six and seven should be worded as follows: "Until the completion of the repeated investigation conducted in accordance with the provisions of this paragraph, the application of the countervailing measure is extended by a decision of the Customs Union Commission. During the period for which the application of the relevant countervailing measure is extended, in accordance with the procedure established for the collection of preliminary countervailing duties, countervailing duties are paid at the rates of countervailing duties that were established in connection with the application of the countervailing measure, the validity of which is extended in connection with the conduct of a second investigation. If, according to the results of the repeated investigation, in connection with the expiration of the period of validity of the compensation measure, the investigating authority has established that there are no grounds for applying the compensation measure, the amounts of the compensation fee charged in accordance with the procedure established for the collection of preliminary compensation fees during the period for which the application of the compensation measure was extended shall be refunded to the payer in accordance with the procedure established for the collection of preliminary compensation fees during the period for which the application of the compensation measure was extended. in accordance with the procedure defined in paragraph 6 of Article 28-1 of this Agreement. The effect of the countervailing measure is extended by the Customs Union Commission if, based on the results of a repeated investigation in connection with the expiration of the countervailing measure, the investigating authority determines the possibility of resuming or continuing subsidized imports and causing damage to the economic sector of the Parties. 7. If, according to the results of the investigation, it is deemed appropriate to impose a higher rate of countervailing duty than the rate of the preliminary countervailing duty, the difference between the amounts of the countervailing duty and the preliminary countervailing duty will not be charged.". 23. In article 25: (a) in paragraph 1: in the first paragraph, after the words "suspended or terminated", the words "competent authority" should be deleted, after the words "upon acceptance", the words "competent authority" should be replaced by the words "Commission of the Customs Union", the word "im" should be replaced by the words "body conducting investigations,"; in the second paragraph, the sign ";" should be replaced with the word "or"; in the third paragraph, the words "competent authority" should be replaced with the words "body conducting investigations"; b) in paragraph 2: the words "competent authority" should be replaced with the words "Customs Union Commission"; the word "he" should be replaced with the words "body conducting investigations investigations,"; add a new second paragraph to read as follows: "The Commission of the Customs Union does not take a decision on approving the voluntary obligations of the exporter of the goods being the subject of investigation until the consent of the authorized body of the exporting foreign state is obtained for the acceptance by exporters of the obligations specified in paragraph three of paragraph 1 of this Article."; c) in paragraph 3: the words "competent authority" shall be replaced by the words "Commission of the Customs Union"; the word "he" should be replaced by the words "body conducting investigations,"; replace the words "Competent authority" with the words "Investigating authority"; d) in paragraphs 4 and 5, replace the words "Competent authority" with the words "Investigating authority"; e) in paragraph 6: replace the words "competent authority" with the words "Customs Union Commission"; the words "competent authority"replace with the words "Commission of the Customs Union"; f) in paragraph 7: replace the words "competent authority" with the words "body conducting investigations"; replace the words "competent authority" with the words "Commission of the Customs Union"; (e) In paragraph 8: replace the words "competent authority" with the words "investigating authority"; after the words "with their terms", add the words "and the provisions of this Agreement"; (g) In paragraph 9: in the first paragraph, replace the words "Competent authority" with the words "Investigating authority,", the words "competent authority" should be replaced by the words "Commission of the Customs Union"; in the second paragraph, the word "Non-submission" should be replaced by the word "Non-presentation", the words "competent authority" should be replaced by the words "body conducting investigations,"; h) in paragraph 10: in the first paragraph, the words "competent authority" should be replaced by the words "Customs Union Commission", the word "final" should be deleted; in the second paragraph, the words "Exporting foreign State or exporter" should be replaced by the words "Exporting foreign State or exporter"; i) in paragraph 11: the words "competent authority" replace the words "Customs Union Commission"; replace the words "or final" with the words "countervailing duty or". 24. In Article 26: a) in paragraph 1, the words "competent authority" should be replaced by the words "Commission of the Customs Union"; b) in paragraph 3: in the first paragraph, the words "competent authority" should be replaced by the words "Commission of the Customs Union"; the second paragraph should read as follows: "In respect of goods supplied by individual exporters, the Customs Union Commission may establish an individual rate of countervailing duty."; c) Paragraph 5 should be worded as follows: "5. When determining the rate of the countervailing duty, the opinions of consumers of the States of the Parties whose economic interests may be affected by the imposition of the countervailing duty, received in writing by the investigating authority, are taken into account.". 25. In article 27: (a) in paragraph 1: the words "competent authority" should be replaced by the words "Commission of the Customs Union"; b) in paragraph 3: in the first paragraph, the words "competent authority" should be deleted, the words "competent authority" should be replaced by the words "body conducting investigations"; Paragraphs five, six and seven should be worded as follows: "Until the completion of the repeated investigation conducted in accordance with the provisions of this paragraph, the application of the countervailing measure is extended by a decision of the Customs Union Commission. During the period for which the application of the relevant countervailing measure is extended, in accordance with the procedure established for the collection of preliminary countervailing duties, countervailing duties are paid at the rates of countervailing duties that were established in connection with the application of the countervailing measure, the validity of which is extended in connection with the conduct of a second investigation. If, according to the results of the repeated investigation, in connection with the expiration of the period of validity of the compensation measure, the investigating authority has established that there are no grounds for applying the compensation measure, the amounts of the compensation fee collected in accordance with the procedure established for the collection of preliminary compensation fees during the period for which the application of the compensation measure was extended shall be refunded to the payer in accordance with the procedure established for the collection of preliminary compensation fees during the period for which the application of the compensation measure was extended. in accordance with the procedure defined in paragraph 6 of Article 28-1 of this Agreement. The effect of the countervailing measure is extended by the Customs Union Commission if, based on the results of a repeated investigation in connection with the expiration of the countervailing measure, the investigating authority determines the possibility of resuming or continuing subsidized imports and causing damage to the economic sector of the Parties. From the date of entry into force of the decision of the Customs Union Commission on the extension of the countervailing measure, the amounts of countervailing duties levied in accordance with the procedure established for the collection of provisional countervailing duties during the period for which the application of the countervailing measure was extended shall be credited and distributed in accordance with paragraph 5 of Article 28-1 of this Agreement."; c) in In the first paragraph of paragraph 4, the words "competent authority" should be replaced by the words "body conducting investigations," the words "individual rate" should be replaced by the words "individual rate"; d) add paragraph 7 as follows: "7. A second investigation may also be conducted in order to determine the amount of the individual rate of countervailing duty for the exporter in respect of whom the countervailing measure is applied, but the investigation was not conducted for reasons other than refusal to cooperate. Such a re-investigation may be initiated by the investigating authority at the request of the said exporter.". 26. In article 28: (a) In paragraph 2, replace the words "competent authority" with the words "investigating authority"; b) paragraphs 4, 5 and 6 should be worded as follows: "4. For the period of the repeated investigation conducted in accordance with this Article, the Customs Union Commission may impose a countervailing duty levied in accordance with the procedure established for the collection of provisional countervailing duties on the components and (or) derivatives of goods that were the subject of subsidized imports imported into the single customs territory of the Customs Union from an exporting foreign state, as well as for the product that was the subject of subsidized imports, and (or) its components and (or) derivatives, imported into the single customs territory of the Customs Union from another exporting foreign state. 5. If, as a result of the repeated investigation conducted in accordance with this article, the investigating authority has not established a circumvention of the compensation measure, the amounts of compensation fee paid in accordance with this article, paid in accordance with the procedure established for the collection of preliminary compensation fees, shall be refunded to the payer in accordance with the procedure specified in paragraph 6 of Article 28-1 of this Agreements. 6. If a countervailing measure is established based on the results of a repeated investigation conducted in accordance with this Article, circumvention of the countervailing measure applied under this Agreement may be extended by the Customs Union Commission to the components and (or) derivatives of goods that were the subject of subsidized imports imported into the single customs territory of the Customs Union from an exporting foreign state, as well as to the product that was the subject of subsidized imports, and (or) its components and (or) derivatives, imported into the single customs territory of the Customs Union from another exporting foreign state. From the moment of entry into force of the decision of the Customs Union Commission on the introduction of the countervailing measure specified in this paragraph, the amounts of countervailing duties paid in accordance with the procedure established for the collection of provisional countervailing duties shall be credited and distributed in accordance with the procedure specified in paragraph 5 of Article 28-1 of this Agreement.". 27. Add article 28-1 as follows:
"Article 28-1 Payment (collection), crediting, distribution and refund of special protective, anti-dumping and countervailing duties
1. The terms used in this Article are used in the meanings defined by the Customs Code of the Customs Union and the Agreement on the Establishment and Application in the Customs Union of the Procedure for Crediting and Distributing Import Customs duties (other duties, taxes and charges having Equivalent Effect) dated May 20, 2010. 2. If the Customs Union Commission decides to apply a special protective, anti-dumping, countervailing measure by introducing a special, anti-dumping, countervailing duty when placing goods under customs procedures, the terms of which, in accordance with the customs legislation of the Customs Union, provide for compliance with restrictions in connection with the use of special protective, anti-dumping and countervailing measures, special, anti-dumping, countervailing duties in the manner prescribed for import customs duties, subject to the specifics established by this article. The calculation of special, anti-dumping, countervailing duties, the occurrence and termination of the obligation to pay these duties, the determination of the terms and procedure for their payment shall be carried out in accordance with the procedure provided for by the Customs Code of the Customs Union for import customs duties, taking into account the specifics established by this Article. There is no change in the payment dates for special, anti-dumping, or countervailing duties in the form of deferrals or installments. In case of non-payment or incomplete payment of special, anti-dumping, countervailing duties within the established time limits, their collection is carried out in accordance with the procedure provided for by the legislation of the State of the Party for import customs duties, the customs authority of which collects customs duties and taxes with the accrual of penalties. At the same time, the procedure for calculating, paying, collecting and refunding penalties is similar to the procedure established for penalties paid or collected in connection with non-payment or incomplete payment of import customs duties. The provisions of this paragraph shall apply to the calculation, payment and collection of preliminary special, preliminary anti-dumping, preliminary countervailing duties. 3. From the date of entry into force of the decision of the Customs Union Commission on the application of a special protective, anti-dumping, countervailing measure, the amount of special, anti-dumping, countervailing duties (with the exception of preliminary special, preliminary anti-dumping, preliminary countervailing duties), the obligation to pay which in respect of goods imported into the single customs territory of the Customs Union arose from the date of commencement of application these measures are to be credited and distributed to the budgets of the States of the Parties in accordance with the procedure and standards, specific Agreement on the Establishment and Application in the Customs Union of the procedure for Crediting and Distributing Import Customs duties (Other duties, taxes and Charges having Equivalent Effect) dated May 20, 2010. Special, anti-dumping, countervailing duties are subject to crediting in national currency to a single account of the authorized body of the State of the Party in which they are payable in accordance with the customs legislation of the Customs Union, including when collecting these duties. The authorized bodies of the States of the Parties separately take into account: - the amounts of receipts (refunds) of special, anti-dumping, countervailing duties; - the amounts of distributed special, anti-dumping, countervailing duties transferred to accounts in foreign currency of other states of the Parties; - the amounts of receipts credited to the budget of the state of the Party from the distribution by this state of the Party of special, anti-dumping, countervailing duties; - the amounts of special, anti-dumping, countervailing duties received by the budget of the State of the Party from other States of the Parties. The above-mentioned revenues are separately reflected in the budget performance reports of each of the Parties. The amounts of special, anti-dumping, and countervailing duties deposited into a single account of the authorized body of the State of the Party on the last business day of the calendar year of the State of the Party are reflected in the budget performance reports of the reporting year. The amounts of distributed special, anti-dumping, countervailing duties for the last business day of the calendar year of the State of the Party are transferred no later than the second business day of the current year of the State of the Party to the budget of this State of the Party and to accounts in foreign currency of other States of the Parties, and are also reflected in the budget performance reports of the reporting year. Revenues from the distribution of special, anti-dumping, and countervailing duties received by the budget of the State of the Party from authorized bodies of other States of the Parties for the last business day of the calendar year of other States of the Parties are reflected in the budget performance reports of the current year. Special, anti-dumping, countervailing duties are paid by payers to a single account of the authorized body of the state of the Party in which they are payable in accordance with the customs legislation of the Customs Union, separate settlement (payment) documents (instructions). Special, anti-dumping, countervailing duties cannot be offset against taxes and fees, as well as other payments. Taxes and fees, as well as other payments (with the exception of import customs duties, as well as export customs duties on crude oil and certain categories of goods produced from petroleum (petroleum products) exported outside the customs territory of the Customs Union) may be offset against the payment of special, anti-dumping, countervailing duties. the account of the authorized body of the state of the Party in which they are payable in accordance with the customs legislation of the Customs Union. The funds held in the unified account of the authorized body may not be levied in the order of execution of judicial acts or in any other way. 4. Preliminary special, preliminary anti-dumping, and preliminary countervailing duties are paid (collected) in the national currency to an account determined by the legislation of the State of the Party, the customs authorities of which collect preliminary special, preliminary anti-dumping, and preliminary countervailing duties. 5. In the cases established by this Agreement, the amounts of preliminary special, preliminary anti-dumping, preliminary countervailing duties paid (collected), as well as special, anti-dumping, countervailing duties paid in accordance with the procedure established for the collection of the relevant types of preliminary duties, shall be credited to special, anti-dumping, countervailing duties and credited to a single account of the authorized body of that state of the Party. in which they were paid, no later than 30 working days from the date of entry into force of the relevant decision of the Customs Union Commission on the application (extension, extension to components and (or) derivatives) of a special protective, anti-dumping, countervailing measure. 6. The refund to the payer of the amounts of preliminary special, preliminary anti-dumping, preliminary countervailing duties is carried out in the cases specified by this Agreement, in accordance with the procedure established by the legislation of the state of the Party in which the preliminary special, preliminary anti-dumping, preliminary countervailing duties were paid (collected). 7. The refund to the payer of the amounts of overpaid (collected) special, anti-dumping, countervailing duties is carried out from the unified account of the authorized body on the current day within the limits of the amounts of special, anti-dumping, countervailing duties received into the unified account of the authorized body and credited on the reporting day, taking into account the amounts of refund of special, anti-dumping, countervailing duties not accepted by the national (central) by the bank for execution on the reporting day. The refund to the payer of the amounts of overpaid (collected) special, anti-dumping, countervailing duties from the single account of the authorized body of the Republic of Kazakhstan is carried out on the reporting day within the limits of the amounts of special, anti-dumping, countervailing duties received (credited) to the single account of the authorized body of the Republic of Kazakhstan on the day of the refund. The amount of the refund of special, anti-dumping, countervailing duties to be refunded on the current day is determined before the distribution of the received special, anti-dumping, countervailing duties between the budgets of the States of the Parties. In case of insufficient funds for the refund of special, anti-dumping, countervailing duties in accordance with paragraphs one and two of this paragraph, the refund shall be carried out by the State of the Party on the following business days. Penalties (interest) for late repayment of special, anti-dumping, countervailing duties to the payer are paid to the payer from the budget of this State of the Party and are not included in the composition of special, anti-dumping, countervailing duties. 8. The procedure established by this Article for crediting and distributing between the Parties the amounts of special, anti-dumping, countervailing duties also applies to penalties. 9. The distribution of the amounts of special, anti-dumping, countervailing duties by the authorized body of the state of the Party between the states of the Parties is carried out on the next business day of the state of the Party after the reporting day on which the amounts of special, anti-dumping, countervailing duties are credited to the unified account of the authorized body. The total amount of special, anti-dumping, countervailing duties to be distributed to the budgets of the States of the Parties is determined by subtracting from the amount of special, anti-dumping, countervailing duties received (credited) on the reporting day, taking into account the settlement (payment) documents (instructions) not accepted by the national (central) bank for the transfer of refund amounts of special, anti-dumping, countervailing duties on the reporting day, the amounts of special, anti-dumping, countervailing duties to be refunded to payers on the current day. 10. The amounts of special, anti-dumping, countervailing duties to the States of the Parties are transferred by the authorized bodies of the States of the Parties to accounts in foreign currency of other states of the Parties on the next business day in the state of the Party after the day of crediting to the unified account of the authorized body. The settlement (payment) document (instruction) for the transfer of amounts of special, anti-dumping, countervailing duties to the states of the Parties must be sent by the authorized body to the national (central) bank for further transfer to accounts in foreign currency of other states of the Parties before 2 p.m. local time of the working day in the state of the Party following the day of crediting the amounts of special, anti-dumping and countervailing duties to a single account of the authorized body of the State of the Party. The specified settlement (payment) document (instructions) for the transfer shall specify the date for which the distribution of special, anti-dumping, countervailing duties is carried out, and the amount to be distributed between the budgets of the States of the Parties in the national currency. 11. The exchange of information between the authorized bodies of the states of the Parties necessary for the implementation of this Agreement is carried out in accordance with the decision of the Customs Union Commission defining the procedure, forms and terms of information exchange.". 28. In article 29: (a) in paragraph 1: replace the words "competent authority" with the words "body conducting investigations"; after the words "on its own initiative", the words "competent authority" should be deleted; b) in paragraph 2: subparagraph 2 should be worded as follows: "2) an association of manufacturers, whose members include manufacturers of a significant part, but not less than 25 percent of the total production of a similar or directly competing product (when applying for the application of a special protective measure) or a similar product (when applying for the application of an anti-dumping or countervailing measure) in the States of the Parties, or its authorized representatives representative"; add the following paragraph: "Authorized representatives of such manufacturers and associations must have duly executed powers, confirmed by documents, the originals of which are submitted to the investigating authority, together with the application."; c) in paragraph 3: in the first paragraph, after the word "support", the word "such" should be deleted; Subparagraph 1 should be worded as follows: "1) documents on joining the application of other producers of similar or directly competing goods in the States of the Parties, producing together with the applicant a significant part, but not less than 25 percent of the total production of similar or directly competing goods in the States of the Parties (when applying for the application of a special protective measure);"; d) in paragraph 4: in subparagraph 2, the words "States of the Parties" should be replaced by the words "Customs Union", the words "Commodity nomenclature of foreign economic activity of the Eurasian Economic Community" should be replaced by the words "unified Commodity nomenclature of foreign economic activity of the Customs Union"; in subparagraphs 5 and 6, the words "States of the Parties for the 3 years immediately preceding the filing date statements" should be replaced with the words "of the Customs Union for the previous period, as well as for the subsequent period for which representative statistical data are available at the date of filing the application"; e) Paragraph 5 should be worded as follows: "5. Along with the information specified in paragraph 4 of this article, depending on the measure proposed in the application, the applicant shall indicate: 1) evidence of increased imports of goods, evidence of serious damage to the economic sector of the States of the Parties or the threat of such damage due to increased imports of goods, a proposal to introduce a special protective measure indicating the size and duration of such a measure and an action plan for adapting the economic sector of the States of the Parties to work in conditions of foreign competition during the period of validity of the special protective measure proposed by the applicant (in the application for the application of a special protective measure); 2) information on the export price and the normal value of the goods, evidence of material damage or the threat of such damage or a significant slowdown in the creation of a branch of the economy of the States of the Parties as a result of dumping imports of goods, as well as a proposal to introduce an anti-dumping measure indicating its size and duration (in the application for the application of an anti-dumping measure); 3) information on the existence and nature of a specific subsidy from an exporting foreign state and, if possible, its amount, evidence of material damage or the threat of such damage or a significant slowdown in the creation of a branch of the economy of the States of the Parties as a result of subsidized imports of goods, as well as a proposal to introduce a compensatory measure indicating its size and duration (in the application for the application of a compensatory measure). Evidence of serious damage or threat of serious damage to the economic sector of the States of the Parties (in case of filing an application for an investigation, prior to the application of a special protective measure) and evidence of material damage or threat of material damage to a branch of the economy of the States of the Parties or a significant slowdown in the creation of a branch of the economy of the States of the Parties due to dumping imports or subsidized imports (in the application for the application of an antidumping measure or countervailing measure) should be based on objective factors that characterize the economic situation of the branch of the economy of the States of the Parties and they must be expressed in quantitative and (or) cost terms (including, the volume of production of goods and the volume of its sale, the share of goods in the market of the states of the Parties, the cost of production of goods, the price of goods, the degree of utilization of production facilities, labor productivity, the amount of profit, profitability of production, the volume of sales of goods, the volume of investments in the economic sector of the states of the Parties)."; (e) In paragraph 6, replace the words "in the competent authority" with the words "in the body conducting the investigation"; (e) in paragraph 8, replace the word "provided" with the word "submitted"; (g) In paragraph 9, the words "competent authority in Russian" should be replaced by the words "body conducting investigations in accordance with the provisions of paragraph 8 of Article 3 of this Agreement"; (h) in paragraph 11, the words "Competent authority" should be replaced by the words "Body conducting investigations"; and) in paragraph 12: the words Replace "Competent authority" with the words "Investigating authority"; replace the words "competent authority" with the words "investigating authority". 29. In article 30: (a) in paragraph 1, replace the words "Competent authority" with the words "Investigating authority"; (b) in paragraph 2, replace the words "competent authority" with the words "investigating authority"; (c) in paragraph 3, replace the words "competent authority" with the words "investigating authority investigations,"; d) add a new paragraph 3-1 as follows: "3-1. The date of publication of the notice of the beginning of the investigation on the official website of the Customs Union Commission is recognized as the date of the beginning of the investigation."; (e) In paragraph 4, replace the words "Competent authority" with the words "Investigating authority"; (e) Add a new paragraph 4-1 to read as follows: "4-1. The period of investigation preceding the application of a special protective, anti-dumping or countervailing measure shall be determined by the body conducting the investigation."; f) in paragraph 5: the first sentence should read as follows: "Interested parties have the right to declare their intention to participate in the investigation in writing and within the time period established in accordance with this Agreement."; replace the words "competent authority" with the words "to the body conducting investigations"; g) Paragraphs 7 and 8 should be worded as follows: "7. The investigating authority has the right to request additional information from the person concerned for the purposes of the investigation. The request is considered received by the interested party from the moment of its transfer to the authorized representative of the interested person or after 7 calendar days from the date of sending the request by mail. The response of the person concerned must be submitted to the investigating authority no later than 30 calendar days from the date of receipt of the request. Information provided by an interested person after the expiration of the specified period may not be taken into account by the investigating authority. At the reasoned and written request of the person concerned, the deadline for submitting a response may be extended by the investigating authority. 8. If an interested person refuses to provide the necessary information to the investigating authority, does not provide it within the prescribed time, or provides unreliable information, thus significantly complicating the investigation, such interested person is recognized as uncooperative, and preliminary or final conclusions may be made by the investigating authority based on the information available to it. information. Failure to provide the requested information in electronic form or in an electronic format specified in the request of the investigating authority should not be regarded by the investigating authority as non-cooperation, provided that the relevant interested person can prove that full compliance with the criteria for providing information specified in the request of the investigating authority is impossible or involves significant material costs. costs. If the investigating authority does not take into account the information provided by the person concerned for reasons other than those specified in the first paragraph of this paragraph, this person should be informed of the reasons and grounds for making such a decision and should be given the opportunity to submit his comments in this regard within the time limits determined by the investigating authority.. If the provisions of the first paragraph of this paragraph were applied and information was used, including information provided by the applicant, when preparing the preliminary or final conclusion of the body conducting the investigation, including determining the normal value of the goods (when conducting an anti-dumping investigation), then the information used in preparing such conclusions should be verified using available information obtained from third sources. or from interested parties, provided, that conducting such an inspection will not complicate the course of the investigation and will not lead to a violation of the deadlines for its conduct."; h) in paragraph 9: in the first paragraph, replace the words "Competent authority" with the words "Body conducting investigations"; in paragraphs two and three, replace the words "Competent authority" with the words "During the investigation, the body conducting investigations"; and) in paragraphs 10, 11 and 12, replace the words "competent authority" with the words "body conducting investigations"; k) in paragraphs 1 and 2 of paragraph 13, replace the words "competent authority" with the words "body conducting investigations"; k) add paragraphs 15 and 16 as follows: "15. The date of completion of the investigation is the date of consideration by the Commission of the Customs Union of the report on the results of the investigation and the draft decision of the Commission of the Customs Union specified in paragraph 6 of Article 3 of this Agreement. If the investigating authority has made a final conclusion that there are no grounds for applying, reviewing or canceling a special protective, anti-dumping or countervailing measure, the date of publication of the relevant notification by the investigating authority shall be recognized as the date of completion of the investigation. In the case of the introduction of a preliminary special duty, a preliminary anti-dumping duty or a preliminary countervailing duty, the investigation must be completed before the expiration of the relevant preliminary duty. 16. In the event that, during the two years immediately preceding the date of the start of the investigation, one manufacturer supported the application referred to in paragraph 1 of Article 29 of this Agreement (taking into account its entry into the group of persons in the understanding Agreement on Common Principles and Rules of Competition of December 9, 2010), accounts for such a share of production in the single customs territory of the Customs Union of a similar or directly competing product (during the investigation, prior to the application of a special protective measure) or a similar product (during an investigation prior to the application of an anti-dumping or countervailing measure), in which, in accordance with the methodology for assessing the state of competition approved by the decision of the Customs Union Commission, the position of this manufacturer (taking into account its entry into a group of persons) in the relevant commodity market of the Customs Union may be recognized as dominant, the authorized body in the field of monitoring compliance with the uniform rules of competition of the Single Economic Space at the request of the body, conducts an investigation, evaluates the consequences of the impact of a special protective, anti-dumping or countervailing measure on competition in the relevant commodity market of the Customs Union.". 30. In article 31: (a) in paragraph 1: replace the words "competent authority" with the words "body conducting investigations"; add the following paragraph: "At the same time, the minimum allowable dumping margin is understood as a dumping margin, the size of which does not exceed 2 percent."; b) Paragraph 2 should be worded as follows: "2. The volume of dumped imports from a certain exporting foreign state is insignificant if it amounts to less than 3 percent of the total volume of imports of the goods under investigation into the single customs territory of the Customs Union, provided that the exporting foreign states, the individual share of each of which in the total volume of imports is less than 3 percent of the total volume of imports of the goods, which is the object of investigation, to the single customs territory of the Customs Union, in total, no more than 7 percent of the total volume of imports of goods subject to investigation into the single customs territory of the Customs Union is accounted for."; c) in paragraph 3, replace the words "Competent authority" with the words "Body conducting investigations." 31. In Article 32: (a) in paragraph 1, replace the words "competent authority" with the words "body conducting investigations"; (b) in paragraph 2, replace the words "States of the Parties" with the words "Customs Union"; c) in paragraph 3: the words "unified system of preferences of the States of the Parties" should be replaced by the words "system of tariff preferences of the Customs Union"; the words "competent authority" should be replaced by the words "body conducting investigations"; the words "such a country" should be replaced by the words "such a foreign state"; after the words "customs territory", the words "states of the Parties" should be replaced by the words "Customs Union"; d) in paragraph 4, the words "Competent authority" should be replaced by the words "Body conducting investigations". 32. In article 33: a) Subparagraph 4 of paragraph 2 should be worded as follows: "4) individual producers of similar goods in the member States of the Customs Union and foreign producers, exporters or importers of goods that are the subject of investigation directly or indirectly control a third party, provided that the investigating authority has reason to believe that such a relationship is caused by the behavior of such producers that differs from unrelated persons."; b) in paragraph 4: in the first paragraph, after the words "customs territory", replace the words "States of the Parties" with the words "Customs Union"; in the second paragraph, replace the words "competent authority" with the words "body conducting investigations", replace the word "voluntary" with the word "appropriate", the words "States of the Parties" replace with the words "Customs Union".
33. In article 34: (a) in paragraph 1, replace the words "competent authority" with the words "investigating authority"; (b) in paragraph 2, replace the words "Competent authority" with the words "Investigating authority"; (c) in the second paragraph of paragraph 3, replace the words "competent authority" with the words "the body conducting the investigation,"; d) in paragraph 4, replace the words "to the competent authority" with the words "to the body conducting the investigation,". 34. In article 35: (a) in paragraph 1, replace the words "competent authority" with the words "investigating authority,"; b) in paragraph 2: in the first paragraph, replace the words "to the competent authority" with the words "to the body conducting investigations"; in the second paragraph, replace the words "by the competent authority" with the words "by the body conducting investigations"; c) in the second paragraph of paragraph 3, replace the words "by the competent authority" with the words "by the body, conducting investigations", replace the words "competent authority" with the words "body conducting investigations"; d) Paragraph 4 should be worded as follows: "4. The investigating authority shall verify the accuracy and reliability of the information provided by the persons concerned during the investigation. In order to verify the information provided during the investigation or to obtain additional information related to the ongoing investigation, the investigating authority may, if necessary, conduct an inspection on the territory of a foreign state, provided that the consent of the relevant foreign exporters and (or) manufacturers of the goods being investigated is obtained and there are no objections from the foreign State. the State that has been officially notified in advance of the upcoming investigation; in the territory of the State of the Party, subject to obtaining the consent of the relevant importers of the goods under investigation and (or) manufacturers of similar or directly competing goods and the absence of objections from the authorized body of the Party, which has been officially notified in advance of the upcoming inspection. The inspection is carried out after receiving answers to the lists of questions sent by the investigating authority in accordance with the provisions of paragraph 1 of this article, except in cases where a foreign manufacturer or exporter voluntarily agrees to conduct an inspection before sending such answers and in the absence of objection from the relevant foreign State. After obtaining the consent of the relevant participants in the investigation and before the start of the inspection, they are sent a list of documents and materials that must be submitted to the staff assigned to conduct the inspection. The investigating authority notifies the foreign State of the addresses and names of the foreign exporters or manufacturers that it is planned to inspect, as well as the dates of such inspections. During the verification, other documents and materials necessary to confirm the accuracy of the information provided in the responses to the questionnaire may also be requested. If, during the audit, the investigating authority intends to involve experts who are not employees of this authority for the purposes of such an audit, the participants in the investigation, in respect of whom verification actions are expected to be carried out, must be notified in advance of such a decision by the investigating authority. The participation of such experts in the audit is allowed only if it is possible to apply sanctions for violating the confidentiality of information received in connection with the audit."; e) in paragraph 5, replace the words "competent authority" with the words "body conducting investigations"; f) add paragraph 6 as follows: "6. The state authorities (administrations) of the States of the Parties are obliged to provide the body conducting investigations with the information necessary for the purposes of conducting investigations provided for in this Agreement upon appropriate requests. When providing the investigating authority with information constituting banking, tax, commercial and other legally protected secrets, with the exception of state secrets (state secrets), or information for official use, for the purposes of conducting an investigation, the investigating authority ensures the necessary level of confidentiality of the use of such information and the security of its storage. The information received is taken into account by the investigating authority during the investigation and when preparing proposals on its results.". 35. In article 36: (a) Paragraph 1 should be worded as follows: "The interested parties in the investigation are: 1) the manufacturer of a similar or directly competing product (during a special protective investigation) or a similar product (during an anti-dumping or countervailing investigation) in the States of the Parties; 2) an association of producers in the states of the Parties, the majority of whose participants are producers of similar or directly competing goods (during a special protective investigation) or similar goods (during an anti-dumping or countervailing investigation); 3) an association of manufacturers of the states of the Parties, whose participants produce more than 25 percent of the total production of a similar or directly competing product (during a special protective investigation) or a similar product (during an anti-dumping or countervailing investigation) in the states of the Parties; 4) the exporter, foreign producer or importer of the goods that are the subject of investigation, and an association of foreign producers, exporters or importers of goods, a significant part of whose participants are producers, exporters or importers of the goods from the exporting foreign state or the state of origin of the goods; 5) the authorized body of the exporting foreign state or the state of origin of the goods; 6) consumers of the goods that are the subject of investigation, if they use such goods in the manufacture of products, and associations of such consumers in the States of the Parties; 7) public associations of consumers, if the goods are primarily consumed by individuals."; b) in paragraph 2, replace the words "competent authority" with the words "body conducting investigations.". 36. In article 37: (a) in paragraph 1: in the first paragraph, replace the words "competent authority" with the words "investigating authority"; in the second paragraph, the words ", except in cases provided for by the legislation of the State of each of the Parties" should be deleted; b) in paragraph 3, the words "competent authority" should be replaced by the words "body conducting investigations"; c) Paragraph 4 should be worded as follows: "4. For disclosure, use for personal gain, or other misuse of confidential information provided to the investigating authority by applicants, participants in investigations, interested persons, or competent authorities of the States of the Parties for the purposes of conducting investigations, officials and employees of the investigating authority may be deprived of the privileges and immunities provided for by By the Convention on the Privileges and Immunities of the Eurasian Economic Community of May 31, 2001, and held accountable in accordance with the procedure and rules, approved by the Customs Union Commission. For the purposes of this article, the competent authorities of the States of the Parties shall mean the state authorities (administrations) and territorial (local) state authorities (administrations) of the member States of the Customs Union authorized in the field of customs, statistics, taxation, registration of legal entities and other areas, as well as diplomatic and trade missions of the States of the Parties in foreign countries. states. The procedure for the use and protection of confidential information in the body conducting investigations is approved by the Commission of the Customs Union.". 37. In article 38: (a) in paragraph 1, replace the words "competent authority" with the words "investigating authority"; (b) in paragraph 2, delete the words "competent authority". 38. In article 39: (a) replace the word "Notification" in the title with the word "Notifications"; (b) Paragraphs 1, 2, 3 and 4 should be worded as follows: "1. Notices of decisions taken in connection with investigations are published by the investigating authority on the official website of the Customs Union Commission. Such notifications are also sent to the authorized body of the exporting foreign State and other interested persons known to the investigating authority. 2. The notification of the beginning of the investigation must contain: 1) a full description of the goods that are the subject of the investigation; 2) the name of the exporting foreign country; 3) a summary of the facts confirming the expediency of making a decision to initiate an investigation.; 4) evidence of increased imports into the single customs territory of the Customs Union (when deciding to initiate a special protective investigation); 5) a summary of the facts indicating the presence of serious damage or threat of serious damage to the economic sector of the Parties (when deciding to initiate a special protective investigation); 6) a summary of the grounds for a positive conclusion on the presence of dumped or subsidized imports (when deciding whether to initiate an anti-dumping or countervailing investigation); 7) a summary of the facts indicating the existence of material damage or the threat of material damage to the economic sector of the States of the Parties or a significant slowdown in the creation of the economic sector of the States of the Parties (when deciding to initiate an anti-dumping or countervailing investigation); 8) an address to which interested persons can send their opinions and information related to the investigation; 9) a period of at least 30 calendar days during which interested persons can declare their intention to participate in the investigation.; 10) a period of at least 60 calendar days, during which the participants in the investigation may request a public hearing; 11) a period of at least 90 calendar days, during which interested persons may submit in writing their comments and information related to the investigation. 3. The notification of the introduction of a preliminary special, preliminary anti-dumping or preliminary countervailing duty must contain an explanation of the preliminary conclusion of the investigating authority on the presence of increased imports and the resulting serious damage or threat of such damage to the economic sector of the Parties, the presence of dumped or subsidized imports and the resulting material damage, the threat of such damage or a significant slowdown in the creation of sectors of the economy of the States of the Parties, as well as an indication of the facts, on the basis of which it was decided to introduce a preliminary special, preliminary anti-dumping or preliminary countervailing duty. The notification of the introduction of a preliminary anti-dumping or preliminary countervailing duty must also contain the following information: 1) the name of the exporter of the goods being investigated, or, if these data cannot be provided, the name of the exporting foreign state; 2) a description of the goods being investigated that is sufficient for customs clearance purposes.; 3) the grounds for a positive conclusion on the presence of dumped imports, indicating the size of the dumping margin and a description of the grounds for choosing a methodology for calculating and comparing the normal cost of goods and their export price (when a preliminary anti-dumping duty is imposed); 4) the grounds for a positive conclusion on the presence of subsidized imports, describing the fact of the subsidy and indicating the calculated amount of subsidy for a unit of goods (with the introduction of a preliminary countervailing duty); 5) the grounds for establishing the existence of material damage, the threat of causing such damage, or a significant slowdown in the creation of a branch of the economy of the States of the Parties; 6) the grounds for establishing a causal relationship between dumped or subsidized imports and material damage, the threat of causing such damage, or a significant slowdown in the creation of a branch of the economy of the States of the Parties. 4. The notification of the results of the special protective investigation must contain the main conclusions drawn by the investigating authority based on the analysis of the information at its disposal, and be published by the investigating authority within 3 working days from the date of completion of the investigation, but no later than the date of publication of the decision of the Customs Union Commission on the introduction and application or on the revision of a special protective measure or on the cancellation of a special protective measure in accordance with the provisions of Article 40 of this Agreement."; c) in paragraph 5: the first paragraph should be worded as follows: "5. The notification of the completion of the investigation, based on the results of which the investigating authority has concluded that there are grounds for imposing an anti-dumping or countervailing duty or that it is appropriate to approve the relevant obligations, shall be published within 3 working days from the date of completion of the investigation, but no later than the date of publication of the relevant decision of the Customs Union Commission and shall contain:"; In subparagraph 1, the words "competent authority" should be replaced by the words "body conducting investigations"; in subparagraph 2, the words "such a decision has been made" should be replaced by the words "such a conclusion has been made"; d) in paragraph 6, the word "voluntary" should be replaced by the word "appropriate". 39. In article 40: (a) in paragraph 1: in the first paragraph, replace the words "Competent authority" with the words "Customs Union Commission"; in the second paragraph, replace the words "such measures" with the words "such measures"; b) Paragraph 2 should be worded as follows: "2. The conclusion on the expediency of applying a special protective, anti-dumping or countervailing measure should be based on the results of a combined assessment of the interests of the economic sector of the States of the Parties, consumers of the goods under investigation if they use such goods in the manufacture of products, and associations of such consumers in the States of the Parties, public associations of consumers if the goods are primarily consumed by individuals, and importers of this product. However, such a conclusion may be made only after the said persons have been given the opportunity to submit their comments on the matter in accordance with the provisions of paragraph 3 of this article. When preparing such an opinion, special importance should be given to the need to eliminate the distorting effect of increased, dumped or subsidized imports on the normal course of trade and competition in the relevant commodity market of the States of the Parties and the situation of the economic sector of the States of the Parties. The final decision of the Customs Union Commission provided for in paragraph 1 of this Article is made on the basis of an opinion prepared by the investigating authority based on the results of an analysis of all information provided by interested parties."; c) add paragraph 3 as follows: "3. For the purposes of applying the provisions of paragraph 1 of this Article, producers of similar or directly competing goods (when conducting a special protective investigation) or similar goods (when conducting an anti-dumping or countervailing investigation) in the States of the Parties, their associations, importers and associations of importers of goods that are the subject of investigation, consumers of goods that are the subject of investigation, if they use such goods in the manufacture of products, and associations of such consumers in the States of the Parties, Public associations of consumers, if the goods are primarily consumed by individuals, have the right to submit their comments and information on this issue within the period specified in the notification published in accordance with paragraph 2 of Article 39 of this Agreement. Such comments and information or their non-confidential version, as appropriate, should be submitted for review to other interested persons specified in this paragraph, who are entitled to submit their response comments. Information provided in accordance with the provisions of this paragraph should be taken into account regardless of its source, provided there are objective facts confirming its reliability. If the Commission of the Customs Union makes a decision provided for in paragraph 1 of this Article, the body conducting the investigation shall ensure the publication of a notice that should contain an explanation of the reasons for the decision of the Commission of the Customs Union not to apply a special protective, anti-dumping or countervailing measure, indicating the facts and conclusions on the basis of which such a decision was made.". 40. Article 41 should be worded as follows:
"Article 41 Dispute resolution
Disputes between the Parties related to the interpretation and/or application of the provisions of this Agreement are primarily resolved through negotiations and consultations. If the dispute is not settled by the parties to the dispute through negotiations and consultations within 60 calendar days from the date of the official written request for their holding sent by one of the parties to the dispute to the other party to the dispute, then in the absence of any other agreement between the parties to the dispute regarding the method of its resolution, either party to the dispute has the right to apply to the Court of the Eurasian Economic Community." 41. The first and final provision of article 43 should be supplemented with a new second paragraph as follows: "Paragraph 16 of Article 30 of this Agreement shall apply from the date of transfer to the Customs Union Commission of the powers to monitor compliance with the uniform rules of competition in accordance with the Agreement on Uniform Principles and Rules of Competition dated December 9, 2010.". 42. In the final provisions of the Agreement, the words "the Integration Committee of the Eurasian Economic Community, which" should be replaced by the words "the Commission of the Customs Union, which".
I hereby certify that this text is a complete and authentic copy of the Protocol on Amendments and Additions to the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries dated January 25, 2008, signed on October 18, 2011 in St. Petersburg: for the Republic of Belarus - Deputy Prime Minister of the Republic of Belarus S.N. Rumas; for the Republic of Kazakhstan - First Deputy Prime Minister of the Republic of Kazakhstan U.E. Shukeyev; for the Russian Federation - I.I. Shuvalov, First Deputy Chairman of the Government of the Russian Federation.
The original copy is kept in the Commission of the Customs Union.
Associate Director Legal Department of the Commission's Secretariat Customs Union M.I. Khalimov
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
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
