On the ratification of the Agreement on the Procedure for the Application of Special Protective, Anti-dumping and Countervailing Measures during the Transition Period

Home / RLA / On the ratification of the Agreement on the Procedure for the Application of Special Protective, Anti-dumping and Countervailing Measures during the Transition Period

The Law of the Republic of Kazakhstan dated July 8, 2011 No. 459-IV.

RCPI's note! The Agreement 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 the Agreement on the Procedure for the Application of Special Protective, Antidumping and Countervailing Measures during the Transition Period, signed in St. Petersburg on November 19, 2010.

President

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT on the procedure for the application of special protective, Antidumping and Countervailing measures during the Transition period (Entered into force on January 20, 2012 - Bulletin of International Treaties of the Republic of Kazakhstan 2012, No. 1, art. 19)

The Governments of the member States of the Customs Union within the framework of the EurAsEC, hereinafter referred to as the Parties,

in order to coordinate the application of special protective, anti-dumping and countervailing measures in trade with third countries and to determine the procedure for crediting and distributing special, anti-dumping and countervailing duties,

Desiring to ensure the protection of national production, the creation of conditions conducive to the development of competition between national and foreign producers, as well as to increase the competitiveness of national products,

Guided by the provisions of the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries of January 25, 2008, 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 Significance) of May 20, 2010 and other documents forming the legal framework of the Customs Union, as well as generally accepted norms and principles of international law,

have agreed on the following:

Article 1

Special protective, anti-dumping and countervailing measures applied in accordance with the legislation of the member States of the Customs Union in respect of imports of goods from third countries into the territory of the member States of the Customs Union are subject to review in order to establish the share of production of national producers of similar (for the purposes of anti-dumping and countervailing investigations) or similar or directly competing goods (for the purposes of special protective investigation), for which damage or threat of damage has been identified, in the total volume of production of the member States of the Customs Union.

The volume of production of similar (for the purposes of anti-dumping and countervailing investigations) or similar or directly competing goods (for the purposes of a special protective investigation) is defined as the volume of goods produced in the three calendar years immediately preceding the date of signing this Agreement.

Such a review is carried out by the authorized bodies of the member States of the Customs Union in whose territory the relevant measure was introduced, with simultaneous notification to all interested parties.

For the purposes of this Agreement, the authorized bodies of the member States of the Customs Union are understood to be the national authorities responsible for conducting investigations prior to the introduction of special protective, anti-dumping and countervailing measures, in accordance with the legislation of the member States of the Customs Union.

Article 2

If, based on the results of the review of the special protective, anti-dumping or countervailing measure referred to in Article 1 of this Agreement applied to imports of goods from third countries into the territory of a member State of the Customs Union, it is established that the share of national producers of similar (for the purposes of anti-dumping and countervailing investigations) or similar or directly competing goods (for for the purposes of a special protective investigation) accounts for a significant part of, but not less than 25 percent of the total production of the member States of the Customs Union, such a measure is applied to imports of goods from third countries into the single customs territory of the Customs Union on the basis of a relevant decision of the Customs Union Commission before the expiration of the measure established by the Party that adopted such a measure.

From the date of entry into force of the decision of the Customs Union Commission on the introduction of a special protective, anti-dumping or countervailing measure in the single customs territory of the Customs Union, a second investigation may be conducted on the initiative of the competent authority or at the request of an interested person in accordance with the Agreement on the Application of Special Protective, Anti-Dumping and Countervailing Measures in relation to to third countries dated January 25, 2008.

The provisions of paragraph 4 of Article 17 and paragraph 4 of Article 27 of the Agreement on the Application of Special Protective Anti-Dumping and Countervailing Measures against Third Countries of January 25, 2008, defining the minimum period after which a repeated anti-dumping or Countervailing investigation may be initiated, shall not apply to repeated investigations specified in the second paragraph of this article.

A repeated special protective, anti-dumping or countervailing investigation into a measure introduced in the single customs territory of the Customs Union based on the results of a review is carried out by the authorized body of the member State of the Customs Union that reviewed the relevant national measure.

Article 3

The authorized body of a member State of the Customs Union conducting the review of special protective, anti-dumping and countervailing measures specified in Article 1 of this Agreement applied to the import of goods from third countries into the territory of this state shall submit the results of such review to other authorized bodies of the member States of the Customs Union for consideration.

The authorized body of a member State of the Customs Union, when reviewing special protective, anti-dumping and countervailing measures applied to imports of goods from third countries into the territory of this state, ensures its publicity and transparency and provides an opportunity for interested parties to provide their comments on this issue in accordance with the legislation of the member State of the Customs Union, whose authorized body conducts this review.

Article 4

From the date of entry into force of the decision of the Customs Union Commission on the application of a special protective, anti-dumping and countervailing measure in the single customs territory of the Customs Union, the relevant national measure ceases to be effective.

Article 5

If, as a result of the review of the special protective, anti-dumping or countervailing measure specified in Article 1 of this Agreement with respect to imports of goods from third countries into the territory of a member State of the Customs Union, it is established that the share of national producers of similar (for the purposes of anti-dumping and countervailing investigations) or similar or directly competing goods (for the purposes of special protective investigations) account for less than 25 percent of the total production of the member States of the Customs Union, then such a measure may be valid until the end of its validity period in accordance with the legislation of the relevant member State of the Customs Union without extension.

Article 6

Special protective, anti-dumping and countervailing measures based on the results of investigations completed before the date of signing this Agreement are introduced in accordance with the legislation of the member States of the Customs Union and are subject to revision in accordance with the provisions of Articles 1, 2, 3, 5 of this Agreement.

Investigations not completed by the Parties before the date of signing this Agreement are completed by the authorized bodies of the member States of the Customs Union in accordance with the provisions of the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries dated January 25, 2008.

The authorized body of the member State of the Customs Union conducting the investigation establishes the share of producers of the member States of the Customs Union of similar (for the purposes of anti-dumping and countervailing investigations) or similar or directly competing goods (for the purposes of a special protective investigation) that supported the application in the total production of the member States of the Customs Union. The investigation continues if, as a result, it is established that such producers of similar (for the purposes of anti-dumping and countervailing investigations) or similar or directly competing goods (for the purposes of a special protective investigation) account for at least 25 percent of the total production of the member States of the Customs Union.

Article 7

During the review in accordance with the provisions of Articles 1, 2, 3 of this Agreement and (or) after the introduction of special protective, anti-dumping and countervailing measures in the single customs territory of the Customs Union:

The Parties shall consult with national consumers and producers of similar (for the purposes of anti-dumping and countervailing investigations) or similar or directly competing goods (for the purposes of a special protective investigation);

The parties provide an opportunity for consultations between consumers and producers on issues related to the introduction of such measures in the single customs territory of the Customs Union.;

each of the Parties provides consumers of other member States of the Customs Union with non-discriminatory conditions of access to goods produced in the territory of the State of such Party, in respect of which the Parties introduce such measures in the single customs territory of the Customs Union.

At the suggestion of the interested Party, the Customs Union Commission considers issues related to the application of this Article and makes the necessary decisions in accordance with the rules and procedures of the Customs Union Commission.

Article 8

During the review in accordance with the provisions of Articles 1, 2, and 3 of this Agreement, the Customs Union Commission shall ensure consultations with foreign States and exporters whose interests are affected by the review.

Article 9

Investigations, including repeated ones, are conducted by the authorized bodies of the member States of the Customs Union, including on their own initiative, in accordance with the provisions of the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries dated January 25, 2008, before the Commission of the Customs Union makes an appropriate decision. At the same time, applications for conducting such investigations are submitted to the authorized bodies of the member States of the Customs Union on behalf of the economic sector of the member States of the Customs Union in accordance with the provisions of the Agreement specified in this Article.

An application for the application of a special protective, anti-dumping or countervailing measure, as well as an application for a repeated special protective, anti-dumping or countervailing investigation, is submitted to the authorized body of the member State of the Customs Union in whose territory manufacturers of similar or directly competing goods are registered (for the purposes of a special protective investigation) or similar goods (for the purposes of anti-dumping and countervailing investigations).

If manufacturers are registered in more than one member State of the Customs Union, such an application is submitted to the authorized body of the member State of the Customs Union, in whose territory manufacturers are registered, which account for the majority of the total production volume of a similar or directly competing product, respectively, or a similar product of manufacturers who submit or on behalf of which the application is being submitted for.

The Commission of the Customs Union approves the regulations for conducting investigations by the authorized bodies of the member States of the Customs Union prior to the introduction of special protective, antidumping and countervailing measures, and submitting proposals based on the results of investigations to the Commission of the Customs Union.

The procedure for generating information used for the purposes of investigations preceding the introduction of special protective, anti-dumping and countervailing measures against third countries is determined by the Parties separately.

When conducting investigations and revisions of special protective, anti-dumping and countervailing measures introduced in the single customs territory of the Customs Union, the authorized bodies of the member States of the Customs Union ensure the publicity and transparency of the procedures carried out, and also provide an opportunity for interested persons to provide their comments to the investigating authorized body of the member State of the Customs Union in accordance with the Agreement on the Application of Special Protective Measures., anti-dumping and countervailing measures against third countries dated January 25, 2008.

Article 10

State authorities (administrations) of the member States of the Customs Union authorized in the field of customs affairs, state statistics, taxation and registration of legal entities, other state authorities (administrations) of the member States of the Customs Union and territorial (local) state authorities (administrations) assist in conducting investigations of goods from third countries and provide the authorized bodies of the member States of the Customs Union with the information necessary for conducting investigations., including those containing confidential information.

Information provided to the authorized bodies of the member States of the Customs Union may be used only for the purposes for which such information was requested.

Article 11

Information submitted by an interested person to the authorized body of the member States of the Customs Union is considered confidential when this person submits justifications indicating, among other things, that disclosure of such information will provide a competitive advantage to a third party or entail adverse consequences for the person who provided such information or for the person who has such information has been received.

Confidential information is not disclosed without the permission of the person who submitted it, except in cases provided for by the legislation of the state of each of the Parties.

Confidential information obtained during the investigation is subject to protection in accordance with the national legislation of the member States of the Customs Union.

Interested parties presenting confidential information are required to provide a non-confidential version of such information along with it. The non-confidential version should be detailed enough to understand the substance of the information provided in confidential form.

In exceptional cases, interested parties may provide justifications for the impossibility of presenting confidential information in a non-confidential form, stating the reasons why it is impossible to present a non-confidential version.

If the authorized body of the member States of the Customs Union determines that the justifications provided by the interested person do not allow the submitted information to be classified as confidential information, or the interested person who has not provided a non-confidential version of the confidential information does not provide a justification for the impossibility of presenting confidential information in a non-confidential form or provides information that is not a justification for the impossibility of presenting confidential information. information in a non-confidential form, The authorized body of the member States of the Customs Union may not take this information into account.

Officials of the authorized body of the member States of the Customs Union and other persons having access to confidential information are responsible for the disclosure of confidential information provided for by the legislation of the State where the authorized body is located.

Article 12

Prior to the introduction by the Customs Union Commission of special protective, anti-dumping and countervailing measures in respect of imports of goods from third countries into the single customs territory of the Customs Union, the member States of the Customs Union shall apply special protective, anti-dumping and countervailing measures introduced earlier in accordance with the legislation of the member States of the Customs Union, unless otherwise provided by this Agreement and the decisions of the Commission The Customs Union.

Article 13

Payment of special protective, anti-dumping and countervailing duties, including preliminary (temporary) special protective, anti-dumping and countervailing duties established at the national level, is carried out in accordance with the national legislation of the member State of the Customs Union, by whose decision these duties are applied.

Article 14

From the date of entry into force of the decision of the Customs Union Commission on the application of special protective, anti-dumping and countervailing measures, the amounts of special, anti-dumping and countervailing duties (with the exception of preliminary special, anti-dumping and countervailing duties) shall be credited and distributed in accordance with the procedure established 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 distribution of import customs duties (other duties, taxes and charges, having an equivalent effect) dated May 20, 2010 and stipulated for import customs duties.

Special, anti-dumping and countervailing duties cannot be offset against other payments.

Taxes and fees, as well as other payments (with the exception of import customs duties) received into a single account of the state body providing cash services for the execution of the budget of a member State of the Customs Union, may be offset against the payment of special, anti-dumping and countervailing duties.

Payment of preliminary special, anti-dumping and countervailing duties is carried out in accordance with the national legislation of the member State of the Customs Union.

From the date of entry into force of the decision of the Customs Union Commission on the application of a special protective, anti-dumping or countervailing measure based on the results of an appropriate investigation of the amount of the paid preliminary special, anti-dumping or countervailing duty (in whole or in part in cases established by the Agreement on the Application of Special Protective, Anti-dumping and Countervailing Measures in relation to Third Countries dated January 25, 2008) to be credited and distributed in the following order, as 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 and stipulated for import customs duties.

If, according to the results of the investigation, it is established that there are no grounds for the introduction of a special, anti-dumping or countervailing measure, the amounts of the paid preliminary special, anti-dumping or countervailing duty are subject to refund to the payer.

The refund (in whole or in part, in cases established by the Agreement on the Application of Special Protective, Anti-Dumping and Countervailing Measures against Third Countries of January 25, 2008) of funds deposited for the payment of preliminary special, anti-dumping and countervailing duties, taken in accordance with the preliminary results of the investigation, is carried out in accordance with the procedure established by the legislation of the State-a member of the Customs Union whose customs authorities have levied a preliminary special, anti-dumping or countervailing duty.

If, as part of the re-investigation, the application of the relevant measure is temporarily extended due to the expiration of the anti-dumping or countervailing measure, the anti-dumping and countervailing duties applied until the end of such re-investigation shall be paid in accordance with the procedure established by this Agreement for the payment of preliminary anti-dumping and countervailing duties.

If, according to the results of the repeated investigation, for the duration of which the application of an anti-dumping or countervailing measure was extended, it is established that there are no grounds for extending the validity of the relevant measure, the amounts of anti-dumping or countervailing duties collected during the period for which the application of the relevant measure was extended shall be refunded to the payer in accordance with the procedure established for the return of preliminary anti-dumping and countervailing duties.

The refund to the payer of excessively paid (excessively collected) special, anti-dumping and countervailing duties is carried out from a single account of the body providing cash services for the execution of the budget of a member state of the Customs Union, in accordance with the procedure established for the refund of excessively paid amounts of customs duties by the legislation of the member state of the Customs Union, the customs authorities of which levied a special, anti-dumping or countervailing duty, taking into account the features, established by 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 for the refund of import customs duties.

Article 15

The Parties shall determine the procedure for the Commission of the Customs Union to carry out investigative functions, including by establishing and (or) determining the appropriate body of the Commission of the Customs Union and the procedure for dealing with confidential information.

Article 16

The court with the authority to consider claims of authorized bodies and business entities of third countries, as well as business entities of the member States of the Customs Union, is determined by a separate international agreement.

Disputes and disagreements between the Parties related to the interpretation and/or application of this Agreement are resolved through consultations or negotiations between the Parties concerned. In case of failure to reach an agreement, the dispute is referred to the Court of the Eurasian Economic Community on the initiative of any of the interested Parties.

Article 17

By agreement of the Parties, amendments may be made to this Agreement, which are formalized in separate protocols.

Article 18

This Agreement is temporarily applied from the date of signature, is subject to ratification and enters into force from the date of receipt by the depositary of the last instrument of ratification.

Done in St. Petersburg on November 19, 2010, in one original copy in Russian.

The original copy of these Agreements is kept in the Commission of the Customs Union, which, being the depositary of this Agreement, will send each Party a certified copy of it.

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