On the ratification of the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures in Relation to Third Countries

The Law of the Republic of Kazakhstan dated March 21, 2009 No. 142-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 Application of Special Protective, Anti-Dumping and Countervailing Measures against Third Countries, signed in Moscow on January 25, 2008.  

President  

Republic of Kazakhstan

N. Nazarbayev

AGREEMENT on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries (Bulletin of International Treaties of the Republic of Kazakhstan, 2010, No. 5, Article 37) (Entered into force on July 1, 2010)

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

     have agreed on the following:

     The footnote. The preamble as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

I. General provisions

Article 1 Scope of application  

      1. This Agreement regulates relations arising in connection with the introduction and application of special protective, anti-dumping and countervailing measures in respect of goods originating from foreign countries and destined for the single customs territory of the Customs Union.  

     2. This Agreement does not regulate relations related to the provision of services, the performance of works, the transfer of exclusive rights to intellectual property objects or the granting of the right to use intellectual property objects, investments, currency and export control.

     The footnote. Article 1 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 1-1 Legal framework of the Customs Union on 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.

     The footnote. The Agreement is supplemented by Article 1-1 in accordance with the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

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 commitments made by the exporter.;

     "anti-dumping duty" is a duty that is applied when an anti-dumping measure is imposed and is levied by the customs authorities of the States of the Parties, regardless of the import customs duty.;

     "dumping margin" is the percentage ratio of the normal value of a product minus the export price of such a product to its export price, or the difference between the normal value of a product and its export price, expressed in absolute terms;

     "import quota" is a restriction on the import of goods into the single customs territory of the Customs Union with respect to their quantity and (or) value.;

     "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" are persons who meet one or more of the following criteria:

     Each of these persons is an employee or head of an organization created with the participation of another person.;

     The persons are business partners, that is, they are bound by contractual relations, act in order to make a 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;

     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 individual to determine decisions made by a legal entity through one or more of the following actions:

     - performing the functions of its executive body;

     - obtaining the right to determine the conditions for conducting business activities of a legal entity;

     - disposal 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 upon the introduction of a special protective measure and is levied by the customs authorities of the States of 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" is 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 causing material damage to the economic sector of the States of the Parties, confirmed by evidence;

     "threat of causing serious damage to the economic sector of the States of the Parties" - the inevitability of causing 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.

     The footnote. Article 2 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

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 shall act within the limits of the powers granted to it by this Agreement and 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 shall submit 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 cancelling 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.

     Russian Russian translation 8. Evidence, information, and correspondence related to investigations must be submitted to the investigating authority in Russian, and original documents written in a foreign language must be accompanied by a Russian translation certifying the submitted translation.

     The footnote. Article 3 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

II. Special protective measures

Article 4 General principles of the application of a special protective measure  

      1. A special protective measure may be applied to a product only if, based on the results of an investigation, it is established that the import of this product into the single customs territory of the Customs Union is carried out in such increased quantities (in absolute or relative terms to the total volume of production in the States of the Parties of a similar or directly competing product) and on such conditions, that this causes serious damage to the economic sector of the States of the Parties or creates a threat of causing such damage.  

      2. A special protective measure is applied to goods imported into the single customs territory of the Customs Union from an exporting foreign country, regardless of its country of origin, with the exception of goods originating from a developing country. - a user of the Customs Union's tariff preference system, if the share of imports of this product from such a country does not exceed 3 percent of the total volume of imports of this product into the single customs territory of the Customs Union, provided that the total share of imports of this product from developing countries, each of which accounts for no more than 3 percent of total imports the import of this product into the single customs territory of the Customs Union does not exceed 9 percent of the total volume of imports of this product into the single customs territory of the Customs Union.

     The footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 5 Determination of serious damage to the economic sector of States  Parties or the threat of such damage due to increased imports  

      1. In order to establish serious damage to the economic sector of the States of the Parties or the threat of such damage due to increased imports into the single customs territory of the Customs Union, the investigating authority, during the investigation, evaluates objective factors that can be expressed in quantitative terms and have an impact on the economic situation of the economic sector of the States of the Parties, including:  

      1) the rate and volume of import growth of the goods under investigation, in absolute terms and relative terms to the total volume of production or consumption in the States of the Parties of a similar or directly competing product;  

      2) the share of imported goods that are the subject of investigation in the total sales of these goods and similar or directly competing goods on the market of the States of the Parties;  

      3) the price level of imported goods that are the subject of investigation, in comparison with the price level of similar or directly competing goods produced in the States of the Parties;  

      4) changes in the volume of sales in the market of the States of the Parties of similar or directly competing goods produced in the states of the Parties;  

      5) changes in the volume of production of a similar or directly competing product, productivity, capacity utilization, the amount of profit and loss, as well as the level of employment in the economic sector of the States of the Parties.  

      2. Serious damage to the economic sector of the States of the Parties or the threat of such damage due to increased imports should be established on the basis of the results of an analysis of all evidence and information relevant to the case and available to the investigating authority.  

     3. The investigating authority, in addition to increased imports, analyzes other known factors that cause serious damage to the economic sector of the States of the Parties during the same period or create a threat of such damage. The specified damage should not be attributed to damage to the economic sector of the States of the Parties due to increased imports into the single customs territory of the Customs Union.

     The footnote. Article 5 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

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 duty exceeding the amount of the special duty calculated at the established rate of the special duty shall be refunded to the payer in accordance with the procedure specified in paragraph 6 of Article 28-1 of this Agreement.

     7. If, as a result 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.

     The footnote. Article 6 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 7 Application of a special protective measure  

      1. A special protective measure shall be applied by decision of the Customs Union Commission in the amount and for the period necessary to eliminate serious damage to the economic sector of the States of the Parties or the threat of such damage, as well as to facilitate the process of adaptation of the economic sector of the States of the Parties to changing economic conditions.  

     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 among exporting foreign countries, those of them who are interested in delivering the goods under investigation to the single customs territory of the Customs Union are given the opportunity to consult on the distribution of the import quota between them.

     4. If it is not possible to hold consultations provided for in paragraph 3 of this Article or an agreement on such distribution has not been reached during their conduct, the import quota shall be distributed among exporting foreign states interested in exporting to the single customs territory of the Customs Union the goods that are the subject of investigation in the proportion formed when importing this product from of these exporting foreign countries for the 3 years preceding the date of filing the application for an investigation, based on the total volume of imports of such goods in quantitative or monetary terms.

     This takes into account any special factors that could or may affect the course of trade in this product.

     5. If, in percentage terms, the increase in imports of goods subject to investigation from individual exporting foreign countries has increased disproportionately in relation to the total increase in imports of such goods in the 3 years preceding the date of filing an application for an investigation, for which statistics are available, The Customs Union Commission may distribute the import quota among such exporting foreign States, taking into account the absolute and relative growth rates of imports of this product into the single customs territory of the Customs Union from such exporting foreign States.

     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.

      6. The import of goods in respect of which a decision has been taken to establish an import quota as a special protective measure into the single customs territory of the Customs Union is carried out on the basis of a license issued in accordance with the procedure established for goods subject to quantitative restrictions.  

     7. Excluded by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.       8. Excluded by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.       9. Excluded by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.       The footnote. Article 7 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 8 Duration and revision of a special protective measure  

      1. The period of validity of a special protective measure shall not exceed 4 years, except in the case of an extension of the period of validity of such measure in accordance with paragraph 2 of this article.  

      2. The period of validity of the special protective measure specified in paragraph 1 of this Article may be extended by a decision of the Customs Union Commission if, based on the results of a repeated investigation conducted by the investigating authority, it is established that in order to eliminate serious damage to the economic sector of the Parties or the threat of such damage, it is necessary to extend the period of validity of the special protective measure and there is evidence that the relevant sector of the economy of the States of the Parties is taking measures to facilitate the adaptation of this industry to changing economic conditions.  

      When conducting a re-investigation, taking into account the relevant differences, the provisions relating to the conduct of the investigation shall apply.  

      3. When the Customs Union Commission decides to extend the validity of a special protective measure, such a measure may not be more restrictive than the special protective measure in force on the date of the decision to extend the validity of the special protective measure.  

      4. If the validity period of a special protective measure exceeds one year, the Customs Union Commission shall gradually mitigate such a special protective measure at regular intervals during its validity period.  

      If the period of validity of a special protective measure exceeds 3 years, no later than half of the period of validity of such measure, the investigating authority conducts a second investigation, as a result of which the special protective measure may be retained, mitigated or canceled.  

      For the purposes of this article, mitigation of a special protective measure means an increase in the volume of the import quota or a reduction in the rate of a special duty.  

      5. The total period of validity of the special protective measure, including the period of validity of the preliminary special fee and the period for which the special protective measure is extended, should not exceed 8 years.  

      6. A special protective measure may not be re-applied to a product to which a special protective measure was previously applied for a period equal to the period of validity of the previous special protective measure. In this case, the period during which a special protective measure is not applied may not be less than 2 years.  

     7. A special protective measure, the validity of which is 180 days or less, regardless of the provisions established by paragraph 6 of this Article, may be reapplied to the same product if at least one year has passed since the date of the introduction of the previous special protective measure and the special protective measure has not been applied to such product more than 2 times during the 5 years preceding the date of introduction of the new special protective measure.

     The footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

III. Anti-dumping measures

Article 9 General principles of application of an anti-dumping measure  

      1. An anti-dumping measure may be applied to goods that are the subject of dumped imports if, according to the results of an investigation, it is established that the import of such goods into the single customs territory of the Customs Union causes material damage to the economic sector of the States of the Parties, poses a threat of causing such damage or significantly slows down the creation of a branch of the economy of the States of the Parties.  

      2. A product is the subject of dumped imports if the export price of such a product is lower than its normal value.  

     3. For the purposes of this section, the investigation period is set to be, as a rule, 12 months preceding the date of filing an application for an investigation, but in any case this period should not be less than 6 months.

     The footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 10 Definition of dumping margin  

      1. The dumping margin is determined by the investigating authority on the basis of a comparison:  

      1) the weighted average normal cost of the product with the weighted average export price of the product;  

     2) the normal cost of the goods for individual transactions with the export prices of the goods for individual transactions;

3) the weighted average normal cost 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 the buyers, regions or the period of delivery of the goods.

      2. The comparison of the export price of goods with their normal value is carried out at the same stage of the trade operation and in relation to cases of sale of goods that took place, if possible, at the same time.  

      3. When comparing the export price of a product with its normal value, they are adjusted taking into account differences affecting price comparability, including differences in supply conditions and characteristics, taxation, stages of trade operations, quantitative indicators, physical characteristics, as well as any other differences for which evidence of their impact on price comparability is provided.  

     In the cases specified in paragraph 5 of this Article, expenses, including customs duties and taxes, paid in the period between import and resale of goods, as well as the profit received, shall be taken into account.

      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 product.  

      The investigating authority has the right to request from interested parties the information necessary to ensure a proper comparison of the export price of the goods with their normal value.  

      4. In the absence of transactions for the purchase and sale of similar goods in the normal course of trade on the market of the exporting foreign state, or if, due to the low volume of sales of similar goods in the normal course of trade or due to the special situation on the market of the exporting foreign state, it is impossible to properly compare the export price of the goods with the price of similar goods on the market of the exporting foreign state. of a foreign country, the export price of the product is compared or with the comparable price of a similar product, imported from an exporting foreign country to another foreign country, provided that the price of a similar product is representative, or with the costs of producing the product in its country of origin, taking into account the necessary administrative, trade and general costs and profits specific to this branch of the economy.  

      5. If the goods are imported into the single customs territory of the Customs Union from a foreign state that is not its country of origin, the export price of such goods is compared with the comparable price of a similar product on the market of a foreign state.  

      The export price of a product may be compared with the comparable price of a similar product in its country of origin if the product is only being shipped through a foreign country from which it is exported to the single customs territory of the States of the Parties, or the production of such goods is not carried out in that foreign country or there is no comparable price of a similar product.  

      6. If, when comparing the export price of a product with its normal value, it is necessary to recalculate their values from one currency to another, such recalculation is carried out using the official exchange rate on the day of sale of the product.  

      If the sale of foreign currency was directly related to the corresponding export of goods and was carried out for a period of time, the exchange rate used for the sale of currency for a period of time is used.  

      The investigating authority does not take into account fluctuations in exchange rates and, during the investigation, provides exporters with at least 60 calendar days to adjust their export prices taking into account steady changes in exchange rates during the investigation period.  

      7. The investigating authority, as a rule, determines an individual dumping margin for each known exporter and (or) manufacturer of goods that have provided the necessary information to determine the individual dumping margin.  

     8. If the investigating authority comes to the conclusion that it is unacceptable to determine the individual dumping margin for each known exporter and/or producer of the product because of the total number of exporters, producers or importers of the product, the variety of the product, or for any other reason, it may use the limitation of determining the individual dumping margin based on the acceptable amount interested parties, or determine the dumping margin in relation to the sample of goods from each exporting foreign country, which, According to the information available to the investigating authority, it is statistically representative and can be investigated without disrupting the course of the investigation.

     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 on the basis of consultations 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.

     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, defined in relation to foreign exporters or foreign producers of goods that are the subject of dumped imports, selected to determine the individual dumping margin.

      10. If the exporters or producers of the goods being investigated do not provide the requested information to the investigating authority in the required form and within the prescribed time frame, or the information provided by them cannot be verified or does not correspond to reality, the investigating authority may determine the dumping margin based on other information available to it.  

     11. In addition to determining the individual dumping margin for each known exporter and/or producer of goods that have provided the necessary information to determine the individual dumping margin, the investigating authority may determine a single dumping margin for all other exporters and/or producers of goods under investigation based on the highest dumping margin determined during the investigation. investigations.

     The footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 11 Determination of the normal value of the goods  

      1. The normal value of the goods is determined by the investigating authority on the basis of the prices of similar goods when sold during the investigation period on the domestic market of the exporting foreign state to buyers who are not related to manufacturers and exporters who are residents of such a foreign state, in the normal course of trade for use in the customs territory of the exporting foreign state in competitive conditions.  

      For the purposes of determining the normal value, the prices of a similar product may be taken into account when it is sold to buyers who are related parties to manufacturers and exporters who are residents of such a foreign state, if it is established that this relationship does not affect the pricing policy of the foreign manufacturer and (or) exporter.  

      2. The volume of sales of similar goods in the normal course of trade on the market of the exporting foreign state is considered sufficient to determine the normal value of the goods if this volume is at least 5 percent of the total volume of exports of goods to the single customs territory of the Customs Union from the exporting foreign state.  

      A lower volume of sale of a similar product in the normal course of trade is considered acceptable for determining the normal value of the product if there is evidence that such a volume is sufficient to ensure a proper comparison of the export price of the product with the price of a similar product in the normal course of trade.  

      3. When determining the normal value of goods in accordance with paragraph 1 of this article, the price of goods sold to buyers in the domestic market of an exporting foreign country is the weighted average price at which a similar product was sold to buyers during the investigation period, or the price of goods for each individual sale to buyers during this period.  

4. The sale of a similar product on the market of an exporting foreign state or from an exporting foreign state to another foreign state at prices below the cost of production of a unit of a similar product, taking into account administrative, trade and general costs, may not be taken into account when determining the normal value of the product only if the investigating authority determines that such a sale of a similar product The sale of goods is carried out during the investigation period in a significant volume and at prices that do not provide reimbursement of all costs for this period.  

      5. If the price of a similar product, which at the time of its sale is lower than the cost of production of a unit of a similar product, taking into account administrative, trade and total costs, exceeds the weighted average cost of production of a unit of goods, taking into account administrative, trade and total costs during the investigation period, such price is considered as providing reimbursement of all costs during the investigation period.  

      6. The sale of a similar product at prices below the cost of production of a unit of a similar product, taking into account administrative, trade and total costs, is considered to be carried out in a significant volume if the weighted average price of a similar product for transactions taken into account in determining the normal cost of the product is lower than the weighted average cost of production of a unit of a similar product, taking into account administrative, trade and total costs, and the volume of sales At prices below this cost, it makes up at least 20 percent of the transaction sales volume., taken into account when determining the normal value of the product.  

      7. The cost of production of a unit of goods, taking into account administrative, trade and general costs, is calculated on the basis of data provided by the exporter or manufacturer of the goods, provided that such data comply with generally accepted principles and rules of accounting and reporting in the exporting foreign country and fully reflect the costs associated with the production and sale of goods.  

      8. The investigating authority shall take into account all evidence at its disposal of the correctness of the allocation of production, administrative, trade and total costs, including data provided by the exporter or manufacturer of the goods under investigation, provided that such cost allocation is normally practiced by such exporter or manufacturer of the goods, in particular with regard to the establishment of the corresponding period of depreciation, deductions for capital investments and other costs for the development of production.  

     9. Production costs, administrative, trade and general costs are adjusted to take into account one-time costs associated with the development of production, or circumstances in which the costs during the investigation are affected by operations carried out during the organization of production. Such adjustments should reflect the 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 during the investigation period.

      10. The total quantitative indicators of administrative, trade, and total costs and profits characteristic of a given branch of the economy are determined on the basis of actual data on the production and sale of similar goods in the normal course of trade provided by the exporter or manufacturer of the goods that are the subject of dumped imports.  

      If such total quantitative indicators cannot be determined in the specified way, they can be determined based on:  

      1) the actual amounts received and spent by the exporter or manufacturer of the goods under investigation in connection with the production and sale of the same category of goods on the market of the exporting foreign state;  

      2) the weighted average actual amounts received and spent in connection with the production and sale of similar goods on the market of the exporting foreign country by other exporters or manufacturers of such goods;  

      3) another method, provided that the amount of profit determined in this way does not exceed the profit usually earned by other exporters or producers of the same category of goods when they are sold on the market of the exporting foreign country.  

      11. In the case of dumped imports from an exporting foreign state, in which market prices are regulated directly by the state or there is a state monopoly on foreign trade, the normal value of the goods can be determined based on the price or calculated value of a similar product in a suitable foreign state (comparable for the purposes of investigation with the specified exporting foreign state) or the price of a similar product when it is supplied from of such a foreign state to other foreign states, including to the single customs territory of the states of the Parties.  

     If it is not possible to determine the normal value of the goods in accordance with the provisions of this paragraph, the normal value of the goods may be determined on the basis of the price paid or payable for similar goods in the single customs territory of the States of the Parties and adjusted for profit.

     The footnote. Article 11 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 12 Determination of the export price of goods  

      1. The export price of a product is determined based on data on its sale during the investigation period.  

     2. In the absence of data on the export price of the goods that are the subject of dumped imports, or if the investigating authority has reasonable doubts about the accuracy of information on the export price of such goods due to the fact that the exporter and importer of the goods are related persons, including by virtue of the connection of each of them with a third party, or if there is a restrictive business practices in the form of collusion regarding the export price of such a product, its export price can be calculated based on the price, according to which the imported goods are first resold to an independent buyer, or by any other method that may be determined by the investigating authority, if the imported goods are not being resold to an independent buyer or are not being resold in the form in which they were imported into the single customs territory of the Customs Union.

     The footnote. Article 12 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 13 Determination of damage to the economic sector of the States of the Parties as a result of dumping imports  

      1. Damage to the economic sector of the States of the Parties as a result of dumping imports is established on the basis of the results of an analysis of the volume of dumped imports, the impact of such imports on the prices of similar goods on the market of the States of the Parties and on producers of similar goods in the States of the Parties.  

      2. For the purposes of this section, damage to a branch of the economy of the States of the Parties is understood as material damage to a branch of the economy of the States of the Parties, 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.  

      3. The damage to the economic sector of the States of the Parties is determined during the investigation period during its conduct.  

      The investigation also takes into account trends in the market of the States of the Parties for the 3 years preceding the date of filing the application for the start of the investigation.  

      4. When analyzing the volume of dumped imports, the investigating authority determines whether there has been a significant increase in dumped imports of the goods being investigated (in absolute terms or relative to the production or consumption of similar goods in the States of the Parties).  

      5. When analyzing the impact of dumping imports on the prices of similar goods on the market of the States of the Parties, the investigating authority shall establish:  

      1) whether the prices of the goods that are the subject of dumped imports were significantly lower than the prices of similar goods on the market of the States of the Parties;  

      2) has the dumping import led to a significant reduction in the prices of similar goods on the market of the States of the Parties;  

      3) whether dumping imports significantly prevented the price increase of a similar product on the market of the States of the Parties, which would have occurred in the absence of such imports.  

      6. If the subject of simultaneous investigations is the import of goods into the single customs territory of the Customs Union from more than one exporting foreign State, the investigating authority may assess the cumulative impact of such imports only if it determines that:  

      1) the dumping margin determined in respect of imports of the goods under investigation from each exporting foreign state exceeds the minimum allowable dumping margin, and the volume of imports of the goods from each exporting foreign state is not insignificant, taking into account the provisions of paragraph 2 of Article 31 of this Agreement.;  

      2) the assessment of the cumulative impact of the import of goods is possible taking into account the conditions of competition between imported goods and the conditions of competition between imported goods and similar goods produced in the States of the Parties.  

      7. The analysis of the impact of dumping imports on the economic sector of the States of the Parties consists in assessing all economic factors relevant to the state of the economic sector of the States of the Parties, including:  

      the degree of recovery of the economic situation of the economic sector of the States of the Parties after the impact of previously dumped or subsidized imports on it;  

8. If, as a result of the investigation, it is deemed appropriate to impose a lower rate of anti-dumping duty than the rate of the preliminary anti-dumping duty, the amounts of the preliminary anti-dumping duty corresponding to the amount of the anti-dumping duty calculated at the established rate of the anti-dumping 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 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.

     10. The preliminary anti-dumping duty is applied subject to the simultaneous continuation of the investigation.

     The footnote. Article 14 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 15 Acceptance of price obligations by the exporter of the goods under investigation  

      The footnote. Title of Article 15 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.

      1. The investigation may be suspended or terminated by the investigating authority without imposing a preliminary anti-dumping duty or anti-dumping duty upon receipt of written price obligations from the exporter of the goods under investigation to review the prices of such goods or to stop exporting such goods to the single customs territory of the Customs Union at prices below its normal value (if available persons associated with the exporter in the States of the Parties must also provide statements from these persons in support of these obligations), if the authority, The investigating authority will conclude that accepting such obligations will eliminate the damage caused by dumping imports, and the Customs Union Commission will decide on their approval.  

      According to these obligations, the price level of the goods should not be higher than it is necessary to eliminate the dumping margin.  

      An increase in the price of goods may be less than the dumping margin, if such an increase is sufficient to eliminate damage to the economic sector of the Parties.  

      2. The decision to approve price obligations is not taken by the Customs Union Commission until the investigating authority comes to a preliminary conclusion about the presence of dumping imports and the resulting damage to the economic sector of the Parties.  

      3. The decision to approve price obligations shall not be taken by the Customs Union Commission if the investigating authority concludes that their approval is unacceptable due to the large number of actual or potential exporters of the goods or for other reasons.  

     The investigating authority, whenever possible, informs exporters of the reasons why the approval of their price commitments was considered unacceptable, and provides them with the opportunity to comment in this regard.

     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.

      4. The investigating authority may propose price commitments to exporters, but may not require them to be accepted.  

      5. If the price obligations are approved by the Customs Union Commission, the anti-dumping investigation may be continued at the request of the exporter of the goods or by decision of the investigating authority.  

      If, as a result of the investigation, the investigating authority concludes that there is no dumping of imports or resulting damage to the economic sector of the Parties, the exporter who has accepted price obligations is automatically released from such obligations, except if the said conclusion is largely the result of the existence of such obligations. If the conclusion reached is largely the result of the existence of price obligations, the Customs Union Commission may decide that such obligations should remain in force for the required period of time.  

      6. If, based on the results of the investigation, the investigating authority concludes that there are dumped imports and the resulting damage to the economic sector of the Parties, the price obligations assumed by the exporter shall continue to operate in accordance with their terms and conditions and the provisions of this Agreement.  

      7. The investigating authority has the right to request information from the exporter regarding the fulfillment of price obligations by the exporter, as well as consent to verify such information.  

      Failure to provide the requested information within the time limit set by the investigating authority, as well as failure to verify such information, is considered a violation by the exporter of his price obligations.  

      8. In case of violation or withdrawal of price obligations by the exporter, the Customs Union Commission may decide to apply an anti-dumping measure by imposing a preliminary anti-dumping duty if the investigation has not yet been completed, or an anti-dumping duty if the final results of the investigation indicate that there are grounds for its introduction.  

     In case of violation of accepted price obligations, the exporter is given the opportunity to comment on such violation.

     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.

     The footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 16 Introduction and application of anti-dumping duties  

      1. The anti-dumping duty is applied to goods that are supplied by all exporters and are the subject of dumping imports that cause damage to the economic sector of the Parties, with the exception of goods supplied by those exporters whose price obligations have been approved by the Customs Union Commission in accordance with the provisions of Article 15 of this Agreement.  

      2. The amount of the anti-dumping duty should be sufficient to eliminate damage to the economic sector of the Parties, but not higher than the calculated dumping margin.  

      The Customs Union Commission may decide to impose an anti-dumping duty in an amount less than the calculated dumping margin, if such an amount is sufficient to eliminate damage to the economic sector of the Parties.  

     3. The Customs Union Commission shall establish 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.

     The footnote. Article 16 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 17 Duration and revision of the anti-dumping measure  

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

      2. The period of validity of an anti-dumping measure shall not exceed 5 years from the date of commencement of the application of such measure or from the date of completion of the repeated investigation, which was conducted in connection with changed circumstances and at the same time concerned the analysis of dumped imports and related damage to the economic sector of the States of the Parties or in connection with the expiration of the anti-dumping measure.  

      3. A re-investigation in connection with the expiration of an anti-dumping measure shall be conducted on the basis of a written application submitted in accordance with the provisions of Article 29 of this Agreement, or on the own initiative of the investigating authority.  

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

      An application for a re-investigation in connection with the expiration of the anti-dumping measure is submitted no later than 6 months before the expiration of the anti-dumping measure.  

      A second investigation must be initiated before the expiration of the anti-dumping measure and completed within 12 months from the date of its commencement.  

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 duties 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.

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

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

      continued application of the anti-dumping measure is not required to counteract dumping imports and eliminate damage to the economic sector of the Parties as a result of dumping imports; or  

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

      The existing anti-dumping measure is insufficient to counteract dumping imports and eliminate damage to the economic sector of the Parties as a result of dumping imports.  

      The repeated investigation conducted in accordance with this paragraph must be completed within 12 months from the date of its commencement.  

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

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

      During the re-investigation in order to establish an individual dumping margin for the exporter or manufacturer, an anti-dumping measure is not applied by this exporter or manufacturer in respect of supplies to the single customs territory of the Customs Union of the Parties of the goods that are the subject of investigation.  

     The repeated investigation provided for in this paragraph shall be conducted as soon as possible, and in any case this period may not exceed 12 months.

     The Commission of the Customs Union, after the start of the relevant repeated 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.

      6. The provisions of section V of this Agreement concerning the presentation of evidence and the conduct of an anti-dumping investigation shall apply to repeated investigations provided for in this article, subject to appropriate differences.  

      7. The provisions of this article shall apply to the obligations assumed by the exporter in accordance with Article 15 of this Agreement, taking into account the relevant differences.

     The footnote. Article 17 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 18 Establishment of circumvention of an anti-dumping measure

      1. For the purposes of this article, circumvention of an anti-dumping measure means changing the method of delivery of goods to avoid paying anti-dumping duties or fulfilling price obligations assumed by the exporter.  

      2. A re-investigation in order to establish circumvention of the anti-dumping measure is carried out on the basis of an application from the person concerned or on the own initiative of the investigating authority.  

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

      1) circumvention of the anti-dumping measure;  

      2) neutralizing the effect of an anti-dumping measure due to its circumvention and the influence of this factor on the volume of production and (or) sales and (or) prices of similar goods;  

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

      4. The repeated investigation in order to establish circumvention of the anti-dumping measure must be completed within 9 months from the date of its commencement.  

     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.

     The footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

IV. Countervailing measures

Article 19 General principles of application of a countervailing measure

     A countervailing measure may be applied to imported goods, in the production, export or transportation of which a specific subsidy from an exporting foreign state was used, if, according to the results of an investigation conducted by the investigating authority, it is established that the import of such goods into the single customs territory of the Customs Union causes material damage to the economic sector of the States of the Parties, creates a threat of causing such damage. damages or significantly slows down the creation of a branch of the economy of the states of the Parties.

The footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 20 Definition of subsidy

      A subsidy is defined as:  

      1) any form of income or price support that provides additional benefits to the recipient of the subsidy, the direct or indirect result of which is an increase in exports of goods from an exporting foreign country or a reduction in imports of similar goods to that foreign country;  

      2) financial assistance provided by the subsidizing authority, which provides additional benefits to the recipient of the subsidy, provided within the territory of the exporting foreign state in the form of:  

      direct transfer of funds (including in the form of grants, loans and purchase of shares) or obligations to transfer such funds (including in the form of loan guarantees);  

      write-off of funds or full or partial waiver of collection of funds that should have been credited to the income of the exporting foreign state, including through the provision of tax credits, except in cases of exemption of exported goods from taxes or duties levied on similar goods intended for domestic consumption, or reduction or refund of such taxes or duties in accordance with the Legislation of the Russian Federation. amounts not exceeding the amounts actually paid;  

      preferential or gratuitous provision of goods or services, with the exception of goods or services intended for the maintenance and development of a common infrastructure, that is, infrastructure not associated with a specific producer and (or) exporter;  

      preferential purchase of goods.  

Article 21 Principles of attribution of subsidies from an exporting foreign State to a specific subsidy  

      1. A subsidy from an exporting foreign State is specific if only individual organizations are allowed to use the subsidy by the subsidizing authority or by the legislation of the exporting foreign State.  

      2. In this article, individual organizations are understood to mean a specific producer and (or) exporter, or a specific branch of the economy of an exporting foreign state, or a group (union, association) of producers and (or) exporters, or branches of the economy of an exporting foreign state.  

      3. A subsidy is specific if the number of individual organizations that are allowed to use this subsidy is limited to organizations located in a geographical region under the jurisdiction of the subsidizing authority.  

      4. A subsidy is not specific if the legislation of the exporting foreign state or the subsidizing authority establishes general objective criteria or conditions that determine the unconditional right to receive a subsidy and its amount (including depending on the number of employees engaged in the production of products or the volume of output) and are strictly observed.  

      5. In any case, a subsidy from an exporting foreign State is a specific subsidy if the provision of such a subsidy is accompanied by:  

      1) limiting the number of individual organizations that are allowed to use the subsidy;  

      2) preferential use of subsidies by individual organizations;  

      3) providing disproportionately large amounts of subsidies to individual organizations;  

      4) selection by the subsidizing body of a preferential the method of providing subsidies to individual organizations.  

      6. Any subsidy from an exporting foreign State is a specific subsidy if:  

      1) a subsidy in accordance with the legislation of the exporting foreign state is either actually related to the export of goods as a single condition or one of several conditions. A subsidy is considered to be actually related to the export of goods if its provision, which is not related to the export of goods in accordance with the legislation of the exporting foreign State, is in practice related to the export of goods that has occurred or is possible in the future, or to export revenue. The mere fact of providing subsidies to exporting enterprises does not mean the provision of subsidies related to the export of goods within the meaning of this paragraph.;  

      2) the subsidy is related, in accordance with the legislation of the exporting foreign State, either in fact as a single condition or one of several conditions involving the use of goods produced in the exporting foreign state instead of imported goods.  

      7. The decision of the competent authority to classify the subsidy of an exporting foreign State as specific should be based on evidence.  

Article 22 Principles of determining the amount of a specific subsidy

      1. The amount of a specific subsidy is determined based on the amount of benefit received by the recipient of such subsidy.  

      2. The amount of benefit received by the recipient of a specific subsidy is determined based on the following principles:  

      1) the participation of the subsidizing body in the capital of the organization is not considered as providing benefits, unless such participation can be regarded as inconsistent with normal investment practices (including the provision of risk capital) in the territory of the exporting foreign state;  

      2) a loan provided by a subsidizing authority is not considered as providing benefits if there is no difference between the amount that the recipient organization pays for a government loan and the amount that it would pay for a comparable commercial loan that this organization can receive on the credit market of an exporting foreign country. Otherwise, the difference between these amounts is considered a benefit.;  

      3) the guarantee of a loan by a subsidizing body is not considered as providing benefits if there is no difference between the amount that the organization receiving the guarantee pays for a loan guaranteed by the subsidizing body and the amount that it would pay for a comparable commercial loan without a government guarantee. Otherwise, the difference between these amounts, adjusted for the difference in fees, is considered a benefit.;  

      4) the supply of goods or services by the subsidizing authority or the purchase of goods is not considered as providing benefits, unless the goods or services are supplied for less than adequate payment or purchases are not carried out for more than adequate payment. The adequacy of payment is determined based on the existing market conditions for the purchase and sale of such goods and services on the market of the exporting foreign country, including price, quality, availability, liquidity, transportation and other conditions for the purchase or sale of goods.  

Article 23 Determination of damage to the economic sector of the States of the Parties as a result of subsidized imports  

      1. Damage to the economic sector of the States of the Parties as a result of subsidized imports is established based on the results of an analysis of the volume of subsidized imports and the impact of subsidized imports on the prices of similar goods on the market of the States of the Parties and on producers of similar goods in the States of the Parties.  

     2. For the purposes of this section, damage to a branch of the economy of the States of the Parties is understood as 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.

     2-1. The damage to the economic sector of the States of the Parties is determined during the investigation period during its conduct.

      3. When analyzing the volume of subsidized imports, the investigating authority determines whether there has been a significant increase in subsidized imports (in absolute terms or relative to the production or consumption of similar goods in the States of the Parties).  

      4. If the subject of simultaneous investigations is the subsidized import of a product into the single customs territory of the Customs Union from more than one exporting foreign State, the investigating authority may assess the cumulative impact of such imports only if it determines that:  

      1) the amount of subsidy in each exporting foreign state for this product is more than 1 percent of its value, and the volume of subsidized imports from each exporting foreign state is not insignificant in accordance with paragraph 2 of Article 32 of this Agreement.;  

      2) an assessment of the cumulative impact of imports of goods that are the subject of subsidized imports is possible taking into account the conditions of competition between imported goods and the conditions of competition between imported goods and similar goods produced in the States of the Parties.  

      5. When analyzing the impact of subsidized imports on the prices of similar goods on the market of the States of the Parties, the investigating authority shall establish:  

      1) whether the prices of the goods that are the subject of subsidized imports were significantly lower than the prices of similar goods on the market of the States of the Parties;  

      2) has the subsidized import led to a significant reduction in the prices of similar goods on the market of the States of the Parties;  

      3) whether the significantly subsidized imports prevented the price increase of a similar product on the market of the States of the Parties, which would have occurred in the absence of such imports.  

      6. The analysis of the impact of subsidized imports on the economic sector of the States of the Parties consists in assessing economic factors relevant to the state of the economic sector of the States of the Parties, including:  

      1) the reduction of production, sale of goods, the share of goods in the market of the States of the Parties, profits, productivity, income from attracted investments or the use of production facilities that has occurred or is possible in the near future;  

      2) factors affecting the prices of goods on the market of the States of the Parties;  

3) the negative impact that has occurred or is possible in the future on cash flows, stocks of goods, employment, wages, production growth rates and the possibility of attracting investments.  

      7. The impact of subsidized imports on the economic sector of the States of the Parties is assessed in relation to the production of similar goods in the States of the Parties, if the available data allow us to identify the production of similar goods based on criteria such as the production process, the sale of goods by their manufacturers and profit.  

      If the available data do not allow us to identify the production of a similar product, the impact of subsidized imports on the economic sector of the Parties is assessed in relation to the production of the narrowest group or range of goods that include a similar product and for which the necessary data is available.  

      8. When determining the threat of material damage to the economic sector of the Parties as a result of subsidized imports, the investigating authority takes into account all available factors, including:  

      1) the nature and amount of the subsidy or subsidies and their possible impact on trade;  

      2) the growth rate of subsidized imports, indicating the real possibility of further increase in such imports;  

      3) the exporter of the product that is the subject of subsidized imports has sufficient export opportunities or the obvious inevitability of their increase, which indicate the real possibility of increasing subsidized imports of this product, taking into account the ability of other export markets to accept any additional exports of this product;  

      4) the price level of the product that is the subject of subsidized imports, if such a price level can lead to a decrease or restraint in the price of a similar product on the market of the States of the Parties and a further increase in demand for the product that is the subject of subsidized imports.;  

      5) stocks held by the exporter of the product that is the subject of subsidized imports.  

      9. The decision on the threat of material damage to the economic sector of the States of the Parties shall be taken if, during the investigation, based on the analysis of the factors specified in paragraph 8 of this Article, the investigating authority has concluded that the continuation of subsidized imports is inevitable and that such imports will cause material damage to the economic sector of the States of the Parties in the event of failure to take compensatory measures.  

      10. The establishment of a causal relationship between subsidized imports and damage to the economic sector of the Parties as a result of such imports should be based on an analysis of all relevant evidence and information available to the investigating authority.  

      11. The investigating authority, in addition to subsidized imports, analyzes other known factors that cause damage to the economic sector of the States of the Parties during the same period.  

     The specified damage to the economic sector of the States of the Parties should not be attributed by the investigating authority to damage to the economic sector of the States of the Parties as a result of subsidized imports.

     The footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 24 Introduction of a provisional countervailing duty

      1. If the information received by the investigating authority before the investigation is completed indicates the presence of subsidized imports and damage caused by these imports to the economic sector of the Parties, the Customs Union Commission, based on the report of the investigating authority containing a preliminary conclusion, decides to apply a countervailing measure by imposing a preliminary countervailing duty for up to 4 months. in order to prevent damage to the economic sector of the States of the Parties, caused by subsidized imports during the investigation period.  

      2. The provisional countervailing duty may not be imposed earlier than 60 calendar days from the date of the start of the investigation.  

      3. The preliminary countervailing duty is imposed in an amount equal to the previously calculated amount of the specific subsidy of the exporting foreign state per unit of subsidized and exported goods.  

      4. If, according to the results of the investigation, it is established that there are no grounds for the introduction of a countervailing measure, the amounts of the preliminary countervailing duty 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 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, as a result 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.

      8. The provisional countervailing duty is applied subject to the simultaneous continuation of the investigation.  

      9. The provisional countervailing duty is applied in accordance with articles 26 of this Agreement.

     The footnote. Article 24 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 25 Acceptance of voluntary commitments by a subsidizing foreign State or exporter of goods that are the subject of investigation

      1. An investigation may be suspended or terminated without the imposition of a countervailing duty if the Customs Union Commission decides to approve voluntary commitments received in writing by the investigating authority, in accordance with which:  

     the exporting foreign State agrees to cancel or reduce the subsidy or to take appropriate measures to eliminate the consequences of the subsidy; or

      the exporter of the goods being investigated agrees to review the prices of such goods set by him (if there are persons associated with the exporter in the States of the Parties to ensure that these persons support the exporter's obligations to review prices) in such a way that, as a result of an analysis of the obligations assumed by the exporter, the investigating authority concludes that accepting such voluntary obligations will eliminate the damage sectors of the economy of the states of the Parties.  

      According to such obligations, the increase in the price of the goods being investigated should not exceed the amount of the specific subsidy of the exporting foreign state calculated in relation to the unit of the subsidized and exported goods.  

      The increase in the price of the goods being investigated may be less than the amount of the specific subsidy of the exporting foreign state calculated per unit of the subsidized and exported goods, if such an increase is sufficient to eliminate damage to the economic sector of the States of the Parties.  

     2. The decision to approve voluntary commitments is not taken by the Customs Union Commission until the investigating authority comes to a preliminary conclusion about the presence of subsidized imports and the resulting damage to the economic sector of the Parties.

      The Commission of the Customs Union does not take a decision on approving the voluntary obligations of the exporter of the goods that are 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 the third paragraph of paragraph 1 of this Article.

      3. The decision to approve voluntary commitments shall not be taken by the Customs Union Commission if the investigating authority concludes that their approval is unacceptable due to the large number of actual or potential exporters of the goods being investigated, or for other reasons. The investigating authority, whenever possible, informs exporters of the reasons why their voluntary commitments were not approved and provides exporters with the opportunity to comment on this.  

      4. The investigating authority shall send a request to each exporter and to the authorized body of the exporting foreign State that have made voluntary commitments to provide a non-confidential version of such obligations in order to be able to provide it to interested parties.  

      5. The investigating authority may propose voluntary commitments to the exporting foreign State or the exporter of the goods being investigated, but may not require their acceptance.  

In respect of goods supplied by individual exporters, the Customs Union Commission may set an individual rate of countervailing duty.  

      4. The countervailing duty rate should not exceed the amount of the specific subsidy of the exporting foreign state, calculated per unit of subsidized and exported goods.  

      If subsidies are provided in accordance with various subsidy programs, their total amount is taken into account.  

      The rate of the countervailing duty may be less than the amount of the specific subsidy of the exporting foreign state, if such a rate is sufficient to eliminate damage to the economic sector of the States of the Parties.  

     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.

     The footnote. Article 26 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 27 Duration and revision of the compensation measure

      1. A countervailing measure shall be applied by decision of the Customs Union Commission in the amount and for the period necessary to eliminate damage to the economic sector of the States of the Parties as a result of subsidized imports.  

      2. The period of validity of a countervailing measure shall not exceed 5 years from the date of commencement of the application of such measure or from the date of completion of the repeated investigation, which was conducted in connection with changed circumstances and simultaneously concerned the analysis of subsidized imports and related damage to the economic sector of the States of the Parties or in connection with the expiration of the compensatory measure.  

      3. A re-investigation in connection with the expiration of the compensation measure shall be conducted on the basis of a written application submitted in accordance with article 29 of this Agreement, or on the own initiative of the investigating authority."  

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

      An application for a re-investigation in connection with the expiration of the compensation measure is submitted no later than 6 months before the expiration of the compensation measure.  

      A re-investigation must be initiated before the expiration of the compensation measure and completed within 12 months from the date of its commencement.  

     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, due to the expiration of the compensatory measure, the investigating authority has established that there are no grounds for applying the compensatory measure, the amounts of the compensation fee levied 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.

      4. At the initiative of the investigating authority or at the request of an interested person, if at least a year has passed since the introduction of the countervailing measure, a second investigation may be conducted in order to determine whether it is appropriate to continue applying the countervailing measure and (or) review it, including reviewing the individual amount of the countervailing duty rate, due to changed circumstances..  

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

      continued application of the countervailing measure is not required to counteract subsidized imports and eliminate damage to the economic sector of the Parties as a result of subsidized imports; or  

      the existing amount of the countervailing measure exceeds the amount sufficient to counteract subsidized imports and eliminate damage to the economic sector of the States of the Parties as a result of subsidized imports; or  

      The existing countervailing measure is insufficient to counteract subsidized imports and eliminate damage to the economic sector of the Parties as a result of subsidized imports.  

      The repeated investigation due to the changed circumstances must be completed within 12 months from the date of its commencement.  

      5. The provisions of section V of this Agreement concerning the presentation of evidence and the conduct of an investigation shall apply to repeated investigations provided for in this article, subject to appropriate differences.  

      6. The provisions of this article shall apply to the obligations assumed by the exporting foreign State or exporter in accordance with Article 25 of this Agreement, taking into account the relevant differences.

     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 being 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.

     The footnote. Article 27 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 28 Establishment of circumvention of a countervailing measure

      1. Circumvention of a countervailing measure is understood as a change in the method of delivery of goods in order to evade payment of a countervailing duty or fulfill voluntary obligations.  

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

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

      1) circumvention of the compensation measure;  

      2) neutralizing the effect of a countervailing measure (as a result of its circumvention) on the volume of production and (or) sales and (or) prices of similar goods on the market of the States of the Parties;  

      3) preserving the benefits of providing a specific subsidy from the manufacturer and (or) exporter of the goods (components and (or) derivatives of such goods).  

     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.

     7. The repeated investigation in order to establish the circumvention of the compensation measure must be completed within 9 months from the date of its commencement.

     The footnote. Article 28 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

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 subject to crediting and distribution to the budgets of the States of the Parties in accordance with the procedure and standards, a 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 amount 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 amount of proceeds credited to the budget of the State of the Party from the distribution of special, anti-dumping, countervailing duties by this State of the Party;

     - 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 following 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.

     The footnote. The Agreement is supplemented by Article 28-1 in accordance with the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

V. Conducting investigations

Article 29 Grounds for conducting an investigation

      1. An investigation in order to establish the presence of increased imports and the resulting serious damage to the economic sector of the States of the Parties or the threat of such damage, as well as in order to establish dumping or subsidized imports and the resulting material damage, the threat of such damage or a significant slowdown in the creation of the economic sector of the States of the Parties, shall be conducted by the investigating authority on the basis of an application in writing or on their own initiative.  

      2. The application referred to in paragraph 1 of this Article shall be submitted:  

      1) the manufacturer of a similar or directly competing product (when submitting an application for the application of a special protective measure) or a similar product (when submitting an application for the application of an anti-dumping or countervailing measure) in the States of the Parties or his authorized representative;  

     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 representative.

     Authorized representatives of such manufacturers and associations must have duly executed credentials, confirmed by documents, the originals of which are submitted to the investigating authority, along with the application.

      3. The application referred to in paragraph 1 of this Article shall be accompanied by evidence of support for the application by manufacturers of similar or directly competing or similar goods in the States of the Parties. Sufficient evidence to support such a statement is recognized as:  

     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);

      2) documents confirming that the share of production of similar goods by manufacturers in the States of the Parties (including the applicant) who supported the application is at least 25 percent of the total production of similar goods in the States of the Parties, provided that the volume of production of similar goods by manufacturers in the states of the Parties (including the applicant), who expressed their support for the statement, accounts for more than 50 percent of the volume of production of a similar product by manufacturers in the States of the Parties., by expressing their opinion (support or disagreement) regarding the application (when submitting an application for the application of an anti-dumping or countervailing measure).  

      4. The application referred to in paragraph 1 of this Article must contain:  

      1) information about the applicant , about the volume of production in quantitative and monetary terms of a similar or directly competing product (when applying for the application of a special protective measure), a similar product (when applying for the application of an anti-dumping or countervailing measure) by the economic sector of the States of the Parties during the 3 years immediately preceding the date of filing the application, as well as the volume of production in quantitative and monetary terms 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) by manufacturers in the States of the Parties., those who supported the application and their share in the total volume of production in the States of the Parties 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);  

      2) a description of the goods imported into the single customs territory of the Customs Union, in respect of which it is proposed to introduce a special protective, anti-dumping or countervailing measure, indicating the code of the Commodity Nomenclature of foreign economic activity of the Eurasian Economic Community;  

      3) the name of the exporting foreign states or the States of origin or departure of the goods on the basis of customs statistics;  

      4) information about known manufacturers and (or) exporters of this product in the exporting foreign country and about known importers and main known consumers of this product in the States of the Parties;  

      5) information on changes in the volume of imports into the single customs territory of the Customs Union for the previous period, as well as for the subsequent period, for which representative statistical data are available on the date of filing the application, of the product for which it is proposed to introduce a special protective, anti-dumping or countervailing measure;  

      6) information on changes in the volume of exports of similar or directly competing goods (when submitting an application for the application of a special protective measure) or similar goods (when submitting an application for the application of an anti-dumping or countervailing measure) from the single customs territory of the Customs Union for the previous period, as well as for the subsequent period for which representative data are available as of the date of filing the application. statistical data.  

     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 measure and an action plan to adapt the economic sector of the States of the Parties to work in conditions of foreign competition during the period of validity of the proposed by the applicant of a special protective measure (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 Parties or a significant slowdown in the creation of a branch of the economy 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 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).

      6. The date of filing the application is considered to be the date of registration of such an application with the investigating authority.  

      7. When specifying the indicators contained in the application, uniform monetary and quantitative units should be used for comparability purposes.  

      8. The information contained in the application must be certified by the heads of the manufacturers who provided such information, as well as by their employees responsible for maintaining accounting records and accounting statements, as far as information directly related to these manufacturers is concerned.  

      9. The application, accompanied by its non-confidential version (if the application contains confidential information), is submitted to the investigating authority in accordance with the provisions of paragraph 8 of Article 3 of this Agreement and is subject to registration on the day the application is received by that authority.  

      10. An application for the application of a special protective measure, anti-dumping or countervailing measure is rejected on the following grounds:  

      failure to submit the materials specified in paragraphs 3 to 5 of this Article when submitting an application;  

      the unreliability of the materials submitted by the applicant provided for in paragraphs 3 to 5 of this Article.  

      Rejection of an application on other grounds is not allowed.  

      11. The investigating authority, prior to making a decision to initiate an investigation, notifies the exporting foreign State in writing of the receipt of an application for the application of an anti-dumping or countervailing measure.  

      12. The investigating authority, prior to making a decision to initiate an investigation, shall, within 30 calendar days from the date of registration of the application, examine the sufficiency and reliability of the evidence and information contained in this application in accordance with paragraphs 3-5 of this article. This period may be extended if it is necessary for the investigating authority to obtain additional information from the applicant, but in all cases it should not exceed 60 calendar days.  

      13. The application may be withdrawn by the applicant before or during the investigation.  

      An application is considered unsubstantiated if it is withdrawn before the investigation begins.  

      If the application is withdrawn during the investigation, the investigation is terminated without the introduction of a special protective, anti-dumping or countervailing measure.  

     14. The information contained in the statement is not subject to public disclosure until a decision is made to initiate an investigation.

     The footnote. Article 29 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 30 Initiation of an investigation and its conduct

      1. The investigating authority, before the expiration of the period specified in paragraph 12 of Article 29 of this Agreement, shall decide whether to initiate an investigation or to refuse to conduct it.  

      2. When making a decision to refuse to conduct an investigation, the investigating authority shall notify the applicant in writing of the reason for the refusal to conduct an investigation within no more than 10 calendar days from the date of making such a decision.  

     3. When deciding to initiate an investigation, the investigating authority notifies in writing the authorized body of the exporting foreign State, as well as other interested parties known to it, of the decision taken and ensures that, within no more than 10 working days from the date of the decision to initiate an investigation, the notification of the start of the investigation is published in the official print edition.

      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.

      4. The investigating authority may decide to initiate an investigation, including on its own initiative, only if it has evidence of increased imports and the resulting serious damage or threat of such damage to the economic sector of the Parties, or the presence of dumping or subsidized imports and the resulting material damage, threat of causing such damage or significantly slowing down the creation of a branch of the economy of the States of the Parties.  

     If the available evidence is insufficient, such an investigation cannot be initiated.

     4-1. The investigation period preceding the application of a special protective, anti-dumping or countervailing measure is determined by the investigating authority.

      5. Interested persons 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. They are recognized as participants in the investigation from the date of submission to the investigating authority of a statement of intent to participate in the investigation.  

      6. Interested persons have the right to submit, within a time limit that does not violate the course of the investigation, the information necessary for conducting the investigation, including confidential information, indicating the source of such information.  

     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 an interested person is recognized as uncooperative, and preliminary or final conclusions can be made by the investigating authority based on the information available to it.

     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), 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 would not complicate the course of the investigation and would not lead to a violation of the deadlines for its conduct.

9. The investigating authority shall provide the investigating parties with copies of the application or its non-confidential version, if the application contains confidential information.  

      During the investigation, the investigating authority, taking into account the need to protect confidential information, provides the participants in the investigation, upon request, with information provided in writing by any interested person as evidence related to the subject of the investigation, for familiarization with this information.  

      During the investigation, the investigating authority provides the participants in the investigation with an opportunity to get acquainted with other information relevant to the investigation and used by it during the investigation, but not confidential information.  

      10. At the request of interested parties, the investigating authority conducts consultations on the subject of the ongoing investigation.  

      11. During the investigation, all interested parties are given the opportunity to defend their interests. To this end, the investigating authority provides all interested persons, upon their request, with the opportunity to meet so that they can present opposing points of view and offer rebuttals. This opportunity is provided taking into account the need to respect the confidentiality of information. All interested persons are not required to attend the meeting, and the absence of any interested person does not prejudice his interests.  

      12. Consumers who use the goods that are the object of investigation in the production of products, representatives of public consumer associations, state authorities (management) bodies of local self-government, as well as other persons have the right to submit information relevant to the investigation to the body conducting the investigation.  

      13. The duration of the investigation should not exceed:  

      1) 9 months from the date of commencement of the investigation on the basis of an application for the application of a special protective measure. This period may be extended by the investigating authority, but not for more than 3 months.;  

      2) 12 months from the date of commencement of the investigation based on the application for the application of an anti-dumping or countervailing measure. This period may be extended by the investigating authority, but not for more than 6 months.  

     14. The investigation should not interfere with the customs clearance of the goods that are the subject of the investigation.

      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. If, during the two years immediately preceding the date of the start of the investigation, one manufacturer that supports the application referred to in paragraph 1 of Article 29 of this Agreement (taking into account its entry into the group of persons within the meaning of the Agreement on Common Principles and Rules of Competition of December 9, 2010) accounts for such a share of production in the single customs the 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.

     The footnote. Article 30 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 31 Specifics of the anti-dumping investigation  

     1. An anti-dumping investigation is terminated without the introduction of an anti-dumping measure if the investigating authority determines that the dumping margin is less than the minimum allowable dumping margin, or the volume of dumped imports that have occurred or are possible, or the amount of material damage caused by such imports, or the threat of causing such damage or a significant slowdown in the creation of a branch of the economy of the Parties is insignificant.

     At the same time, the minimum allowable dumping margin is understood as the dumping margin, the size of which does not exceed 2 percent.

     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 under investigation into the single customs territory of the Customs Union is accounted for.

     3. Before making a decision on the results of the anti-dumping investigation, the investigating authority shall send the participants in the investigation a non-confidential version of the final conclusion and provide an opportunity to comment.

     The footnote. Article 31 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 32 Specifics of the compensation investigation  

      1. A compensation investigation shall be terminated without the introduction of a compensation measure if the investigating authority determines that the amount of a specific subsidy from an exporting foreign State is minimal, or the amount of subsidized or possible imports or the amount of material damage caused by such imports, or 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 is insignificant.  

      2. The amount of a specific subsidy is considered minimal if it is less than 1 percent of the value of the product being investigated.  

      The volume of subsidized imports is generally considered insignificant if it is less than 1 percent of the total volume of imports of similar goods into the single customs territory of the Customs Union and provided that exporting foreign countries, each of which individually contributes less than 1 percent of the total volume of imports of similar goods into the single customs territory of the Customs Union. In total, no more than 3 percent of the total volume of imports of similar goods into the single customs territory of the Customs Union is accounted for.  

     3. A compensation investigation in respect of a product that is the subject of subsidized imports and originates from a developing country that is a user of the Customs Union's tariff preference system is terminated if the investigating authority determines that the total amount of specific subsidies of the exporting foreign state provided in respect of this product, does not exceed 2 percent of its value per unit of goods, or the share of imports of this product from such a foreign state in the total volume of imports of this product into the single customs territory of the States of the Parties is less than 4 percent, provided that the total share of imports of this product into the single customs territory of the Customs Union from developing countries, of which less than 4 percent of the total volume of imports of this product into the single customs territory of the Customs Union is accounted for., does not exceed 9 percent of the total volume of imports of this product into the single customs territory of the Customs Union.  

     4. Before making a decision on the results of the compensation investigation, the investigating authority shall send the participants in the investigation a non-confidential version of the final conclusion and provide an opportunity to comment.

     The footnote. Article 32 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 33 Specifics of the definition of the economic sector of the States of the Parties in the case of dumped or subsidized imports

      1. When conducting an anti-dumping or countervailing investigation, the economic sector of the States of the Parties shall be understood in the meaning established by Article 2 of this Agreement, with the exception of the cases specified in paragraphs 2 and 3 of this Article.  

      2. If producers of similar goods in the States of the Parties are simultaneously importers of goods that are allegedly the subject of dumped or subsidized imports, the economic sector of the States of the Parties can only be understood as other producers of similar goods in the States of the Parties.  

At the reasoned and written request of exporters and (or) producers, the specified period may be extended by the investigating authority for no more than 14 calendar days.  

      3. The list of questions is considered to be received by the exporter and (or) manufacturer of the goods after 7 calendar days from the date of its dispatch by mail or on the day of its transfer directly to the representative of the exporter and (or) manufacturer.  

      The answers to the questions included in the list are considered to have been received by the investigating authority if they have been received by the investigating authority in confidential and non-confidential versions no later than 7 calendar days after the expiration date of the 30-day period specified in paragraph 2 of this article or from the expiration date of the extension period.  

     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 audit:

     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, which 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.

     5. In order to verify the information provided during the investigation or to obtain additional information related to the ongoing investigation, the investigating authority has the right to send its representatives to the location of interested parties, collect information, consult and negotiate with interested parties, get acquainted with product samples and take other actions necessary for the investigation.

     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.

     The footnote. Article 35 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 36 Interested persons

     1. The interested parties in conducting 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 producers 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) an exporter, a foreign producer or importer of 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 this product 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 product is primarily consumed by individuals.

      2. The persons concerned shall act independently or through their representatives, who have duly executed powers, during the investigation.  

     If the person concerned acts through an authorized representative during the investigation, the body conducting the investigation shall bring to the attention of the person concerned all information about the subject of the investigation only through this representative.

     The footnote. Article 36 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 37 Confidential information

      1. Information submitted by an interested person to an investigative body shall be considered confidential when that person submits justifications indicating, inter alia, 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 from whom he received the information. such information.  

      Confidential information is not disclosed without the permission of the person who submitted it.  

      2. Interested persons presenting confidential information are required to provide a non-confidential version of such information together 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.  

      3. If the investigating authority determines that the justifications provided by the interested person do not allow the information provided 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 does not justify the impossibility of presenting confidential information in a confidential form. in a non-confidential manner, the body conducting investigations, it may not take this information into account.  

      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 purpose of conducting investigations, officials and employees of the investigating authority may be deprived of the privileges and immunities provided for in the Convention on Privileges and the immunities of the Eurasian Economic Community dated May 31, 2001, and brought to justice 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.

     The footnote. Article 37 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 38 Consultations to establish the existence of an alleged specific subsidy from an exporting foreign State  

      1. After accepting the application for consideration and before deciding whether to initiate an investigation, the investigating authority should invite the authorized body of the exporting foreign State from which the product is being exported, in respect of which a compensatory measure is proposed, to consult in order to clarify the situation regarding the availability, amount and consequences of the proposed specific subsidy and to achieve a mutually acceptable solution.  

      Such consultations may continue during the investigation.  

     2. The consultations referred to in paragraph 1 of this article shall not prevent the decision to initiate an investigation and apply a compensatory measure.

     The footnote. Article 38 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 39 Notifications of decisions taken in connection with investigations  

      The footnote. Title of Article 39 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.

     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) full description of the product being investigated;

     2) the name of the exporting foreign state;

     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 launch a special protective investigation);

     5) a summary of the facts indicating the existence of serious damage or the threat of causing serious damage to the economic sector of the States of the Parties (when deciding on the initiation of 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 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 (when deciding whether 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 may 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 can submit their comments and information related to the investigation in writing.

     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 the purposes of customs clearance;

     3) the grounds for a positive conclusion on the presence of dumped imports, indicating the size of the dumping margin and describing the grounds for choosing a methodology for calculating and comparing the normal value of goods and their export price (with the introduction of a preliminary anti-dumping duty);

     4) the grounds for a positive conclusion on the presence of subsidized imports, with a description of the fact of the subsidy and an indication of the calculated amount of subsidy per 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 such damage, or a significant slowdown in the creation of an economic sector in 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.

     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:

      1) clarification of the final conclusion of the investigating authority on the results of the investigation;  

      2) an indication of the facts on the basis of which such a conclusion is made;  

      3) the information specified in paragraph 3 of this Article;  

      4) an indication of the reasons for the acceptance or non-acceptance during the investigation of the arguments and demands of the exporters and importers of the goods that were the subject of the investigation;  

      5) an indication of the reasons for making decisions in accordance with paragraphs 7-11 of Article 10 of this Agreement.  

      6. The notification of the completion or suspension of the investigation in connection with the approval of the relevant obligations must contain a non-confidential version of such obligations.  

     7. The provisions of this article, subject to appropriate differences, shall apply to notifications of the commencement and completion of repeated investigations.

     The footnote. Article 39 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 40 Non-application of special protective, anti-dumping and countervailing measures  

      1. Based on the results of the investigation, the Customs Union Commission may decide not to apply a special protective, anti-dumping or countervailing measure provided for in this Agreement, even if the application of such measure meets the criteria established by this Agreement.  

      The said decision may be taken if the application of such a measure may harm the interests of the States of the Parties, and reviewed if the reasons that served as the basis for its adoption have changed.  

     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.

      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.

     The footnote. Article 40 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Section VI Final provisions

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.

     The footnote. Article 41 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Article 42 Introduction of amendments  

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

Article 43 Entry into force, accession and withdrawal  

      The procedure for entry into force, accession to and withdrawal from this Agreement is determined by the Protocol on the Procedure for Entry into Force of International Treaties aimed at Forming the Legal Framework of the Customs Union, withdrawal from and Accession to them dated October 6, 2007.

      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.

      Done in Moscow on January 25, 2008, in one original copy in the Russian language.  

     The original copy of this Agreement 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.

     The footnote. Article 43 as amended by the Law of the Republic of Kazakhstan dated 20.11.2012 No. 53-V.  

Behind

Behind

Behind

Government

Government

Government

Republics

Republics

Russian

Belarus

Kazakhstan

Federations

      I hereby certify that this text is a certified copy of a certified copy of the Agreement on the Application of Special Protective, Antidumping and Countervailing Measures against Third Countries, signed on January 25, 2008 in Moscow.  

Head of the Department  

International Law Department  

Ministry of Foreign Affairs  

Republic of Kazakhstan

B. Piskorsky

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  

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