WORLD TRADE
ORGANIZATIONG/ADP/N/1/KGZ/1
18 August 1999
(99-3472)
Committee on Anti-Dumping Practices Original:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 18.5 OF THE AGREEMENT
KYRGYZ REPUBLIC
The following communication, dated  12 August 1999, has been received from the Permanent
Mission of the Kyrgyz Republic.
_______________
TABLE OF CONTENTS
Page
Chapter 1.  Gene ral provisions................................................................................................. ...........1
Chapter 2.  State anti-d umping supe rvisio n..................................................................................... ...4
Chapter 3.  Anti-dumpi ng inves tigatio n......................................................................................... .....4
Chapter 4.  The order for de termination of  dumping..........................................................................7
Chapter 5.  Determin ation of injury............................................................................................ ......11
Chapter 6.  The procedure of an ti-dumping inve stigation ................................................................13
Chapter 7.  Completion of anti -dumping inve stigatio n.....................................................................16
Chapter 8.  Pri ce undertakings ................................................................................................. .........18
Chapter 9.  Fina l provisions................................................................................................... ...........19
The present Law shall determine the basic notions and principles of the legislation of the
Kyrgyz Republic on anti-dumping, the procedure of investigation in order to ascertain dumping and
injury as well as the conditions of imposition and abolition of anti-dumping measures.
CHAPTER 1. GENERAL PROVISIONS
Article 1 Terms and definitions
The following notions are used in the present Law:
"Anti-Dumping investigation” - investigation in respect of a supplier of a good being sold  at
a price less than its normal value, if such a sale causes or threatens to cause injury to domestic
producers of the like product.
“Anti-Dumping measures” - special measures, applied by the Authorized Body in a form of
provisional anti-dumping measures and anti-dumping duties for elimination of injury alleged by sale
of a foreign good at a price less than its normal value.G/ADP/N/1/KGZ/1
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“Anti-Dumping duties” - duties applied in case of import supplies to the customs territory of
the Kyrgyz Republic at a price significantly less than their comparable price in the country of export
and/or production at the moment of this exportation, if such import supplies cause or  may cause
injury to the domestic producers of like goods.
“Related persons/parties” - producers or buyers (participants of the transaction) who  are
related to the suppliers or are themselves suppliers of the allegedly dumped product. The participants
of the transaction are related which are bound if:
- one of the persons is Director or a member of the Management Board or controlling body
of the other person;
- Director or a member of the Management Board or controlling body of one person is at
the same time Director or a member of the Management Board or controlling body of the
other person;
- they are companions;- one of the persons is the employer of the other person;- one of the persons owns or possesses  directly or indirectly the voting right or share in
the authorized capital, which is not less than 5 per cent of all votes or 5 per cent of theauthorized capital of the other person;
- both persons are controlled directly or indirectly by a third person;- two persons control, directly or indirectly, the third person;- they are relatives.“Injury” shall mean material losses caused to domestic producers as a result of supplying the
product at dumped prices;
“Provisional anti-dumping measures” shall mean preliminary anti-dumping measures, applied
by the Authorized Body in respect of the supplier of a dumped product in the form of provisional
duties, pledged liability or cash deposit after the initiation of the anti-dumping investigation.
“Dumping (import of a dumped good)” shall mean unfair actions of a supplier when a product
is imported to the customs territory of the Kyrgyz Republic for free circulation at a price  less than itsnormal value.
“Interested parties (persons)” shall mean a foreign exporter, producer or the importer of a
product subject to an anti-dumping investigation, or a trade or business association a majority of the
members of which are producers,  foreign exporters or importers of such product, the government ofthe exporting country, the Government of the Kyrgyz Republic, a producer of the like product in the
Kyrgyz Republic or a trade and business association a majority of the members of which produce the
like product in the Kyrgyz Republic;
“Normal value” shall mean the value based on the price paid or payable in the ordinary course
of trade operations in the exporting and/or producing country, in the course of sale of the good that is
like to the good importation/supply of which is the subject of an anti-dumping investigation.G/ADP/N/1/KGZ/1
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“Domestic producers” shall mean the producers of the like products in the Kyrgyz Republic
aggregated production output of which is considered to be sufficient for an anti-dumping investigation
to be conducted.
“Official bodies of the country” shall mean an embassy, consulate, trade representative office
and other State bodies of other countries involved into the investigation.
“Like goods” shall mean goods which are identical or similar;“Identical goods” shall mean goods which are similar in all respects;“Similar goods” shall mean goods which are not similar in all respects but have like
characteristics and consist of similar components;
“Supplier” shall mean a foreign producer or exporter or the importer of the dumped product.“Regional producers” shall mean aggregate producers of the like product in the regional
market, under the condition that:
- the producers sell all or the major part of their product in that market;
- the producers of the Kyrgyz Republic from other regions shall not provide the like
product to that region.
“Hearings” shall mean one of the anti-dumping investigation procedures, conducted by the
Authorized Body, in order to provide interested pa rties with the opportunity to consider disputable
issues;
“Customs clearance” shall mean  executions of actions in order to allocate the products under
a certain customs regime  and complete this regime in accordance with the requirements and
provisions of the Customs legislation of the Kyrgyz Republic.
”The Authorized Body” shall mean the State body of the Government of the Kyrgyz Republic
conducting an anti-dumping investigation upon applications of domestic producers or on its own
initiative.
“Export price” shall mean price actually paid or payable for the goods with respect to which
an investigation is being conducted
Article 2 Sphere of Application of This Law
The present Law shall govern relations:
- arising due to injury caused or a threat to cause injury to domestic producers by
importation of goods to the customs territory of the Kyrgyz Republic for free circulationat a price less than their normal value;
- arising between the Authorized Body and interested parties as well as between different
interested parties.
Article 3 Goals and Principles of Anti-Dumping Legislation of the Kyrgyz Republic
1. The goals of anti-dumping legislation shall be protection of domestic producers against unfair
competition on part of suppliers of like products and elimination of harmful consequences for the
economy of the Kyrgyz Republic.G/ADP/N/1/KGZ/1
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2. Anti-dumping measures shall be applied only under circumstances when trade practice of
suppliers leads to unfair competition.
3. Anti-dumping measures specified by the present Law shall be applied provided that the anti-
dumping investigation has been conducted in accordance with anti-dumping legislation.
Article 4 Legislation of the Kyrgyz Republic on Anti-Dumping
1. Legislation of the Kyrgyz Republic On Anti-Dumping shall include: the present Law, other
legislative acts and normative legal acts of the President and Government of the Kyrgyz Republic
adopted in accordance with them, as well as  normative legal acts of the Authorized Body.
2. If  an international treaty or agreement ratified by the Kyrgyz Republic establishes rules other
than those contained in the present Law, the rules of the international  treaty or agreement shall be
applied.
CHAPTER 2 THE STATE ANTI-DUMPING  SUPERVISION
Article 5 Organization of the State Anti-Dumping Supervision
1. The general management of the State anti-dumping control over trade practice of the suppliers
of the dumped product shall be exercised by the Government of the Kyrgyz Republic in accordance
with the anti-dumping legislation.
2. Direct activity on supervision and anti-dumping investigation shall be carried out by the
Authorized  Body to be determined by the Government or created by the President of the KyrgyzRepublic according to established procedure.
Article 6 The Authorized Body
1. The Authorized  Body operates within the fram ework of authorities provided by this Law and
on the basis of a regulation to be adopted by the Government of the Kyrgyz Republic.
2. In cases stipulated by this Law, other legislative acts of the Kyrgyz Republic and normative
legal acts of the President and Government of the Kyrgyz Republic, the Authorized Body shall, within
its competence, issue the normative legal acts, including acts on the procedures of anti-dumping
investigation, as well as submit the drafts of resolutions to the Government of the Kyrgyz Republic.
3. The  anti-dumping duties shall be introduced by the decision of the Government of the
Kyrgyz Republic upon the proposal of the Authorized Body.
4. While implementing its functions, the Authorized Body shall cooperate with the official
bodies of other countries and international organizations.
CHAPTER 3 ANTI-DUMPING INVESTIGATION
Article 7 The Subject of Anti-dumping Investigation
The subject of an anti-dumping investigation shall be the import/supply of products to the
customs territory of the Kyrgyz Republic for free ci rculation at prices less than their normal value
causing injury or threatening to cause injury to domestic producers of like products.G/ADP/N/1/KGZ/1
Page 5
Article 8 Application on Determination of the Existence of Dumping and Injury
1. Application on determination of the existen ce of dumping and injury shall be submitted by
domestic producers or on behalf of the domestic producers in written form  to the Authorized Body.
2. The application shall contain the following information:
- name of the applicant, applicants (hereinafter referred to as applicant ), information on
the production of a good by an applicant (volume and prices) as well as information
about the production of the like product by domestic producers known to the applicant;
- description of the product, name of the country of export or origin, information on
known  foreign exporters, producers and importers of this product to the customsterritory of the Kyrgyz Republic, quality characteristics of this product;
- on prices at which the product in question is sold in the markets of countries of origin  or
export, information on export prices as well as domestic market prices of the like
product;
- on the dynamics of the volume of supply of the dumped products, its impact on prices of
the like product in the domestic market and harmful consequences of supplying such a
product.
3. The application shall be considered accepted if the Authorized Body recognizes the
information provided to be sufficient and  info rms the applicant of that in writing.  Prior to
investigating, the Authorized Body shall be obli gated to notify the Government of an Exporting
Country.
Where the Authorized Body considers that the information is insufficient, it must notify the
applicant about that within 10 days and provide him the opportunity to amend or supplement hisapplication.
Where the applicant amends or supplements his application, the term for its examination shall
apply as of the date of receipt of supplements and amendments.
Article 9 Obligatory Requirements for the In itiation of Anti-Dumping Investigation
Procedure on the Application
For the initiation of an anti-dumping investig ation procedure, the Authorized Body shall
provide the observance of the following conditions:
(a) objectiveness of the examination and maximum account of domestic producers’
opinions through revelation of the applicant’s share in aggregated domestic
production of the product in respect of which the request was submitted to examine
the existence of dumping and injury. For this purpose the Authorized Body has the
right to obtain the opinions of other producers of like products and consumers of this
product concerning the application;
 
(b) the application shall be considered by the Authorized Body to have been made on
behalf of  domestic producers, and according to it an anti-dumping investigation is
initiated, if it is supported by those domestic producers whose collective output
constitutes more than  50 per cent of the production volume of the like or directlycompeting products produced by the domestic producers who have expressed their
opinion on the application. These opinions may be «for» and «against» as well as do
not express a certain attitude. Domestic producers supporting the application shouldG/ADP/N/1/KGZ/1
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account for at least 25 per cent of total volume of domestic production of the like
product.
Article 10 Initiation of Anti-Dumping Invest igation on the Initiative of the Authorized
Body
In case where there is sufficient evidence of dumping and injury caused by importation of the
dumped product, the Authorized Body shall have the right, in accordance with the procedure
established by the Government of the Kyrgyz Republic, to make a decision on the initiation of an anti-
dumping investigation on its own initiative.
Article 11 Grounds for Refusal to Initiate Anti-Dumping  Investigation  Procedure
The Authorized Body shall refuse to initiate the anti-dumping investigation procedure on the
accepted application if it established that :
(a) the margin of dumping is de minimis  which means that the margin of dumping is less
than 2 per cent of the export price;  or
(b) the volume of dumped imports and the injury is insignificant,  i.e. the volume of
dumped imports from the country with respect to which the application has been
submitted constitutes less than 3 per cent of total volume of  imports of all likeproducts into the Kyrgyz Republic, except cases when the volume of imports of a
product which is similar to the dumped product from the WTO Members which
individually in imports of such product account for less than 3 per cent of total
volume of imports of the like product to the Kyrgyz Republic collectively accounts
for more than 7 per cent of total volume of imports of the like product in theKyrgyz Republic.
Article 12 Withdrawal of Application on Determination of the Existence of Dumping and
Injury
An applicant may withdraw the application prior to initiation or in the process of  the anti-
dumping investigation. In case where the application has been withdrawn prior to initiation of theanti-dumping investigation, it shall be considered as non-submitted. If the application is withdrawn  in
the course of the anti-dumping investigation, the Aut horized Body shall have the right to continue the
anti-dumping investigation or terminate it without undertaking any measures.
Article 13 Decision on Initiation of the Procedure of Anti-Dumping Investigation
Any decision to initiate  or refuse the initiation of an anti-dumping investigation procedure
shall be made by the Authorized Body within 60 days as of the date the application is accepted.
The decision to initiate  or refuse to initiate an anti-dumping investigation procedure shall be
made on the basis of study of all the data provided in compliance with the conditions set forth in
Articles 9 and 11 of this Law.
The Authorized Body shall inform all interested parties of the decision made, and in case of
refusal it shall inform about the reasons of the decision made.G/ADP/N/1/KGZ/1
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Article 14 Notification on Initiation of  Anti-Dumping Investigation Procedure
1. After the decision to initiate an anti-dumping investigation procedure is made the Authorized
Body shall:
(a) notify all interested parties about the in itiation of the anti-dumping investigation
procedure;
(b) publish a notification in official mass media edition;
2. Notification on the initiation of an anti-dumping investigation procedure must contain the
following information:
(a) the name of the exporting country or countries and the product which is the subject of
the anti-dumping investigation;
(b) the date of initiation of the anti-dumping investigation;(c) statement of evidence confirming the existence of dumping, including assessment of
quality characteristics if the product which is the subject of the anti-dumping
investigation;
(d) a summary of factors  on which the allegation of injury is based;
(e) the time-limits within which interested pa rties must submit their applications in order
to get acquainted with the case and announce their opinions and request a hearing of
the case.
Article 15 Familiarization with the Application on Verification of the Existence of
Dumping and Injury
1. After initiation of an anti-dumping investigation the Authorized Body must provide the full
text of the application to known exporters and the Government of Exporting Country and to all other
interested parties upon their request, provided that confidential information must not be disclosed.
2. In the event if the majority of people are in volved into the anti-dumping investigation, the
Authorized Body may provide the text of the applic ation only to the official power bodies of the
exporting and/or producing country or countries or appropriate trade associations/unions.
CHAPTER 4 THE ORDER FOR DETERMINATION OF DUMPING
Article 16 Dumped Product
The product imported from the other country to the Kyrgyz Republic at a price lower  than its
normal value shall be considered as dumped, if the export price for this product is lower than the price
established  in the course of ordinary trade operations for a like product destined for consumption in
the exporting and/or producing country and the quality of the product corresponds to the quality of a
product produced by domestic producers.
Article 17 Determination of the Normal Value of a Good
1. Sales between related buyers shall not be cons idered to be performed in the framework of
ordinary trade transactions and shall not be take n into account in determining  the normal value,G/ADP/N/1/KGZ/1
Page 8
except for the cases when proofs have been presented confirming that the fact of relationship has not
affected the value of the product.
2. In the case where the product is imported to the Kyrgyz Republic not from the country of
origin but from another exporting country, the Authorized Body shall determine normal value, as arule, on the basis of the price paid or payable in this exporting country (hereinafter referred to as
country of export).
Normal value shall be determined according to  the price in the country of origin in the
following cases:
- if goods are only trans-shipped (transported) through the country of export
- if like goods are not produced in the country of export
- if there is no comparable price for such products in the country of export.
3. In the case where it is impossible to determine the normal value of a product based on prices
in the domestic market  of the exporting and/or producing country (due to the reasons that sale of likegoods is not available or such sales do not allow to make appropriate comparison because  of a
specific market situation or not big volume of sales in the domestic market of the exporting and/or
producing country), the Authorized Body shall determine the dumping margin by means of :
(a) comparison with the comparable price of the like good of the like quality exported to
a third country, under condition that sales of this product are made in sufficient
quantities;
(b) comparison with a constructed value, including production and sales costs, as well as
profit determined in accordance  with Article 18 of this Law.
4. Sales of a like product of like quality may be considered by the Authorized Body as made in
sufficient quantity to determine the normal value,  if their amount for the consumption in the internal
market of the exporting and/or producing country is not less than 5 per cent of the sales volume of this
product to the Kyrgyz Republic. The Authorized Body may apply a lower sales percentage indicator
for appropriate comparison in the presence of evidence of significant volume of sales.
Article 18 Calculation of Production Costs and Profit
1. The Authorized Body shall make calculations of production costs on the basis of accounting
documents of a supplier, in respect of whom an anti-dumping investigation is conducted, under the
condition that such documents comply with the generally accepted accounting principles and
standards of the exporting and/or producing country and accurately reflect the costs related toproduction and sale of the product.
2. The Authorized Body shall consider all available evidence of correct allocation of costs,
including those submitted by the supplier in the course of the anti-dumping investigation, under the
condition that such distribution is usually used by the supplier in particular for the purpose of fixingthe appropriate terms and norms of depreciation, capital expenditures and other costs for the
development of production.
3. The Authorized Body shall adjust costs, taking into account non-recurrent items of expenses
for the development of  production, or in the period of formation of production. Adjustments for theperiod of formation of production shall account the costs by the end of this period. If the period of
formation of the production is beyond the time period for which the information is examined, then the
recent expenses are accounted, which may be take n into consideration by the Authorized Body.G/ADP/N/1/KGZ/1
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4. The amount of costs as well as profit shall be based on the actual data on production and sales
of like goods in the process of  ordinary trade transactions presented by a supplier in respect of whom
an anti-dumping investigation is conducted. If such amounts cannot  be determined on this basis, they
shall be determined on the basis of:
(a) actual amounts paid or received by this or another supplier in connection with
production and sale of the like product in the domestic market of the country of
export and/or origin.
(a) the average weighted actual amounts paid or received by other suppliers in respect of
whom an anti-dumping  investigation is being conducted in connection with theproduction and sales of a similar product of one quality in the domestic market of the
country of export and/or origin.
5. If it is not possible to apply either of thes e  methods, the Authorized Body shall have the
right to use any other reasonable method, under the condition that the amount for profit established bysuch method does not exceed the profit obtained by other suppliers while selling like products of the
same category in the domestic market of the country of export and/or origin.
Article 19 Calculation of Export Price
1. In  cases where there is no export price or where it appears to the Authorized Body, involved
into investigation, that the export price is unreliable because of association or a compensatory
agreement between the exporter and the importer or a third party, the export price may be constructed
on the basis of the price at which the imported products are first resold to a buyer unrelated to the
supplier or the seller, or on another basis to be determined by the Authorized Body.
2. Under circumstances stipulated by paragraph 1 of this Article, while calculating the export
price, the Authorized Body shall be entitled to omit all the transactions between the related parties.
Article 20 Comparison of Export Price and Normal Value
1. The Authorized Body shall make comparison of the export price and the normal value of a
product.  Such comparison shall be made at the same level of a trade transaction, usually at the ex
factory level, and in respect of sales carried out at as nearly as possible the same time.  In each case all
the necessary changes shall be made, taking into account differences which affect comparability of
prices, including differences in conditions and terms of delivery, taxation, level of trade transaction,
quantities, quality characteristics and also any other differences in respect of which the interestedparties provide evidence of their impact upon the price comparability.
2. In the cases stipulated by Article 19 of this Law and pursuant to Article 18 of this Law,
corrections for the expenses, including duties and taxes paid in the period between importation and
resale, as well as for the amount of profit obtained from importation and distribution of the productshall be made. If in such cases comparability of prices is affected, the Authorized Body  shall
establish the normal value at a level of trade equivalent to the level at which the export price was
calculated,  or shall make necessary changes allowed by this Article.
3. The Authorized Body shall have the right to require the information necessary for comparison
from the interested parties. In each concrete case the Authorized Body shall establish the necessary
procedure for providing evidence by each interested party.G/ADP/N/1/KGZ/1
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Article 21 Calculation of the Margin of Dumping
1. The presence of the margin of dumping shall be determined on the basis of comparison of a
weighted average normal value with a weighted average price of all comparable export transactions,
or by comparison of normal value with export prices in each concrete transaction.
2. Normal value determined on the weighted average basis may be compared with the prices of
concrete export transactions if the Authorized Body finds that the export prices are significantly
different for different buyers, regions or time periods. In such circumstances the Authorized Body
shall give an explanation to the interested parties, why such differences can not be taken into account
while comparing either weighted average quantities or the concrete transaction prices. A brief
explanation shall also be given in the notification on application of provisional anti-dumpingmeasures or anti-dumping duties.
Article 22 The Procedure for Determination of Margin of Dumping
1. The Authorized Body shall determine an indi vidual margin of dumping for each supplier of
the product involved in an  anti-dumping investigation.
2. In cases where a big number of suppliers or types of products involved in an anti-dumping
investigation makes it practically impossible to de termine the individual amount of dumping for each
of them, the Authorized Body may limit the research by the utilization of a more valid sample ofsuppliers or types of goods on the basis of information available to the Authorized Body  at the
moment of making the selection, or by the highest percentage of the volume of exports from the
country involved in the anti-dumping investigation.
3. In cases where  the Authorized Body restricts the investigation as it is stipulated in this
Article, the suppliers not initially included into the sample may also provide data.  The Authorized
Body shall determine the individual amount of dum ping for each supplier, not initially included into
the sample, if he provides the necessary information within the time frame when it is to be taken into
account in the course of the anti-dumping investigation, except for the cases where a large number of
the suppliers in case of individual consideration would prolong the period of the anti-dumping
investigation period and interrupt the timely completion of the case.
Article 23 Sales at a Price Lower Than the Level of Costs and Sales
1. The Authorized Body shall not consider the sale s of the  product,  with respect to which the
anti-dumping investigation is carried out, in the domestic market of the exporting country and/or
producing country or sales to a third country at prices lower than the level of the production and salescosts per unit of the product as sales made in the ordinary course of trade transactions, because of the
under-pricing and shall not take into account these sales while determining the normal value in cases
if the sales took place:
(a) within an extended period of time (up to one year, but not less than six months);
(b) in substantial quantities;
(c) at  prices which do not provide for the recovery of  all costs within a reasonably
necessary period of time.
2. Sales  at prices lower than the level of costs per production unit shall be considered as made
in substantial quantities if the Authorized Body determines that:G/ADP/N/1/KGZ/1
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(a) the weighted average sale price in transactions being taken into account in the process
of determination of normal value is lower than the weighted average costs per
production of one unit of a product; or
(b) the volume of sales at prices lower than the production costs per unit of production is
not less than twenty percent of the volume of sales in transactions being taken intoaccount in determination of normal value.
3. Prices that are lower than the production costs per one production unit at the moment of sale
and higher than weighted average production costs in the period of investigation shall be considered
by the Authorized Body as providing for the reco very of all costs within a reasonably necessary
period of time.
Article 24 Currency Conversion on Dumping Determination
If comparison of an export price and normal value requires a conversion of currencies, the
Authorized Body should make such conversion using an objectively justified exchange rate. Normally
the date of contract, purchase order, confirmation of the order or invoice shall be considered the dateof sale, depending on the document determining the terms and conditions of sale.
If export shipment is directly connected with a sale of foreign currency  by a supplier,
received as a payment for this supply in forward currency markets, the Authorized Body must take
into account the exchange rate used by the supplier for the sale of the aforementioned  currency for anappropriate term.
The Authorized Body shall not take into account  short term fluctuations of the exchange rates
and suppliers shall be allowed not less than 60 days for correction of their export prices taking into
account tendency towards changes of the exchange rates during the investigation period.
CHAPTER 5 DETERMINATION OF INJURY
Article 25 Principles of Injury Determination
Determination of injury shall be based on evidence and shall include the examination of the
volume of dumped imports, quality and its impact on prices of like products in the domestic marketand the consequences of such imports for the domestic producers of these products.
Article 26 Cumulative  Evaluation of Injury
Where imports of a product from more then one country are subject to simultaneously held
anti-dumping investigations, the Authorized Body may evaluate the cumulative impact of such
imports only if it is determined that the margin of dumping determined in respect of  imports from
each country is higher than de minimis  and the volume of imports from each country is not negligible
as stipulated in Article 11 of this Law and cumulative evaluation of the impact of imports is
economically justified both in competition between imported products and between imported productsand like products domestically produced.
Article 27 Research of Volume and Prices of Dumped Imports
1. While examining the volume of dumped imports, the Authorized Body shall determine
whether a  significant increase of dumped imports took place in absolute amount or relative to
production or consumption in the Kyrgyz Republic.G/ADP/N/1/KGZ/1
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2. While examining the impact of dumped imports on prices, the Authorized Body shall
determine the level of under-pricing of such imports in comparison with the price of the like product
in the Kyrgyz Republic or to what degree the dumped imports affect the decline of prices or prevent
their increase which should have taken place otherwise.
Article 28 Evaluation of Impact of Dumped Imports on Domestic Producers
1. The examination of the impact of dumped imports on domestic producers shall include
evaluation of all relevant economic factors and indexes affecting the condition of this production by
the Authorized Body, including :
- actual and potential decline in sales, profit, production, market share, productivity,
effectiveness of investments or utilization of facilities;
actors affecting the prices in the domestic market, including quality characteristics of the
product;
- margin of dumping;
- actual and potential impact on  cash flows, in ventories, employment, wages, growth rate,
opportunity  to attract capital or investments.
This list is not complete and the Authorized Body may evaluate other economic factors and indicators
as well, affecting the condition of this production.
2. In order to provide comparison of the production conditions of the dumped product and like
product in the Kyrgyz Republic, and also to exclude the impact of other factors not caused by dumped
imports, the Authorized Body shall conduct investigation of domestic production of the like product
on the basis of examination of its production-technological process, sales of the like product by
domestic producers and obtained profit.
3. Where the Authorized Body does not have necessary information on the group of like
domestically produced goods, the impact of dumped imports shall be evaluated by examination of
domestic production of a more narrow group of pr oducts included into the group of like products on
which necessary information can be provided.
Article 29 Evidence of Injury
1. The Authorized Body must prove on the basis of actual data that dumped imports cause injury
to domestic producers as a result of dumping. In order to prove the causal link  between the dumped
imports and injury to the domestic producers the Authorized Body shall use any actual data provided
by interested  persons.
2. The Authorized Body shall examine the influe nce of other known factors (other than the
dumped imports) which have been functioning in the investigation period and have caused injury to
the domestic producers. Such injury must not be deemed as arising as a result of importation of a
dumped product. These factors include,  specifically,  volume and prices of an imported productwhich was not sold at dumped prices, reduction of demand or changes in consumption structure,
restrictive trade practices and competition between foreign and domestic producers, achievements in
technology as well as the export results and effectiveness of domestic industry.
Article 30 Injury to Regional Producers
Where there is a concentration of dumped imports in a separate regional market of the Kyrgyz
Republic and these imports cause injury to the regional producers, the Authorized Body shall have theG/ADP/N/1/KGZ/1
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right to conduct an anti-dumping investigation in accordance with the provisions of this Law applied
to that region.
Article 31 Threat of Injury
1. The threat of injury shall be based on facts and not on assumptions or future prospects and
shall be certainly anticipated and inevitable.  The Authorized Body must substantiate the threat of
injury to domestic producers caused by dumped imports on the basis of analysis of the following
factors:
(a) significant growth rates of dumped imports to the domestic market, pointing to the
possibility of a future increase in imports;
(b) the supplier has sufficient export potential or potential for an inevitable significant
increase of exports indicating the possibility of a further significant increase in
dumped imports to the Kyrgyz Republic. The possibility for other export markets to
absorb any anticipated volume of additional imports shall be taken into account.
(c) imports at prices which will have a significant declining or depressing influence on
the prices in the domestic market and may increase the demand for additional
imports;
(d) inventories of goods in the country of export and/or production, in respect of which
an anti-dumping investigation is held.
CHAPTER 6 THE PROCEDURE OF ANTI-DUMPING INVESTIGATION
Article 32 Terms of Anti-Dumping Investigation
The term for anti-dumping investigations on dumping and injury shall be established for up to
six months.  In exclusive cases, upon the decision of the Authorized Body, an anti-dumping
investigation may be extended for 6 months.
Article 33 Information on Anti-Dumping Investigation
1. After initiation of an anti-dumping investigation, the Authorized Body shall send
questionnaires/requests to all interested parties.
The interested parties shall be given thirty days for reply.  This term may be extended by the
Authorized Body, but not more than for thirty days. The questionnaire shall be deemed received in
7 days from the date it was sent by mail or transmitted to a representative of the interested party.
In the course of the anti-dumping investigation the Authorized Body may request additional
information from the interested parties establishing the term by which the response must be provided.
2. Each interested party shall have the right to  present in writing any other evidence which it
considers necessary. Written evidence shall not be accepted after a period of 10 days following thehearings stipulated by Article 38 of this Law.
Article 34 Confidentiality of Information on Anti-Dumping Investigation
1. Information provided in the course of an an ti-dumping investigation to the Authorized Body
as confidential shall not be disclosed in any way without written permission of the party submitting it.
2. The party providing confidential information shall furnish a non-confidential explanatory note
thereof.G/ADP/N/1/KGZ/1
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The explanatory note must be detailed enough in order to understand the substance of the
information or explain the reasons for why provision of more detailed non-confidential information is
impossible.
3. If the Authorized Body finds that confidentiality requirement is not warranted  or if the
supplier of the information is either unwilling to make the information public or does not authorize its
disclosure, the Authorized Body  may disregard su ch information, except for the cases when it is
proved that the information is accurate/reliable.
4. The person responsible for disclosure of confidential information shall bear responsibility in
accordance with legislation of the Kyrgyz Republic.
Article 35 Verification of Information Provided Pursuant to the Procedures of Anti-
Dumping Investigation
1. In order to verify accuracy of information or to obtain additional data, the Authorized Body
may carry out anti-dumping investigations on the territory of these countries, provided that there is an
agreement of appropriate exporters and/or producers  and there is no objection from official bodies of
these countries. An anti-dumping investigation on the territory of the WTO Members shall be
performed in accordance with procedures established by the WTO.
2. In order to examine information on the presence of dumping, the Authorized Body shall select
the period from six months up to one year directly preceding the date of initiation of the anti-dumping
investigation, and information regarding injury may be checked in the period of up to four years.
Article 36 Sufficiency of Available Info rmation on Anti-Dumping Investigation
Where any interested party does not provide necessary information in terms established by the
Authorized Body or otherwise impedes an anti-dum ping investigation, the Authorized Body shall
have the right to make decisions on the basis of information available.
Article 37 The Order of Maintenance of a File Case
1. The Authorized Body shall maintain a file for each anti-dumping investigation according to
established order. All the required documents relating to a concrete anti-dumping investigation shall
be filed, terms of keeping shall be determined by the Authorized Body.
2. Documents of the file shall be provided to the interested parties for familiarization upon their
request in the course of the antidumping investigation and review of the case.
Article 38 Hearings
1. Interested parties shall be entitled to request the Authorized Body for a hearing on the case in
order to get familiar with the materials of the case and arguments of the other party.
2. Hearings shall be chaired by an official of the Authorized Body which shall ensure that
confidentiality is preserved. Representatives of the Authorized Body and witnesses  of the parties,
provided that the interested party shall notify abou t them in advance, shall be present at hearings.
Each party shall be entitled for one hearing to be held.
3. Interested parties shall be entitled to prov ide additional information to the Authorized Body
within 10 days after the hearing has been held.G/ADP/N/1/KGZ/1
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4. Additional  hearing may be held if the request of the interested parties on additional hearing is
justified.
5. The Authorized Body shall keep the protocol of  the hearings. Interested parties shall have the
right to provide additional information during the hearings. Oral information shall be accepted for
consideration by the Authorized Body only after its written confirmation.
Article 39 Preliminary Positive Ruling
On the basis of actual information, received in the course of an anti-dumping investigation,
the Authorized Body shall make a preliminary ruling in respect of the presence of dumping and injurythat the dumping causes to the domestic producers.
Article 40 Provisional Anti-Dumping Measures and Order of Application
1. Upon reaching a preliminary positive ruling on the presence of dumping and injury, the
Authorized Body shall send a notice of intention to apply provisional anti-dumping  measures to all
interested entities and official bodies of their countries. The entities involved in the investigation shall
have the right to present their written comments in respect of the grounds of imposition of provisional
anti-dumping measures within 10 days following notification.
2. The decision on the imposition of provisional anti-dumping measures shall be made by the
Government of the Kyrgyz Republic as petitioned by the Authorized Body. Provisional anti-dumping
measures in the form of provisional duties, cash deposit or pledge liability may by imposed on the
supplier only after a preliminary positive ruling is made but not earlier than in 60 days from the
moment of initiation of the investigation.  Provisional measures shall not be greater than the dumpingamount established provisionally.
3. Provisional anti-duping measures shall be applied by the Customs Bodies of the Kyrgyz
Republic only for the products released for free circulation to its customs territory after the date of
publication of the governmental decision on their application.
Article 41 Publication of the Decision on  Imposition of Provisional Anti-Dumping
Measures
The decision of the Government of the Kyrgyz Republic to introduce anti-dumping
provisional measures must be published in the official mass media edition and must contain the
following information:
- the names of suppliers or the supplying countries;
- a detailed description of the product (sufficient for customs purposes) with indication of
quality characteristics;
- determined dumping amount and a full explanation of the reasons for the methodology
used in the calculations;
- the rate of anti-dumping provisional duties, amount of cash deposit or pledge liability,
and terms of their application;
- criteria of the injury determination
- the main reasons for application of provisional measures;- any other  information necessary for understanding of the factual circumstances and legal
aspects.
The publication shall not contain confidential information.G/ADP/N/1/KGZ/1
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Article 42 Effective Term of Anti-Dumping Provisional Measures
Anti-dumping provisional measures may be imposed for the term not exceeding six months,
but in case where the provisional anti-dumping measures are not sufficient to eliminate injury withinsix months the period of their validity may be extended for up to nine months.
CHAPTER 7 COMPLETION OF ANTI-DUMPING  INVESTIGATION
Article 43 Completion of Anti-Dumping Investigation
1. Not later than one  month before a  final deci sion  is made, the Authorized Body must inform
all interested parties in the written form about the main facts, on basis of which the final decision will
be made.
The interested parties shall be granted 15 days to provide their comments on the indicated
facts to the Authorized Body.
2. Anti-dumping investigations held by the  Authorized Body on determination of dumping,
injury and connections therewith may result in the following decisions:
- termination of an anti-dumping investigation without measures undertaken;
- undertaking of prices obligation by exporter and/or producer;
- introduction of anti-dumping duties.
Article 44 Grounds for Termination of Anti-Dumping  Investigation Without Measures Taken
1. An anti-dumping investigation shall be term inated without measures being taken if it is
established that:
(a) there is not sufficient evidence of dumping or injury;
(b) the margin of dumping is  de minimis , or the volume  of dumped imports (actual or
potential) or the amount of injury is negligible in accordance with the provisions of
Article 11 of this Law.
Article 45 Determination of the Amount of Anti-Dumping Duties
1. The anti-dumping duties shall be established in the amount  sufficient for the elimination of
injury caused by dumping. The amount of anti-dumping duty shall not exceed the margin of dumping.
2. In case the amount paid in connection with  imposition of anti-dumping provisional measures
is higher than the margin of dumping, the supplier shall have a right to refund of the exceeding sum.
The Authorized Body shall make a decision on refund of the amount paid in excess of the margin of
dumping upon the supplier’s justified request on refund. A decision on refund has to be made within30 days. After the decision on refund is made, the amount paid in excess shall be refunded within
90 days.
Article 46 Introduction of Anti-Dumping Duties
1. Decision on introduction of anti-dumping duties and  rate thereof shall be made by the
Government of the Kyrgyz Republic upon the proposal of the Authorized Body and shall be effective
after it h as been approved by the Legislative Assembly of Jogorku Kenesh of the Kyrgyz Republic
and officially published in the official mass media edition. The publication must contain informationG/ADP/N/1/KGZ/1
Page 17
pursuant to Article 41 of this Law, as well as the reasons for the acceptance or rejection of arguments
or claims of the suppliers.
2. On the basis of the decision of the Government of the Kyrgyz Republic on the introduction of
anti-dumping duty, the Customs Bodies of the Kyrgyz Republic shall impose it on all importedproducts in respect of which an anti-dumping investigation has been held, except for the goods of the
suppliers from which price undertakings have been accepted.
Article 47 Anti-Dumping Investigat ion in Respect of Third Parties
1. If after completion of an anti-dumping investigation a third party not related to other suppliers
of goods on which anti-dumping duties are imposed initiates the importation of a like good, the anti-dumping investigation shall be initiated within 30 days and completed no later than 12 months after
the day on which the application has been received.
2. In the course of an anti-dumping investigation, anti-dumping duties in respect of a third party
shall not be applied, but the Authorized Body shall have the right to apply provisional anti-dumpingmeasures.
Article 48 Terms for Initiation of the Application of Anti-Dumping Duties
1. The anti-dumping duties can not be imposed on the goods released for free circulation prior to
the date of initiation of an anti-dumping investigation.
2.  Provisional anti-dumping measures  and anti-dumping duties shall be applied only to the
products released for free circulation after publication and effectiveness of the decisions on the
introduction of these measures and duties, except for cases stipulated in paragraphs 3 and 4 of thisArticle.
3. Anti-dumping duties may be imposed from the date of introduction of provisional anti-
dumping measures only in cases if measures have been applied to the concerned product and the
Authorized Body has made a preliminary positive ruling on the presence of injury or a threat of injury
to domestic producers.
4. An anti-dumping duty may be levied on products released for free circulation not earlier than
90 days prior to the date of introduction of provisional measures except for the goods imported within
this period of time but before violation of price undertakings, if in the course of the anti-dumping
investigation it was established that:
(a) there is a history of dumping which has been causing injury;
(b) the injury caused by massive dumped import of a product in a short time is likely to
seriously undermine the remedial effect of the anti-dumping duty being introduced.
5. In case there is an evidence on the facts mentioned in items a) and b) of paragraph 4 of this
Article, the Authorized Body shall terminate the anti-dumping investigation and shall make a positive
conclusion to introduce anti-dumping duties.
Article 49 Effective Term of Anti-Dumping Duties
Anti-dumping duty shall be effective for not more than five years from the date of its
imposition or last reconsideration. Reconsideration of anti-dumping duty shall be provided by the
Authorized Body on its own initiative or upon a request made by or on behalf of the domesticG/ADP/N/1/KGZ/1
Page 18
producers within 45 days from the date of the notice sent by the Authorized Body on impending
termination. If it is established that termination of the duties would entail emergence of injury or its
continuation, the Authorized Body shall appeal to the Government of the Kyrgyz Republic to prolong
the effective term of the previously introduced anti-dumping duties.
CHAPTER 8 PRICE UNDERTAKINGS
Article 50 Price Undertakings
1. The anti-dumping investigation may be suspended or terminated without imposition of
provisional anti-dumping measures or anti-dumping duties upon receipt of a voluntary undertaking
from the supplier involved into the anti-dumping inves tigation to revise the price or to cease import of
a product to the Kyrgyz Republic at dumped prices in respect of which the anti-dumping investigation
is conducted so to eliminate the injurious effect of the dumping.
2. The Authorized Body shall have no right to require that price increases under such
undertakings be higher than the established margin of dumping. Price increases may be less than thedumping margin if the Authorized Body determines th at such increase will be sufficient to eliminate
the injury.
3. Price undertakings may be suggested by the Authorized Body, but no supplier shall be forced
to enter into such  an undertaking.
Article 51 Conditions for Acceptance of Price Undertakings
1. Price undertakings may be adopted by the Authorized Body only after a preliminary positive
ruling is made, in accordance with Article 39 of this Law,  in respect of dumping and injury caused bysuch dumping.
2. Undertaking on prices cannot be accepted if the Authorized Body considers its acceptance
impractical due to the great number of suppliers or by other reasons on which the Authorized Body
must inform the supplier.
Article 52 Control over Price Undertakings
1. The Authorized Body shall have the right to require the supplier from whom price
undertakings have been accepted to provide information relevant to the fulfilment of the accepted
price undertakings and conduct verification on the accuracy of information provided.
2. In case of violation of the accepted price undertakings by the supplier, the Authorized Body
shall have the right to impose provisional measures immediately.
Article 53 Effect of Price Undertakings
1. The Authorized Body shall have the right to terminate investigation  in the case of fair
execution of accepted price undertakings by suppliers.
2. The Authorized Body shall proceed with an anti-dumping investigation upon  the acceptance
of price undertakings in order to determine the presence of dumping and injury in cases when thesupplier, who has accepted a price undertaking, so requests, or on its own initiative.G/ADP/N/1/KGZ/1
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3. A price undertaking shall be cancelled by the Authorized Body in case no dumping or injury
has been found, with exception of cases when the absence of dumping or injury is the result of the
accepted price undertaking.
The price undertaking shall be effective until the injury and dumping are eliminated.
Article 54 Notification on the Acceptance of Price Undertaking
1. As soon as a price undertaking is accepted the Authorized Body shall send notification to all
interested  parties in compliance with the  provisions of Article 41 of this Law.
A price undertaking  shall become effective in 7 days after notification is sent by mail or
handed to the representative of an interested party.
CHAPTER 9 FINAL PROVISIONS
Article 55 Conditions and the order for annulment of anti-dumping provisional measures
1. If  the amount of effective anti-dumping provisional measures is less than the imposed anti-
dumping duty, the difference shall not be collected, if it is more, the difference shall be reimbursed on
one occasion only due to the wish of the supplier or taken into account by the Authorized Body while
calculating the amount of anti-dumping duty.
2. Upon the revealing of a threat of injury by the Authorized Body an anti-dumping duty may be
imposed only from the date of reaching a positive ruling on the presence of a threat of injury and
effective provisional anti-dumping measures shall be cancelled and any cash deposit made during the
period of the application of provisional anti-dumping measures shall be refunded and any monetary
obligation of the supplier must be cancelled.
3. If in the course of an anti-dumping investigation the Authorized Body discovers  that there is
neither dumping no injury, all provisional anti-dumping measures shall be terminated within 10 days
and withdrawn amounts shall be reimbursed within 30 days in accordance with established
order/procedure.
Article 56 Abolishment or Revision of Anti-Dumping Measures
The Authorized Body may any time on its ow n initiative or upon the initiative of the
interested parties consider expediency to continue the application of measures or possibility of their
revision, if there are evidences that a product recognized earlier as being dumped  is imported at aprice close or equal to its normal value which eliminates or decreases the amount of margin of
dumping or injury.
In the event it is established that the applicable anti-dumping measures are no longer
warranted, the Authorized Body shall introduce the proposal to the Government of the KyrgyzRepublic to abolish or change the amount.
Article 57 Customs Clearance
Effectuation of an anti-dumping investigation shall not be a basis for obstacles in customs
clearance of a product.G/ADP/N/1/KGZ/1
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Article 58 Procedure for Appealing the Decisions
Decisions made by the Authorized Body in accordance with this Law may be appealed in
court by interested parties, pursuant to the order stipulated by legislation of the Kyrgyz Republic.
Article 59 The Order of Enforcement of This Law
This Law shall come into force from the moment of its signing.
A. Akaev
President of the Kyrgyz Republic
Adopted by the Legislative Assembly of
Jogorku Kenesh of the Kyrgyz Republic
on 7 October 1998
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