G/ADP/N/1/KGZ/3/Suppl.1  
G/SCM/N/1/KGZ/3/Suppl.1  
G/SG/N/1/KGZ/3/Suppl.1  
 
18 December 2023  
(23-8641) Page: 1/21 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS  UNDER  
ARTICLE S 18.5, 32.6 AND 12.6  OF THE AGREEMENT S 
KYRGYZ REPUBLIC  
Supplement  
The following communication, dated and received 14 December  2023, is being circulated at the 
request of the delegation of the Kyrgyz Republic . 
 
_______________  
 
 
I. RELEVANT LAWS AND REGULATIONS  
Pursuant to Article 18.5 of the Agreement on Implementation of Article VI of the General Agreement 
on Tariffs and Trade 1994, Article 32.6 of the Agreement on Subsidies  and Countervailing Measure s 
and Article 12.6 of the Agreement on Safeguards , the Kyrgyz  Republic hereby notifies the WTO 
Members of the Law "On Special Safeguard , Anti -dumping and Countervailing  measures  for the 
import of goods " adopted on 3 July 2023.  
LAW OF THE KYRGYZ REPUBLIC  
Bishkek, dated July 3, 2023 No. 131  
On Special Safeguard, Anti -Dumping, and Countervailing measures for the 
Import of Goods  
Chapter 1. General Provisions  
Article 1. Purpose and Scope of this Law  
1. This Law regulates relations arising in the course of foreign trade in goods, establishes the 
legal basis fo r the application of special safeguard, anti -dumping, and countervailing 
measures for the import of goods.  
2. This Law applies to legal relations arising in connection with investigations preceding the 
imposition of special safeguard, anti -dumping, or counter vailing measures for the import of 
goods.  
3. The provisions of this Law do not apply to relations related to the provision of services, 
performance of work, transfer of exclusive rights to intellectual property objects, or the 
granting of the right to use int ellectual property objects, as well as investment, currency, 
and export control regulated by other laws of the Kyrgyz Republic.  G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  Article 2. Basic Concepts Used in this Law  
In this Law, the following concepts are used:  
1) Similar Goods  - goods that are completely identical to the goods that are or may become 
the subject of an investigation (re -investigation), or in the absence of such goods, other 
goods with characteristics close to those of the goods that are or may become the subject 
of an investigation (re -investigation);  
2) Anti-dumping Measure  - a measure to counteract dumping imports, applied by the 
decision of the authorized body through the imposition of an anti -dumping duty, including a 
preliminary anti -dumping duty, or approval of voluntary price commitments made by the 
exporter;  
3) Anti-dump ing Duty  - a duty applied when anti -dumping measures are introduced and 
collected by customs authorities independently of the import customs duty;  
4) Domestic Market  - a market limited to a specific customs territory, within which market 
participants carry ou t their foreign economic activity with each other;  
5) Dumping  - the sale of goods on the foreign market (or on the domestic market) at 
intentionally reduced prices;  
6) Dumping Margin  - expressed as a percentage, the ratio of the normal cost of goods, minus 
the export price of that goods, to its export price, or the difference between the normal cost 
of goods and its export price expressed in absolute terms;  
7) Dumping Import  - the import of goods into the customs territory at a price below the 
normal cost of similar  goods;  
8) Import Quota  - restriction of the import of goods into the customs territory of the country 
and/or integration association in terms of its quantity and/or value;  
9) Countervailing Measure  - a measure to neutralize the impact of a specific subsidy of t he 
exporting country on the industry, applied by the decision of the authorized body through 
the imposition of a countervailing duty (including a preliminary countervailing duty) or 
approval of voluntary commitments made by the authorized body of the subsi dizing country 
or the exporter;  
10) Countervailing Duty  - a duty applied when a countervailing measure is introduced and 
collected by customs authorities independently of the import customs duty;  
11) Material Damage to the Industry  - evidence -based deterioration o f the economic 
condition of the industry, which may manifest itself in a reduction in the volume of production 
of similar goods in the country and/or integration association, a decrease in the profitability 
of the production of such goods, as well as a neg ative impact on inventories, employment, 
wages, and investments in this industry;  
12) Directly Competing Goods  - goods comparable to the goods that are or may become the 
subject of an investigation (re -investigation), in terms of purpose, application, qualitat ive 
and technical characteristics, and other essential properties, so that the buyer replaces or is 
ready to replace them in the process of consuming the goods that are or may become the 
subject of an investigation (re -investigation);  
13) Industry  - a set of e nterprises of the country and/or integration association, extracting, 
producing, or supplying homogeneous or specific products using similar technologies;  
14) Ordinary Course of Trade  - the purchase and sale of similar goods on the foreign market 
of the state from which the investigated goods are exported, at a price not lower than its 
average weighted cost, determined based on the average production costs and average 
trade, administrative, and general expenses;  G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  15) Investigating Body  - a body acting within the pow ers granted to it by the Cabinet of 
Ministers of the Kyrgyz Republic, except in cases provided for by international treaties that 
have entered into force in accordance with the legislation of the Kyrgyz Republic;  
16) Preliminary Anti -dumping Duty  - a duty appl ied when importing goods into the customs 
territory of the country and/or integration association, in relation to which the investigating 
body has made a preliminary conclusion during the investigation about the existence of 
dumping imports and the resulti ng material damage to the industry or the threat of its 
occurrence, or a substantial delay in the creation of the industry;  
17) Preliminary Countervailing Duty  - a duty applied when importing goods into the customs 
territory of the country and/or integration a ssociation, in relation to which the investigating 
body has made a preliminary conclusion during the investigation about the existence of 
subsidized imports and the resulting material damage to the industry or the threat of its 
occurrence, or a substantial  delay in the creation of the industry;  
18) Preliminary Special Duty  - a duty applied when importing goods into the customs territory 
of the country and/or integration association, in relation to which the investigating body has 
made a preliminary conclusion d uring the investigation about the existence of increased 
imports that have caused or threaten to cause serious damage to the industry;  
19) Preceding Period  - 3 calendar years immediately preceding the date of filing an 
investigation request, for which necessar y statistical data are available;  
20) Investigation - a procedure carried out by the investigating body preceding the imposition 
of special safeguard , anti-dumping, and countervailing measures;  
21) Related Parties  - persons who meet one or more of the following criteria:  
- each of these persons is an employee or manager of an organization created with the 
participation of other persons;  
- persons are business partners, i.e., connected by contractual relations, act for profit, and 
jointly bear expenses and losses associated with joint activities;  
- persons are employers and employees of the same organization;  
- any person who directly or indirectly owns, controls, or is the nominal holder of 5 or more 
percent of the voting shares or stakes 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 marital, kinship, or property relationships, adopter and adopted, as well as 
guardian and ward;  
22) Serious Damage to the Industry  - evidence -based general deterioration of the situation 
related to the production of similar or directly compet ing goods, expressed in a significant 
deterioration of the production, trade, and financial position of the industry and is usually 
determined for the preceding period;  
23) Special Safeguard Measure  - a measure to restrict increased imports of goods to the 
customs territory of the country and/or integration association, applied by the decision of 
the authorized body through the imposition of an import quota, special quota, or special 
duty, including a preliminary special duty;  
24) Special Duty  - a duty imposed afte r the introduction of a special safeguard measure, 
independently of the collection of the import customs duty;  
25) Special Quota  - the volume (in natural and/or cost terms) of the import of goods, within 
which the goods are supplied to the customs territory of the Kyrgyz Republic without paying 
a special duty, and beyond which - with the payment of a special duty;  G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  26) Country -user of t he tariff preference system  - exemption from payment or reduction 
of import customs duty rates for goods originating from countries forming a free trade zone 
together with an integration association or exemption from payment, reduction of import 
customs du ty rates for goods originating from countries -users of a single system of tariff 
preferences;  
27) Subsidized Import  - import into the customs territory of the country of goods for the 
production, export, or transportation of which a specific subsidy of the exp orting foreign 
state was used;  
28) Subsidizing Body  - a state body or a local self -government body of the exporting foreign 
state or a person acting on behalf of the respective state body or local self -government body 
or authorized by the respective state body  or local self -government body in accordance with 
a legal act or based on factual circumstances;  
29) Customs Territory of the Kyrgyz Republic  - the territory of the Kyrgyz Republic, including 
the territories of free economic zones, as well as structures, insta llations, and other objects 
located outside the territory of the Kyrgyz Republic, in relation to which the Kyrgyz Republic 
has exclusive jurisdiction, unless otherwise provided by international treaties that have 
entered into force in accordance with the l egislation of the Kyrgyz Republic;  
30) Threat of Material Damage to the Industry  - evidence -based inevitability of causing 
material damage to the industry;  
31) Threat of Serious Damage to the Industry  - evidence -based inevitability of causing 
serious damage to the  industry;  
32) Authorized Body  - a permanently operating regulatory body determined by the Cabinet of 
Ministers of the Kyrgyz Republic, except in cases provided for by international treaties that 
have entered into force in accordance with the legislation of th e Kyrgyz Republic;  
33) Export Price  - the price paid or to be paid when importing goods into the customs territory 
of the state;  
34) Exporting Foreign State  - a foreign state (association of foreign states) that is not a 
participant in an integration association, from which goods are imported that have been or 
may become the subject of an investigation.  
Article 3. Legal Framework of the Kyrgyz Republic on Special Safeguard, Anti -Dumping, 
and Countervailing Measures for the Import of Goods  
1. The legal framework of the  Kyrgyz Republic on special safeguard, anti -dumping, and 
countervailing measures for the import of goods is based on the Constitution of the 
Kyrgyz  Republic, consists of this Law, and other regulatory legal acts of the Kyrgyz Republic 
in the field of regul ating foreign trade activities, as well as international treaties that have 
entered into force in accordance with the legislation of the Kyrgyz Republic.  
2. If the norms of international treaties that have entered into force in accordance with the 
legislation of the Kyrgyz Republic establish norms different from those provided for by this 
Law, the norms of international treaties are applied unless otherwise determined by the 
norms of international law.  
Article 4. Investigation for the Purpose of App lying Special Safeguard, Anti -Dumping, and 
Countervailing Measures  
1. The imposition of special safeguard, anti -dumping, and countervailing measures on the 
import of goods must be preceded by an investigation conducted in accordance with the 
norms of this Law  and/or international treaties that have entered into force in accordance 
with the legislation of the Kyrgyz Republic.  G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  2. The investigation mentioned in part 1 of this article is carried out to establish the presence 
of increased imports into the customs terr itory of the Kyrgyz Republic and the resulting or 
threatened causing of serious damage to the industry, as well as to establish the presence 
of dumping or subsidized imports and the resulting or threatened causing of material 
damage to the industry.  
3. The pr ocedure and rules for conducting investigations preceding the imposition of special 
safeguard, anti -dumping, and countervailing measures, repeat investigations, the procedure 
for the work of the investigating body, the procedure for conducting an analysis of the impact 
of increased dumping and subsidized imports, consultations, and notifications are 
determined by the Cabinet of Ministers of the Kyrgyz Republic, except in cases provided for 
by international treaties that have entered into force in accordance  with the legislation of 
the Kyrgyz Republic.  
Article 5. Interaction of the Authorized Body in the Conduct of Investigations and the 
Imposition, Application, Review, and Cancellation of Special Safeguard, Anti -Dumping, 
and Countervailing Measures  
1. The autho rized body interacts with the investigating body on issues of special safeguard, 
anti-dumping, and countervailing measures.  
2. The authorized body submits proposals to the investigating body for initiating investigations 
preceding the application of special s afeguard, anti -dumping, and countervailing measures.  
3. The authorized body coordinates the work of state bodies of the Kyrgyz Republic on issues 
of special safeguard, anti -dumping, and countervailing measures.  
4. The authorized body develops and coordinates wit h interested state bodies of the 
Kyrgyz  Republic issues related to special safeguard, anti -dumping, or countervailing 
measures.  
5. The authorized body develops regulatory legal acts on issues of special safeguard, 
anti-dumping, or countervailing measures.  
6. The authorized body interacts with official bodies of other countries and international 
organizations.  
7. The authorized body exercises other powers provided by this Law and other regulatory legal 
acts in the field of foreign trade ac tivities of the Kyrgyz Republic.  
Article 6. Calculation, Payment, and Refund of Special, Anti -Dumping, and countervailing  
Duties  
1. The calculation of special, anti -dumping, and countervailing duties, the emergence and 
termination of the obligation to pay the se duties, the determination of terms and procedures 
for their payment, crediting, distribution, and refund of special, anti -dumping, and 
countervailing duties are carried out in accordance with the legislation of the Kyrgyz Republic 
in the field of custom s regulation and/or international treaties that have entered into force 
in accordance with the legislation of the Kyrgyz Republic.  
2. The payment, crediting, distribution, and refund of preliminary special, preliminary 
anti-dumping, and preliminary countervailing duties are carried out in accordance with the 
legislation of the Kyrgyz Republic in the field of customs regulation and/or international 
treaties that have entered into force in accordance with the legislation of the 
Kyrgyz  Republic.  G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  Chapter  2. Special Safeguard Measures  
Article 7. General Principles of Applying Special Safeguard Measures  
1. A special safeguard measure is applied to a product if, as a result of an investigation, it is 
established that the import into the customs territory of the Kyrgyz Republic is carried out 
in such quantities (in absolute or relative terms to the total production volume of a similar 
or directly competing product) and under such conditions that it causes or poses a threat of 
causing serious damag e to the industry.  
2. A special safeguard measure is not applied to a product that is the subject of the 
investigation and originates from a developing or least developed country -user of the tariff 
preference system until the share of the import of this produ ct from such a country exceeds 
3 percent of the total import volume of a similar product into the customs territory of the 
Kyrgyz Republic, provided that the total share of imports of the product from such countries 
does not exceed 9 percent of the total i mport volume of a similar product.  
3. Special safeguard measures are not applied in cases established by international treaties 
that have entered into force in accordance with the legislation of the Kyrgyz Republic.  
Article 8. Determination of Serious Damage to the Industry or the Threat of Its Occurrence 
Due to Increased Import  
1. The investigating body, in order to determine serious damage to the industry or the threat 
of its occurrence due to an increased volume of imports into the customs territory of the 
Kyrgyz Republic during the investigation, evaluates objective factors that can be expressed 
in quantitative terms and affect the economic situation of the industry.  
2. In addition to the increased volume of imports, the investigating body analyzes other known 
factors that cause or pose a threat of causing serious damage to the industry during the 
same period. Such damage should not be attributed to causing or threatening serious 
damage to the industry due to increased imports into the customs territory of the 
Kyrgyz Republic.  
Article 9. Introduction of Preliminary Special Duty  
1. In critical circumstances, when a delay in applying a special safeguard measure would lead 
to damage to the industry that would be difficult to remedy later, the investigating body, 
before c ompleting the relevant investigation, may decide to introduce, for a period not 
exceeding 200 calendar days, a preliminary special duty based on the preliminary conclusion 
of the investigating body, according to which there is clear evidence that the incre ased 
volume of imports of the investigated product causes or threatens to cause serious damage 
to the industry.  
The investigation must be continued until the final conclusion of the investigating body is 
received.  
2. Before deciding on the introduction of a p reliminary special duty, the authorized body 
coordinates with the relevant state bodies of the Kyrgyz Republic the proposal for its 
introduction prepared by the investigating body based on the preliminary conclusion.  
3. If, as a result of the investigation, t he investigating body finds that there are no grounds for 
the imposition of a special safeguard measure or a decision has been made not to apply 
such a measure, the preliminary special duty shall be refunded in accordance with Article 6 
of this Law.  
4. If, as a result of the investigation, a decision is made to apply a special safeguard measure 
(including the introduction of an import or special quota), the period of validity of the 
preliminary special duty is credited to the total period of the special safegu ard measure, and 
the amounts of the preliminary special duty from the date of entry into force of the decision G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  to apply a special safeguard measure shall be credited and distributed in accordance with 
Article 6 of this Law.  
5. If, as a result of the investiga tion, it is deemed expedient to introduce 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 shall 
be cr edited and distributed in accordance with Article 6 of this Law. Amounts of the 
preliminary special duty exceeding the amount of the special duty calculated at the 
established rate shall be refunded in accordance with the legislation of the Kyrgyz Republic  
in the field of customs regulation and/or international treaties that have entered into force 
in accordance with the legislation of the Kyrgyz Republic.  
6. If, as a result of the investigation, it is deemed expedient to introduce 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 is not collected.  
7. The decision to introduce a preliminary special duty is made no later than 6 months from 
the start of  the investigation.  
Article 10. Application of Special Safeguard Measures  
1. A special safeguard measure is applied by the decision of the authorized body in the amount 
and for the period necessary to prevent or eliminate serious damage or the threat of such 
damage to the industry, as well as to facilitate the process of adapting the industry to 
changing economic conditions.  
2. Before the authorized body makes a decision on the application of a special safeguard 
measure, the proposal for the introduction of a spe cial duty, import, or special quota 
prepared by the investigating body is coordinated with interested parties.  
3. In cases where a special safeguard measure is applied through the imposition of an import 
quota, its size is set at no less than the average annu al import volume of the product for the 
preceding period under investigation (in quantitative or value terms), except in cases where 
it is necessary to apply a smaller import quota to eliminate serious damage or the threat of 
such damage to the industry.  
4. The procedure for applying a special safeguard measure in the form of an import quota is 
established by the decision on the application of special safeguard measures. If such a 
decision provides for the licensing of imports, licenses are issued in accordanc e with the 
legislation of the Kyrgyz Republic in the field of regulating foreign trade.  
5. In the case of a special safeguard measure in the form of a special quota, the determination 
of the size, distribution, and application of such a quota is carried out in the manner provided 
for an import quota.  
Article 11. Duration and Review of Special Safeguard Measures  
1. The duration of a special safeguard measure does not exceed 4 years, except for cases of 
extension in accordance with part 2 of this article.  
2. The duration of a special safeguard measure specified in part 1 of this article is extended by 
the authorized body based on the results of a repeated investigation, if necessary to 
eliminate serious damage or the threat of such damage to the indus try, provided that there 
is evidence that measures are being taken by the relevant industry to adapt to changing 
economic conditions.  G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  Chapter 3. Anti -Dumping Measures  
Article 12. General Principles of Applying Anti -Dumping Measures  
1. An anti -dumping measure is applied to a product that is the subject of dumping imports if, 
as a result of an investigation, it is established that the import of such a product into the 
customs territory of the Kyrgyz Republic causes material damage, poses a threat of such 
damage to the industry, or significantly impedes the establishment of the industry.  
2. A product is subject to dumping imports if the export price of such a product is below its 
normal value.  
3. The investigation period, for which information is analyzed to determine t he presence of 
dumping imports, is established by the investigating bod y. 
Article 13. Determination of Dumping Margin  
1. The dumping margin is determined by the investigating body based on the comparison of 
the normal value of the product subject to anti -dump ing investigation in the exporting 
country and the export price of the said product.  
2. The comparison of the export price of the product with its normal value is carried out at the 
same stage of the trading operation and in relation to cases of sale of the p roduct that 
occurred, if possible, at the same time.  
3. When comparing the export price of the product with its normal value, adjustments are 
made, taking into account differences that affect the comparability of prices, including 
differences in conditions an d characteristics of deliveries, taxation, stages of trading 
operations, quantitative indicators, physical characteristics, and any other differences for 
which evidence is provided.  
The investigating body ensures that adjustments for these differences do not duplicate each 
other and do not distort the result of comparing the export price of the product with the 
normal value of the product. The investigating body has the right to request from interested 
parties the information necessary to ensure proper com parison of the export price of the 
product with its normal value.  
4. In cases where transactions for the purchase and sale of a similar product in the ordinary 
course of trade on the market of the exporting foreign country are absent or, due to a low 
volume o f sales or a specific situation in this market, it is impossible to properly compare 
the export price of the product with the price of a similar product when sold on the market 
of the exporting foreign country, the export price of the product is compared w ith a 
comparable price of a similar product imported from the exporting foreign country into 
another foreign country (provided that the price of a similar product is representative), or 
with the production costs of the product in the country of origin, tak ing into account 
necessary administrative, trading, and general expenses and profit.  
5. In the case of goods imported into the customs territory of the Kyrgyz Republic from an 
exporting foreign country that is not the country of origin, the export price of su ch goods is 
compared with a comparable price of a similar product in the market of the exporting foreign 
country.  
The export price of the goods may be compared with a comparable price of a similar product 
in the country of origin only if this product is redirected through the exporting foreign country 
from which it is exported to the customs territory of the Kyrgyz Republic, or if it is not 
produced, or there is no comparable price of a similar product in that foreign country.  
6. In cases where it  is necessary to convert the amounts of the export price and the normal 
value from one currency to another when comparing them, such conversion is carried out 
using official exchange rates on the day of the sale of the goods.  G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  7. The investigating body determines an individual dumping margin for each known exporter 
and/or producer of the product who has provided the necessary information allowing the 
determination of an individual dumping margin.  
Article 14. Determination of Normal Value of the Product  
1. The normal value of the product is determined by the investigating body based on the prices 
of a similar product in the investigation period on the domestic market of the exporting 
foreign country in the ordinary course of trade, with buyers not being perso ns related to the 
manufacturer and/or exporter who are residents of that foreign country, for use on the 
territory of the exporting foreign country.  
In determining the normal value, prices of a similar product on the domestic market of the 
exporting foreig n country when sold to buyers related to the manufacturer and/or exporter 
who are residents of that foreign country may be taken into account if it is established that 
such a connection does not affect the pricing policy of the foreign producer and/or expo rter. 
2. The volume of sales of a similar product in the ordinary course of trade on the domestic 
market of the exporting foreign country is considered sufficient to determine the normal 
value of the product if it constitutes no less than 5 percent of the tot al volume of the product 
exported to the customs territory of the Kyrgyz Republic. A lower volume of sales of a similar 
product is considered acceptable for determining the normal value of the product if it is 
reliably sufficient to ensure proper compariso n of the export price of the product with the 
price of a similar product in the ordinary course of trade.  
3. When determining the normal value of the product in accordance with part 1 of this article, 
the price of the product on the domestic market of the exp orting foreign country is the 
weighted average price at which a similar product was sold, or the selling price of the product 
in each individual case during the investigation period.  
4. The sale of a similar product on the domestic market of the exporting for eign country or 
from the exporting foreign country to another foreign country at prices below the cost of 
production per unit of a similar product, taking into account administrative, trade, and 
general expenses, may not be taken into account when determin ing the normal value of the 
product if the investigating body establishes that during the investigation period, such sales 
are made on a significant scale and at prices that do not cover all costs for this period.  
5. If the price of a similar product, which i s lower than the cost of production per unit of a 
similar product, taking into account administrative, trade, and general expenses at the time 
of its sale, exceeds the weighted average cost of production per unit of the product, taking 
into account adminis trative, trade, and general expenses during the investigation period, 
such a price is considered to cover all costs during the investigation period.  
6. The sale of a similar product at prices below the cost of production per unit of a similar 
product, taking into account administrative, trade, and general expenses, is considered to 
be carried out on a significant scale if the weighted average price of a similar product in 
transactions taken into account when determining the normal value of the product is below  
the weighted average cost of production per unit of a similar product, taking into account 
administrative, trade, and general expenses, or the volume of sales at prices below such 
cost constitutes at least 20 percent of the volume of sales in transactions  taken into account 
when determining the normal value of the product.  
7. The cost of production per unit of a similar product, taking into account administrative, trade, 
and general expenses, is calculated based on the data provided by the exporter or 
manufac turer of the product, 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 the product.  
8. The investiga ting body takes into account all available evidence in its possession of the 
correctness of the allocation of production costs, administrative, trade, and general 
expenses, including data provided by the exporter or manufacturer of the product under G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  invest igation, if such allocation of costs is practiced by this exporter or manufacturer of the 
product, in particular, with regard to determining the appropriate depreciation period, capital 
investment deductions, and covering other costs of production developm ent. 
9. In the case of dumping import from an exporting foreign country where prices on the 
domestic market are directly regulated by the state or there is a state monopoly in foreign 
trade, the normal value of the product may be determined based on the price  or calculated 
cost of a similar product of another exporting foreign country (for comparison), or the price 
of a similar product when exported from such a foreign country. If it is not possible to 
determine the normal value of the product in accordance wi th this part, the normal value of 
the product may be determined based on the price paid or payable for a similar product on 
the customs territory of the Kyrgyz Republic, adjusted to account for profit.  
Article 15. Determination of the Export Price of the P roduct  
1. The export price of the product is determined based on the available information about its 
sale during the investigation period.  
2. In the absence of data on the export price of the product subject to dumping import, or if 
the investigating body has re asonable doubts about the reliability of information on the 
export price of this product due to the fact that the exporter and importer of the product are 
related parties (including with third parties), or due to the existence of 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 at which the imported product was first resold to 
an independent buyer or by another method if such a product was not resold i n the form in 
which it was imported into the customs territory of the Kyrgyz Republic. In this case, for the 
purpose of comparing the export price of the product with its normal value, profits, as well 
as expenses (including customs duties and tax ). 
Articl e 16. Establishment of Material Damage to an Economic Sector, Threats of Such 
Damage, or Significant Delay in the Establishment of an Economic Sector Due to Dumping 
Import  
1. Material damage to an economic sector, threats of such damage, or significant delay in the 
establishment of an economic sector due to dumping import are determined based on the 
results of the analysis of the volume of dumping import and the impact of such import on 
the prices of a similar product in the domestic market and on the producer s of a similar 
product in the Kyrgyz Republic.  
2. The investigation period, during which information is analyzed to determine the existence of 
damage to an economic sector due to dumping import, is established by the investigating 
body.  
3. When establishing the threat of causing material damage to an economic sector due to 
dumping import, the investigating body takes into account all available factors.  
4. The decision on the existence of a threat of causing material damage to an economic sector 
is made if, during the investigation, based on the analysis of available factors, the 
investigating body concludes that it is impossible to prevent dumping import and that such 
import would cause material damage to an economic sector, necessitating the imposition of 
an antidumping measure.  
Article 17. Imposition of a Preliminary Antidumping Duty  
1. If, before the completion of the investigation, the investigating body receives information 
about the existence of dumping import and the resulting damage to  an economic sector, 
then based on the report of this body containing a preliminary conclusion, a decision is made 
to apply an antidumping measure by imposing a preliminary antidumping duty.  
2. Before making a decision on the imposition of a preliminary antid umping duty, the authorized 
body coordinates with the relevant state authorities of the Kyrgyz Republic the proposal for G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  the imposition of a preliminary antidumping duty prepared by the investigating body based 
on the preliminary conclusion.  
3. The preliminar y antidumping duty cannot be imposed earlier than 60 calendar days from the 
start of the investigation.  
4. The rate of the preliminary antidumping duty must be sufficient to eliminate the damage to 
an economic sector but not higher than the calculated dumping  margin.  
5. If the rate of the preliminary antidumping duty is equal to the size of the precalculated 
dumping margin, the duration of the preliminary antidumping duty should not exceed 
4 months, except when this period is extended to 6 months based on the req uest of 
exporters, the share of which in the volume of dumping import of the investigated product 
is significant.  
6. If the rate of the preliminary antidumping duty is less than the precalculated dumping 
margin, the duration of the preliminary antidumping dut y should not exceed 6 months, 
except when this period is extended to 9 months based on the request of exporters, the 
share of which in the volume of dumping import of the investigated product is significant.  
7. If, as a result of the investigation, it is foun d by the investigating body that there are no 
grounds for imposing an antidumping measure or a decision is made not to apply an 
antidumping measure, the amounts of the preliminary antidumping duty shall be refunded 
in accordance with the laws of the Kyrgyz  Republic.  
8. If, as a result of the investigation, a decision is made to impose an antidumping measure 
based on the existence of a threat of causing material damage to an economic sector or 
significant delay in the establishment of an economic sector, the am ounts of the preliminary 
antidumping duty shall be refunded in accordance with Article 6 of this Law.  
9. If, as a result of the investigation, a decision is made to impose an antidumping measure 
based on the existence of material damage to an economic sector or the threat of such 
damage (provided that the non -imposition of a preliminary antidumping duty would lead to 
material damage to an economic sector), the amounts of the preliminary antidumping duty 
from the date of the entry into force of the decision to impose an antidumping measure shall 
be credited and distributed in accordance with Article 6 of this Law, taking into account the 
provisions of paragraphs 10 and 11 of this Article.  
10. In the event that, as a result of the investigation, it is deemed appropri ate to impose a lower 
antidumping duty rate than the preliminary antidumping duty rate, the amounts of the 
preliminary antidumping duty corresponding to the antidumping duty amount calculated at 
the established antidumping duty rate shall be credited and d istributed in accordance with 
Article 6 of this Law. Any excess amounts of the preliminary antidumping duty, beyond the 
antidumping duty amount calculated at the established antidumping duty rate, shall be 
refunded in accordance with the legislation of the  Kyrgyz Republic on customs regulation 
and/or international agreements that have entered into force in accordance with the 
legislation of the Kyrgyz Republic.  
11. If, as a result of the investigation, it is deemed appropriate to impose a higher antidumping 
duty rate than the preliminary antidumping duty rate, the difference between the amounts 
of the antidumping duty and the preliminary antidumping duty shall not be collected.  
12. The preliminary antidumping duty is applicable under the condition of simultaneous 
continuation of the investigation.  
13. The decision to impose a preliminary antidumping duty shall be made no later than 7 months 
from the start of the investigation.  G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  Article 18. Acceptance by the Exporter of Price Commitments for the Investigated Product  
1. The in vestigation is suspended or terminated by the investigating body without the 
imposition of a preliminary antidumping duty or antidumping duty upon receiving price 
commitments from the exporter for the investigated product.  
2. The decision to approve price com mitments is not made until the investigating body reaches 
a preliminary conclusion on the existence of dumping import and the resulting damage to 
an economic sector.  
3. Before making a decision, the authorized body coordinates with the relevant state authorit ies 
of the Kyrgyz Republic the proposal to approve price commitments prepared by the 
investigating body.  
4. The decision to approve price commitments is not made if the investigating body concludes 
that their approval is not acceptable due to a large number o f real or potential exporters of 
the investigated product or for other reasons.  
5. The investigating body may suggest that exporters accept price commitments but may not 
require them to do so.  
6. If a decision is made to approve price commitments, the antidumping investigation may be 
continued at the exporter's request or at the decision of the investigating body. If, as a result 
of the investigation, the investigating body concludes that there is no dumping import or 
resulting damage to an economic sec tor, the exporter who accepted price commitments is 
released from such commitments unless such a conclusion is significantly influenced by the 
existence of such commitments. If the existence of price commitments significantly 
influences the conclusion, suc h commitments must remain in force for the necessary period 
in accordance with the provisions of Article 20, Part 2, of this Law.  
7. If, as a result of the investigation, the investigating body concludes the existence of dumping 
import and resulting damage to an economic sector, the accepted price commitments by the 
exporter continue to apply in accordance with the terms of the price commitments and this 
Law. 
8. In cases of violation or withdrawal of price commitments by the exporter, a decision is made 
to apply an antidumping measure by imposing a preliminary antidumping duty (if the 
investigation is not yet concluded) or an antidumping duty (if the results of the investigation 
indicate grounds for its imposition).  
9. Exporters, in the event of a violation of the accepted price commitments, are given an 
opportunity to provide comments regarding such a violation.  
10. The decision to approve price commitments must specify the rate of the preliminary 
antidumping duty or antidumping duty that may be imposed in accor dance with Part 8 of 
this Article.  
Article 19. Imposition and Application of Antidumping Duty  
1. Antidumping duty is applied to the product supplied by all exporters and subject to dumping 
import causing damage to an economic sector, except for the product su pplied by those 
exporters whose price commitments have been approved in accordance with Article 18 of 
this Law.  
2. Before deciding on the imposition of antidumping duty, the authorized body coordinates with 
the relevant state authorities of the Kyrgyz Republi c the proposal to impose antidumping 
duty. 
3. The amount of antidumping duty must be sufficient to eliminate the damage to the economic 
sector but not exceeding the calculated dumping margin. The authorized body may decide G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  to impose antidumping duty at a rate  lower than the calculated dumping margin if such a 
rate is sufficient to eliminate the damage to the economic sector.  
4. An individual duty rate is established for the product supplied by each exporter or producer 
of the product subject to dumping import for  whom an individual dumping margin has been 
calculated.  
5. In addition to the individual duty rate specified in Part 4 of this article, a single duty rate is 
established for the product supplied by all other exporters or producers of the product from 
the expo rting foreign country for whom an individual dumping margin was not calculated, 
based on the highest dumping margin calculated during the investigation.  
6. Antidumping duty may be applied to goods placed under customs procedures, with the 
condition that the p ayment of antidumping duties occurs no earlier than 90 calendar days 
before the date of the imposition of the preliminary antidumping duty.  
Article 20. Review of Antidumping Measure  
1. The antidumping measure is applied in the amount and for the period necess ary to eliminate 
the damage to the economic sector caused by dumping import.  
2. The duration of the antidumping measure should not exceed 5 years from the date of the 
commencement of the application of such a measure or the completion of a review 
conducted in  connection with changed circumstances and simultaneously based on the 
analysis of dumping import and the damage caused by it to the economic sector or 
conducted due to the expiration of the term of the antidumping measure.  
3. A review conducted due to the ex piration of the term of the antidumping measure is carried 
out based on a statement in accordance with the investigation procedure or on the initiative 
of the investigating body.  
A review conducted due to the expiration of the term of the antidumping meas ure is carried 
out if the application contains information about the possibility of resumption or continuation 
of dumping import and causing damage to the economic sector upon the expiration of the 
antidumping measure.  
Before the completion of a review co nducted in accordance with this part, a decision is made 
to extend the antidumping measure. During the period for which the application of the 
relevant antidumping measure is extended due to the conduct of a review, antidumping 
duties are paid at rates est ablished for the imposition of preliminary antidumping duties in 
the manner established for the payment of preliminary antidumping duties for the period for 
which the antidumping measure is extended due to the conduct of a review.  
In the event that, as a r esult of a review conducted due to the expiration of the term of the 
antidumping measure, it is established by the investigating body that there are no grounds 
for the application of the antidumping measure or a decision is made not to apply the 
antidumpin g measure, the amounts of antidumping duty collected in the manner established 
for the payment of preliminary antidumping duties for the period for which the application 
of the antidumping measure was extended due to the conduct of a review shall be refund ed 
in accordance with Article 6 of this Law.  
The antidumping measure is extended if, as a result of a review conducted due to the 
expiration of the term of the antidumping measure, the investigating body establishes the 
possibility of resuming or continuing dumping imports and causing damage to the economic 
sector. From the effective date of the decision to extend the antidumping measure, the 
amounts of antidumping duties collected in the manner established for the payment of 
preliminary antidumpin g duties for the period for which the application of the antidumping 
measure is extended shall be credited and distributed in accordance with Article 6 of this 
Law. G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  Article 21. Establishment of Circumvention of Antidumping Measure  
1. Circumvention of an antidumping  measure is understood as a change in the method of 
supplying goods to avoid paying antidumping duties or complying with price commitments 
accepted by the exporter.  
2. A repeat investigation for the purpose of establishing circu mvention of an antidumping 
measure may be initiated upon application by an interested party or at the initiative of the 
investigating body.  
3. A repeat investigation for the purpose of establishing circumvention of an antidumping 
measure must be completed wit hin 9 months from the date of its commencement.  
4. During the period of the repeat investigation conducted in accordance with this article, 
preliminary antidumping duties are levied on imports into the customs territory of the 
Kyrgyz  Republic from the exporti ng foreign country, which are components and/or 
derivatives of the product subject to dumping import, as well as on the product that was 
subject to dumping import, and/or its components and/or derivatives imported into the 
customs territory of the Kyrgyz R epublic from another exporting foreign country.  
5. In the event that, as a result of the repeat investigation conducted in accordance with this 
article, the investigating body does not establish circumvention of the antidumping measure, 
the amounts of antidum ping duties paid in accordance with this article and in the manner 
established for the payment of preliminary antidumping duties shall be refunded in 
accordance with Article 6 of this Law.  
6. In the event that, as a result of the repeat investigation conducte d in accordance with this 
article, circumvention of the antidumping measure is established, the antidumping measure 
may be extended to imports into the customs territory of the Kyrgyz Republic from the 
exporting foreign country, which are components and/or  derivatives of the product subject 
to dumping import, as well as to the product that was subject to dumping import, and/or its 
components and/or derivatives imported into the customs territory of the Kyrgyz Republic 
from another exporting foreign country,  from the effective date of the decision to impose 
the antidumping measure. The amounts of antidumping duties paid in accordance with the 
procedure established for the payment of preliminary antidumping duties shall be credited 
and distributed in accordanc e with Article 6 of this Law from the effective date of the decision 
to impose the antidumping measure.  
Chapter 4. Co untervailing  Measures  
Article 22. General Principles for the Application of Co untervailing  Measures  
A countervailing measure is applied to imported goods, in the production, export, or transportation 
of which a specific subsidy of the exporting foreign country was used if, as a result of an investigation 
conducted by the investigating body, it is established that the import of such goods into  the customs 
territory of the Kyrgyz Republic causes material harm to the economic sector, poses a threat of such 
harm, or significantly impedes the development of the economic sector.  
Article 23. Subsidies  
Subsidies include:  
1. Financial assistance provided by the subsidizing body, granting the subsidy recipient 
additional benefits and provided within the territory of the exporting foreign country, 
including in the form of:  
• Direct money transfers (including subsidies, loans, and share purchases) or  
• Commitments to money transfers (including loan guarantees); write -offs of funds or 
full or partial waiver of funds that should have been received as income by the 
exporting foreign country (including through the provision of tax credits), except in G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  cases of  exempting exported goods from taxes or duties imposed on a similar 
product intended for domestic consumption, or except for reducing or refunding such 
taxes or duties in amounts not exceeding the actually paid amounts; preferential or 
gratuitous provision  of goods or services, except for goods or services intended for 
the maintenance and development of general infrastructure, i.e., infrastructure not 
related to a specific producer and/or exporter; preferential acquisition of goods;  
2. Any form of income or pr ice support that gives the subsidy recipient additional benefits, the 
direct or indirect result of which is an increase in the export of goods from the exporting 
foreign country or a reduction in the import of a similar product into that foreign country.  
Article 24. Principles of Classifying a Subsidy of the Exporting Foreign Country as Specific  
1. A subsidy of the exporting foreign country is specific if the subsidizing body or the legislation 
of the exporting foreign country allows only specific organization s, including a specific 
producer and/or exporter or a specific sector of the economy of the exporting foreign 
country, or a group (union, association) of producers and/or exporters, or sectors of the 
economy of the exporting foreign country, to benefit fro m the subsidy.  
A subsidy is specific if the number of specific organizations eligible to receive this subsidy is 
limited to organizations located in a specific geographic region under the jurisdiction of the 
subsidizing body.  
2. A subsidy is not specific if the legislation of the exporting foreign country or the subsidizing 
body establishes general objective criteria or conditions that unconditionally determine the 
right to receive the subsidy and its amount (including depending on the number of w orkers 
employed in the production of goods or the volume of production) and strictly adheres to 
them.  
3. In any case, a subsidy of the exporting foreign country is a specific subsidy if the provision 
of such a subsidy is accompanied by:  
1) Limiting the number of  specific organizations eligible for the subsidy;  
2) Preferential use of the subsidy by specific organizations;  
3) Providing disproportionately large amounts of subsidy to specific organizations;  
4) The subsidizing body choosing a preferential (preferential) method  of providing the 
subsidy to specific organizations.  
4. Any subsidy of the exporting foreign country is a specific subsidy if:  
1) The subsidy is, in accordance with the legislation of the exporting foreign country or 
effectively as the only condition or one of s everal conditions, linked to the export of 
goods. A subsidy is considered effectively linked to the export of goods if its 
provision, not linked according to the legislation of the exporting foreign country to 
the export of goods, is, in practice, linked t o the actual or potential export of goods 
or export revenue in the future. The fact of providing a subsidy to exporting 
enterprises does not mean the provision of a subsidy linked to the export of goods 
within the meaning of this part;  
2) The subsidy is linke d, in accordance with the legislation of the exporting foreign 
country or effectively as the only condition or one of several conditions, to the use 
of goods produced in the exporting foreign country instead of imported goods.  
Article 25. Principles of Det ermining the Amount of Specific Subsidy  
1. The amount of a specific subsidy is determined based on the benefit received by the recipient 
of such a subsidy.  G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  2. The amount of benefit received by the recipient of a specific subsidy is determined based on 
the follow ing principles:  
1) The participation of the subsidizing body in the share capital of the organization is 
not considered as providing a benefit if such participation cannot be considered 
inconsistent with normal investment practices (including the provision of  venture 
capital) in the territory of the exporting foreign country;  
2) A credit provided by the subsidizing body is not considered as providing a benefit if 
there is no difference between the amount that the recipient organization pays for 
the government loa n and the amount it would have paid for a comparable 
commercial loan that the organization could obtain in the credit market of the 
exporting foreign country; otherwise, the benefit is considered the difference 
between these amounts;  
3) Guaranteeing a loan by  the subsidizing body is not considered as providing a benefit 
if there is no difference between the amount that the recipient organization pays for 
the loan guaranteed by the subsidizing body and the amount it would have paid for 
a comparable commercial l oan without government guarantee; otherwise, the 
benefit is considered the difference between these amounts, taking into account the 
difference in commissions;  
4) The supply of goods or services by the subsidizing body or the purchase of goods is 
not consider ed as providing a benefit unless the goods or services are supplied for 
less than adequate remuneration or purchases are not made for more than adequate 
remuneration. The adequacy of remuneration is determined based on existing 
market conditions for the pu rchase and sale of these goods and services in the 
market of the exporting foreign country, including price, quality, availability, 
liquidity, transportation, and other conditions of purchase or sale of the goods.  
Article 26. Establishment of Material Inju ry to an Economic Industry, Threat of Such 
Injury, or Substantial Delay in the Establishment of an Economic Industry due to 
Subsidized Imports  
1. Material injury to an economic industry, the threat of such injury, or substantial delay in the 
establishment of an economic industry due to subsidized imports are determined based on 
the results of the analysis of the volume of subsidized imports and the impact of such imports 
on the prices of a similar product in the domestic market and the producers of a similar 
product in the domestic market.  
2. The period for which information is analyzed to determine the existence of material injury 
to an economic industry, the threat of such injury, or substantial delay in the establishment 
of an economic industry due to subsidized imports is established by the investigating body.  
3. In analyzing the volume of subsidized imports, the investigating body determines whether 
there has been a significant increase in the subsidized import of the product under 
investigation (in abso lute terms or relative to the production or consumption of a similar 
product in the domestic market).  
4. In case the subject of simultaneous investigations is subsidized imports of any product into 
the customs territory of the Kyrgyz Republic from more than one exporting foreign country, 
the investigating body may assess the cumulative impact of such imports only if it 
establishes the following:  
1) The size of the subsidy in each exporting foreign country for this product is more 
than 1 percent of its value , and the volume of subsidized imports from each 
exporting foreign country is not insignificant;  
2) The assessment of the cumulative impact of the import of the product subject to 
subsidized imports is possible, taking into account the conditions of competiti on G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  between imported goods and the conditions of competition between the imported 
goods and a similar product produced in the Kyrgyz Republic.  
Article 27. Introduction of Preliminary Countervailing Duty  
1. If the information obtained by the investigating body before completing the investigation 
indicates the existence of subsidized imports and the damage to the economic industry 
caused by such imports, the investigating body decides to apply a countervailing measure 
by introducing a preliminary countervailing d uty for a period of up to 4 months to prevent 
damage to the economic industry caused by subsidized imports during the investigation.  
2. Before making a decision on the introduction of a preliminary countervailing duty, the 
authorized body coordinates with the  relevant state authorities of the Kyrgyz Republic the 
proposal to introduce a preliminary countervailing duty prepared by the investigating body 
based on the preliminary conclusion.  
3. The preliminary countervailing duty cannot be imposed earlier than 60 cal endar days from 
the start of the investigation.  
4. The preliminary countervailing duty is imposed in an amount equal to the previously 
calculated amount of the specific subsidy of the exporting foreign country per unit of the 
subsidized and exported product.  
5. If, as a result of the investigation, the investigating body determines that there are no 
grounds for imposing a countervailing measure or decides not to apply a countervailing 
measure, the amounts of the preliminary countervailing duty shall be refunded i n accordance 
with Article 6 of this Law.  
6. If, as a result of the investigation, a decision is made to apply a countervailing measure 
based on the presence of a threat of material injury to the economic industry or a substantial 
delay in the establishment of  an economic industry, the amounts of the preliminary 
countervailing duty shall be refunded in accordance with Article 6 of this Law.  
7. If, as a result of the investigation, a decision is made to apply a countervailing measure 
based on the existence of mater ial injury to the economic industry or a threat of such injury 
(provided that the non -imposition of a preliminary countervailing duty would lead to the 
determination of material injury to the industry), the amounts of the preliminary 
countervailing duty fr om the date of entry into force of the decision to apply a countervailing 
measure shall be collected and distributed in accordance with Article 6 of this Law, taking 
into account the provisions of paragraphs 8 and 9 of this Article.  
8. If, as a result of the investigation, it is deemed advisable to introduce 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 
calculate d at the established rate shall be collected and distributed in accordance with 
Article  6 of this Law. Amounts of the preliminary countervailing duty exceeding the amount 
of the countervailing duty calculated at the established rate shall be refunded in ac cordance 
with Article 6 of this Law.  
9. If, as a result of the investigation, it is deemed advisable to introduce a higher rate of 
countervailing duty than the rate of the preliminary countervailing duty, the difference 
between the amounts of the countervaili ng duty and the preliminary countervailing duty 
shall not be collected.  
10. The preliminary countervailing duty is applied provided that the investigation continues 
simultaneously.  
11. A decision on the introduction of a preliminary countervailing duty shall be ma de no later 
than 7 months from the start of the investigation.  G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  Article 28. Acceptance of Voluntary Commitments by the Subsidizing Foreign Country or 
Exporter of the Investigated Product  
1. The investigation may be suspended or terminated without the impositio n of a countervailing 
duty if the authorized body approves voluntary commitments from the subsidizing foreign 
country or the exporter of the investigated product, received by the investigating body.  
2. Before making a decision on the approval of voluntary commitments as specified in part 1 
of this article, the proposal prepared by the investigating body undergoes coordination with 
the relevant state authorities of the Kyrgyz Republic.  
3. The decision to approve voluntary commitments is not made by th e authorized body until 
the investigating body reaches a preliminary conclusion on the presence of subsidized 
imports and the resulting damage to the economic industry.  
The decision to approve voluntary commitments of the exporter of the investigated product 
is not made by the authorized body until the consent of the authorized body of the exporting 
foreign country to accept the exporters' commitments specified in part 1 of this article is 
obtained.  
4. The decision to approve voluntary commit ments is not made if the investigating body 
concludes that their approval is not acceptable due to a large number of actual or potential 
exporters of the investigated product or for other reasons.  
5. In the event of a decision by the authorized body to approv e voluntary commitments, the 
countervailing investigation may be continued at the request of the exporting foreign country 
or the decision of the investigating body.  
If, as a result of the investigation, the investigating body concludes that there is no 
subsidized import or damage to the economic industry caused by it, the exporting foreign 
country or exporters who have accepted voluntary commitments are released from such 
obligations unless such a conclusion is largely a result of the existence of such co mmitments. 
If the conclusion is largely a result of the existence of voluntary commitments, the 
authorized body may decide that such commitments should remain in force for the necessary 
period, taking into account the provisions of Part 2 of Article 30 of this Law.  
6. If, as a result of the investigation, the investigating body concludes that there is subsidized 
import and damage to the economic industry caused by it, the accepted voluntary 
commitments continue to be valid in accordance with their terms and th e provisions of this 
Law. 
7. In cases of violation by the exporting foreign country or the exporter of voluntary 
commitments or the withdrawal of such commitments, the authorized body may decide to 
apply a countervailing measure by introducing a preliminary c ountervailing duty (if the 
investigation is not yet completed) or a countervailing duty (if the final results of the 
investigation indicate grounds for its introduction).  
The exporting foreign country or exporter, in case of violation of the voluntary com mitments 
adopted by them, is given an opportunity to comment on such violation.  
8. The decision of the authorized body to approve voluntary commitments must specify the 
rate of the preliminary countervailing duty or countervailing duty that may be imposed in 
accordance with Part 7 of this article.  
Article 29. Introduction and Application of Countervailing Duty  
1. The decision to impose a countervailing duty is not made by the authorized body if the 
specific subsidy of the exporting foreign country has been withdr awn. G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  2. Before making a decision on the imposition of a countervailing duty, the authorized body 
coordinates with the relevant state authorities of the Kyrgyz Republic the proposal to impose 
a countervailing duty prepared by the investigating body.  
3. The decisi on to impose a countervailing duty is made after the exporting foreign country 
providing a specific subsidy has been offered consultations, which it refused or, during their 
conduct, a mutually acceptable solution was not reached.  
4. The countervailing duty i s applied to goods supplied by all exporters and subject to 
subsidized imports causing damage to the economic industry (except for goods supplied by 
exporters whose voluntary commitments have been approved).  
For goods supplied by individual exporters, the  authorized body may establish an individual 
rate of countervailing duty.  
5. The rate of the countervailing duty should not exceed the amount of the specific subsidy of 
the exporting foreign country calculated per unit of the subsidized and exported product.  
If subsidies are provided under different subsidy programs, their cumulative amount is taken 
into account.  
The rate of the countervailing duty may be lower than the amount of the specific subsidy of 
the exporting foreign country if such a rate is suffici ent to eliminate the damage to the 
economic industry.  
6. When determining the rate of the countervailing duty, the opinions of consumers of the 
Kyrgyz Republic, whose economic interests may be affected by the imposition of the 
countervailing duty, are taken i nto account.  
7. A countervailing duty may be applied to goods placed under customs procedures, the 
condition for placing them being the payment of the countervailing duty no earlier than 
90 calendar days before the introduction of the preliminary countervailing duty. 
Article 30. Duration and Review of Countervailing  Measures  
1. The countervailing measure is applied at the decision of the authorized body, in the amount 
and for the duration necessary to eliminate the damage to the economic industry caus ed by 
subsidized imports.  
2. The duration of the countervailing measure should not exceed 5 years from the date of the 
commencement of the application of such a measure or the completion of a subsequent 
investigation conducted in connection with changed circu mstances and simultaneously 
related to the analysis of subsidized imports and the damage caused by it to the economic 
industry or the expiration of the term of the countervailing measure.  
3. A subsequent investigation in connection with the expiration of the term of the countervailing 
measure is carried out on the basis of an application submitted in accordance with the 
investigation procedure or on the initiative of the investigating body.  
A subsequent investigation in connection with the expiration of the term of the countervailing 
measure is carried out if the application contains information about the possibility of 
resuming or continuing subsidized imports and causing damage to the econom ic industry 
upon the expiration of the countervailing measure.  
The subsequent investigation must be initiated before the expiration of the countervailing 
measure and completed within 12 months from the date of its commencement.  
Until the completion of a subsequent investigation conducted in accordance with the 
provisions of this part, the application of the countervailing  measure is extended at the 
decision of the authorized body for the period for which the application of the co rresponding 
countervailing measure is extended. In the manner established for the collection of G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  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 term of which is extended due to the conduct of a subsequent 
investigation.  
If, as a result of a subsequent investigation in connection with the expiration of the term of 
the countervailing measure, the investigating bod y establishes that there are no grounds for 
applying the countervailing measure, or a decision is made not to apply the countervailing 
measure in accordance with the investigation procedure, the amounts of the countervailing 
duty collected in the manner es tablished for the collection of preliminary countervailing 
duties during the period for which the application of the countervailing measure is extended 
are subject to refund in accordance with Article 6 of this Law.  
The application of the countervailing measure is extended by the authorized body if, as a 
result of a subsequent investigation in connection with the expiration of the term of the 
countervailing measure, the investigating body establishes the possibility of resuming or 
continuing subsidized impo rts and causing damage to the economic industry. From the date 
of entry into force of the decision of the authorized body to extend the countervailing 
measure, the amounts of countervailing duties collected in the manner established for the 
collection of p reliminary countervailing duties during the period for which the application of 
the countervailing measure is extended are credited and distributed in accordance with 
Article 6 of this Law.  
4. At the request of an interested party, if more than 1 year has pas sed since the introduction 
of the countervailing measure, or at the initiative of the investigating body, a subsequent 
investigation may be conducted to determine the feasibility of continuing the application of 
the countervailing measure and/or its revisi on (including the revision of the individual rate 
of the countervailing duty) in connection with changed circumstances.  
A subsequent investigation in connection with changed circumstances must be completed 
within 12 months from the date of its commencement . 
5. The submission of evidence and the conduct of an investigation apply to subsequent 
investigations provided for by this article, taking into account the relevant differences.  
6. The provisions of this article apply to commitments made by the exporting foreig n country 
or the exporter in accordance with Article 28 of this Law, taking into account the relevant 
differences.  
7. A subsequent investigation may also be conducted to determine the individual rate of the 
countervailing duty for an exporter for whom the countervailing measure is applied, but no 
investigation has been conducted for other reasons, except for refusal to cooperate. Such a 
subsequent investigation may be initiated by the investigating body upon the application of 
the specified exporter.  
Article 31. Establishment of Circumvention of Co untervailing  Measures  
1. Circumvention of countervailing measures is understood as a change in the method of 
delivering goods to evade the payment of countervailing duties or the fulfillment of accepted 
voluntary commit ments.  
2. A subsequent investigation to establish the circumvention of countervailing measures may 
be initiated upon the application of an interested party or at the initiative of the investigating 
body.  
3. During the period of a subsequent investigation conduct ed in accordance with this article, 
the investigating body may introduce a countervailing duty on the components and/or 
derivatives of the goods that were the subject of subsidized imports and/or the goods that 
were the subject of subsidized imports, impor ted into the customs territory of the 
Kyrgyz  Republic from the exporting foreign country. This duty is collected in the manner 
established for the collection of preliminary countervailing duties.  G/ADP/N/1/KGZ/3/Suppl.1 • G/SCM/N/1/KGZ/3/Suppl.1 • G/SG/N/1/KGZ/3/Suppl.1  
 
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  4. In the event that, as a result of a subsequent investigation  conducted in accordance with 
this article, the investigating body does not establish the circumvention of countervailing 
measures, the amounts of countervailing duties paid in accordance with this article and in 
the manner established for the collection o f preliminary countervailing duties are subject to 
refund in accordance with Article 6 of this Law.  
5. If circumvention of countervailing measures is established as a result of a subsequent 
investigation conducted in accordance with this article, the counterv ailing measure may be 
extended to goods imported into the customs territory of the Kyrgyz Republic from the 
foreign country from which the goods subject to investigation are exported. This extension 
applies to components and/or derivatives of the goods tha t were the subject of subsidized 
imports and/or the goods that were the subject of subsidized imports, imported into the 
customs territory of the Kyrgyz Republic from another exporting foreign country from which 
the goods subject to investigation are expor ted. From the date of entry into force of the 
decision of the investigating body to introduce such a countervailing measure, the amounts 
of countervailing duties collected are credited and distributed in accordance with Article 6 of 
this Law.  
6. A subsequent investigation to establish the circumvention of countervailing measures must 
be completed within 9 months from the date of its commencement.  
Chapter 5. Final Provisions  
Article 32. Procedure for Challenging Decisions on the Application of Spec ial Safeguard, 
Anti-dumping, and Countervailing  Measures  
Decisions made in accordance with this Law may be challenged by interested parties in accordance 
with the judicial procedure provided for by the legislation of the Kyrgyz Republic.  
Article 33. Proced ure for the Entry into Force of this Law  
1. This Law enters into force on the day of its official publication.  
Published in the newspaper "Erkin Too" on July 7, 2023, No. 54.  
2. The Cabinet of Ministers of the Kyrgyz Republic shall bring its decisions into compliance with 
this Law.  
3. Declare invalid:  
1. The Law of the Kyrgyz Republic "On Subsidies and Countervailing Measures" dated 
October  31, 1998, No. 140 (Vedomosti Jogorku Kenesh of the Kyrgyz Republic, 
1999,  No. 3, Art. 93);  
2. The Law of the Kyrgyz Republic "On Amending the Law of the Kyrgyz Republic "On 
Subsidies and Countervailing Measures"" dated March 4, 2010, No. 43 (newspaper 
"Erkin -Too" dated March 12, 2010, No. 17 -18). 
President of the Kyrgyz Republic S. Japarov  
Adopted by Jogorku Kenesh of the Kyrgyz Republic May 24, 2023 . 
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