G/ADP/Q1/KGZ/ 9 
G/SCM/Q1/KGZ/ 9 
G/SG/Q1/KGZ/ 5 
2 April 2024  
(24-2836) Page: 1/3 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS  
UNDER  ARTICLES 18.5, 32.6 AND 12.6  
OF THE  AGREEMENTS  
QUESTION S POSED  BY THE UNITED STATES  REGARDING THE  
NOTIFICATION  OF KYRGYZ REPUBLIC1 
The following communication, dated  and received on  2 April 2024, is being circulated at the request 
of the delegation of the United States . 
 
_______________  
 
 
The United States thanks the Kyrgyz Republic for its notification regarding its law "On Special 
Safeguard, Anti -Dumping and Countervailing measures for the import of goods" (hereinafter the 
"Law") and poses the following questions:2 
 
Question 1  
 
Please clarify whether the Kyrgyz Republic 's trade remedy laws will work in tandem with the trade 
remedy laws of the Eurasian Economic Commission (EEC), of which the Kyrgyz Republic is a member, 
or if the Kyrgyz Republic intends for its laws to supersede or replace the EEC law? Please identify 
and describe any conflicting provisions between the Kyrgyz Republic 's laws and those of  the EEC. In 
the event of any conflicting provisions, which law prevails? What role, if any, will the EEC play in 
trade remedy investigations brought by the Kyrgyz Republic and conducted under the 
Kyrgyz  Republic 's Law?  
 
Question 2  
 
If the Kyrgyz Republic makes an affirmative finding in a trade remedy investigation and imposes 
antidumping, countervailing duty, or safeguard duties under its own Law, will the duties be applicable 
to imports of the subject product into all member states of the EEC (i.e., Armen ia, Belarus, 
Kazakhstan, Kyrgyz Republic, and Russia), or only on imports into the Kyrgyz Republic?  
 
Question 3  
 
Please confirm that decisions to impose preliminary antidumping, countervailing, and safeguard 
(special) duties, as described in Articles 2.16 to 2.18 of the Law will be published and allow for 
interested parties to respond. Additionally, please identify where such notices will be published. If 
the notices will be published electronically, please provide the URL website link where s uch notices 
will be published .  
 
1 G/ADP/N/1/KGZ/ 3/Suppl.1  - G/SCM/N/1/KGZ/3/Suppl.1  - G/SG/N/1/KGZ/3/Suppl.1 . 
2 For the sake of efficiency, the United States suggests that committee review for Questions 1 -8, 10, 13, 
and 15 be conducted in the Committee on Anti -Dumping Practices, committee review for Questions 11, 12, and 
14 should be conducted in the Committee on Subsidies and Countervailing Measures, and committee review for 
Question 9, 16, 17, and 18 should be conducted in  the Committee on Safeguards.  
 G/ADP/Q1/KGZ/ 9 • G/SCM/Q1/KGZ/ 9 • G/SG/Q1/KGZ/ 5 
- 2 - 
  Question 4  
 
Please describe the processes by which interested parties can participate and make their views 
known during an antidumping, countervailing duty, or safeguard investigation, per Article 6 of the 
WTO Agreement on i mplementation of Article VI of the General Agreement on Tariffs and 
Trade  1994, Article 12 of the WTO Agreement on Subsidies and Countervailing Measures 
(SCM  Agreement), and Articles 3.1 and 12.3 of the WTO Agreement on Safeguards.  
 
Question 5  
 
Please cla rify if the same individuals within the investigating authority will perform both the injury 
and dumping/subsidy/safeguard analysis, or if the injury analysis will be conducted by a different 
entity or team ( i.e., a bifurcated approach). If the injury anal ysis is conducted by a different entity 
or team, please explain and identify such entity.  
 
Question 6  
 
Please explain whether the Kyrgyz Republic will incorporate an analysis of public interest into its 
conduct of trade remedy investigations and/or its de cision to impose trade remedy measures. If so, 
please describe how the public interest analysis is conducted, the entities involved in the process, 
and the role each entity plays.  
 
Question 7  
 
Please explain how the authorized and investigating bodies int end to comply with Article 3.1 of the 
Agreement on implementation of Article VI of the General Agreement on Tariffs and Trade 1994 
(AD Agreement), which requires an analysis of volume and price effects.  
 
Question 8  
 
Please share what factors the authorized and investigating bodies will examine to determine the 
condition of the industry.  Will the Kyrgyz Republic collect and analyze the factors set out in 
Article  3.4 of the AD Agreement?  
 
Question 9  
 
Please clarify whether the term "special safeguard" as referred to in Article 2.13 and elsewhere 
throughout the Law means the same thing as a "safeguard measure" as described in the 
WTO Agreement on Safeguards.  
 
Question 10  
 
Please provide further information on how procedures to protect confide ntial information, addressed 
in both the AD Agreement and SCM Agreement, are being applied by the Kyrgyz Republic.  
 
Question 11  
 
Regarding Articles 24.1 and 24.3 of the Law, please clarify whether the definition of "specific 
organizations" includes groups  of specific organizations equivalent to the definition of "group of 
enterprises or industries" in Article 2 of the SCM Agreement.  
 
Question 12  
 
Regarding Article 25.2.4 of the Law, please confirm whether you intend to use the word "not" in the 
phrase "pu rchases are not made for more than adequate remuneration." Should the sentence 
instead read "…the purchase of goods is not considered as providing a benefit unless…the purchases 
are made for more than adequate remuneration"?  
 G/ADP/Q1/KGZ/ 9 • G/SCM/Q1/KGZ/ 9 • G/SG/Q1/KGZ/ 5 
- 3 - 
  Question 13  
 
Regarding the de finition of de minimis  subsidy amounts, as referenced in the AD Agreement and 
SCM Agreement, please explain whether the Kyrgyz Republic will clarify the definition of de minimis  
dumping and subsidy amounts so that it applies to determinations of dumping, s ubsidization, and 
injury. Article 26.4 of the Law includes the de minimis one percent threshold for purposes of 
cumulation in an injury determination but does not appear to define the de minimis  threshold for 
dumping or subsidization.  
 
Question 14  
 
Please clarify the meaning of "other reasons" in Article 28.4 of the Law, in your treatment of 
"voluntary commitments." Please confirm that this definition is within the boundaries of Article 18.3 
of the SCM Agreement which states that undertakings need no t be accepted for "other reasons, 
including those of general policy." Will the Kyrgyz Republic 's "other reasons" be limited to general 
policy matters and not external factors?   
 
Question 15  
 
Regarding Article 32, we understand and appreciate that you have provided for judicial review of 
special safeguard, antidumping, and countervailing measures consistent with the judicial procedure 
provided by your domestic legislation. Please further explai n whether there is an opportunity for 
interested parties to participate in judicial review, the promptness of review, and whether the judicial 
review process is independent of the administrative and investigation bodies.  
 
Question 16  
 
Article 1, paragraph s 1 and 2 refer to this as a "special safeguard." Please indicate whether the 
Kyrgyz Republic has enacted other laws that it considers to be "safeguard" laws, such as laws that 
would permit the Kyrgyz Republic to impose tariffs or quotas for balance of pay ments purposes, and 
if so, please identify them and indicate whether the safeguard law here would also apply in those 
instances.  
 
Question 17  
 
Please expand on the definition of applicability of import quotas (paragraph 8, Article 2). Article 2 of 
the WTO  Agreement on Safeguards uses the term "being imported into its territory," but the 
definition in paragraph 8 of Article 2 of the Kyrgyz Republic notification uses the term "customs 
territory of the country and/or integration association". Please explain t he distinction between 
customs territory and integration association used in your paragraph 8 of Article 2.  
 
Question 18  
 
The Kyrgyz provision relating to the application of provisional safeguard measures (paragraph 18, 
Article 2) seems to omit several im portant requirements and limitations contained in Article 6 of the 
WTO Agreement on Safeguards. Among other things, it omits the requirement that a member, before 
applying a provisional measure, find "critical circumstances where delay would cause damage w hich 
it would be difficult to repair," and that "a member may take a provisional safeguard measure 
pursuant to a preliminary determination that there is clear evidence that increased imports have 
caused or are threatening to cause serious injury." Article 6 also limits the duration of any measure 
to "200 days" during which the pertinent requirements of Articles 2 -7 and 12 of the WTO Agreement 
on Safeguards must be met," specifies the form of relief, and requires that the provisional relief be 
counted as a p art of the overall relief. How does the Law incorporate these requirements and 
limitations?  
__________