G/ADP/Q1/UKR/9  
G/SCM/Q1/UKR/9  
G/SG/Q1/UKR/9  
 
3 April 2013  
(13-1725)  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 
QUESTIONS POSED BY THE UNITED STATES 
REGARDING THE NOTIFICATION OF UKRAINE1 
The following communication, dated 2 April 2013, is being circulated at the request of the 
Delegation of the United States.  
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Question 1 
 In its 2008 notifications to these Committees
2, Ukraine notified excerpts from The Law "On 
Amendments to the Law of Ukraine "On the Unified Customs Tariff", 22 December 1998, 
No. 334-XIV [hereinafter "Law of Ukraine Unified Customs Tariff"]. These excerpts do not appear 
to be included or modified in the Ukraine's current notification. The current notification includes 
certain excerpts from The Customs Code of Ukraine As Amended and Supplemented (by various 
laws which seem to have been enacted or implemented in 2012) [hereinafter "Customs Code of Ukraine"]. These excerpts do not appear to have been included in Ukraine's 2008 notification.  
 Could you please clarify the relationship between the Law of Ukraine Unified Customs Tariff 
and the Customs Code of Ukraine? 
 
 Are there corresponding amendments to the La w of Ukraine on the Unified Customs Tariff 
that have yet to be notified by Ukraine? If so, when will those amendments be notified to 
the WTO? 
 
 Since excerpts to the Customs Code of Ukraine do not seem to have been previously 
notified, the United States cannot fully evaluate the nature of the amendments and 
provisions included in the 2013 notification. Coul d Ukraine please identify the nature of the 
revisions to the Customs Code of Ukraine as notified and the resulting practice implications? 
Question 2 
 
In Chapter 42, Article 281 (Tariff privileges (tariff preferences)) of the Customs Code of Ukraine, 
paragraph 5 states "If the import of the product is an object of antidumping, countervailing or special (safeguard) measures, tariff privileges (tar iff preferences) shall not be established or shall 
be stopped or suspended, if not otherwise stipul ated by international agreements the consent to 
the obligatoriness {sic} of which was given by the Verkhovna Rada of Ukraine." Given that the 
overwhelming majority of Ukraine's trading part ners are WTO Members and that any antidumping, 
countervailing or safeguard measures are to be applied in accordance with the WTO Antidumping, 
Subsidy and Countervailing Measures and Safeguard Agreements, and irrespective of any tariff 
                                               
1 G/ADP/N/1/UKR/1/Suppl.1-G/SCM/N/1/UKR/1/Suppl.1-G/SG/N/1/UKR/1/Suppl.1. 
2 G/ADP/N/1/UKR/1-G/SCM/N/1/UKR/1-G/SG/N/1/UKR/1. G/ADP/Q1/UKR/9 • G/SCM/Q1/UKR/9 • G/SG/Q1/UKR/9 
 
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  privilege (tariff preference), under what scenario would Ukraine apply such duty substitution? How 
would such duty substitution be consistent with Article 288 (Peculiarities of taxation by special 
types of customs duty), paragraph 1, which stat es "Special (safeguard) duty, antidumping duty 
and countervailing duty shall be applied independ ently of the other types of customs duty under 
conditions determined by law" (emphasis added). 
 Question 3 
 
The United States notes that there are numerous discrete, and apparently technical, revisions to the Law "On Protection of the National Producer Against Dumped Imports", the Law "On Protection of National Industry Against Subsidized Impo rts", and the Law "On Application of Safeguard 
Measures Against Imports to Ukraine." For exam ple, throughout legislation contained in the 
current notification, the term "customs fee" is deleted in phrases such as, "…including duty and 
customs fees charged while importing certain types of products into the customs territory of the 
importing country." See the Law "On Protection of the National Producer Against Dumped 
Imports", Chapter IV, Article 14, Para. 12; see  also Article 16, Para.8; Chapter VI, Article 28. 
 
 Could Ukraine please explain the reason for the deletion of the term "customs fees" 
throughout the current notification? 
  Furthermore, could Ukraine please identify the overall reasons for each of the various 
revisions and the resulting practice implications? 
Question 4 
 
In the Law "On Protection of the National Producer  Against Dumped Imports", Chapter II, Article 7, 
paragraph 2 states "Where an exporter does not produce or sell the similar goods in the exporting 
country, the normal value shall be determined basing {sic} on the prices, established by other 
sellers or producers." Could Ukraine please specify whether the origin of the prices "established by other sellers or producers" would originate from other sellers or producers within Ukraine, from a 
third country, or from the subject country?  
 Question 5  
In the Law "On Application of Safeguard Measures Against Imports To Ukraine", Chapter III, 
Article 9, paragraph 4 discusses the circumstances under which an interested party may apply for a hearing in a safeguard investigation. Sub-paragr aph 2 states "safeguard reasons" as one of the 
qualifying circumstances. Given that sub-paragrap h 1 states "the interests and the results {of the 
safeguard investigation}" as a qualifying reason, could Ukraine please clarify as to what "safeguard reasons" pertains to?  
 
Question 6  The United States notes that in the revisions to the Law of Ukraine "On Foreign Economic Activity" 
that the following language was added in Article 9, Bodies for State Regulation of Foreign 
Economic Activities:  
to the "competence" or functions of the Verkhovna Rada of Ukraine: "making 
decisions on applications of measures in response to discriminatory and/or hostile actions of other states, customs unions or economic associations by way of imposing a 
complete/partial prohibition (complete/partial embargo) on trade; revoking the most-
favoured-nation treatment or a privileged special treatment"; 
to the functions of the Cabinet of Minist ers: "make decisions on applications of 
measures in response to discriminatory and/or hostile actions of other states, customs 
unions or economic associations by introducing a licensing regime"; 
to the functions of the Interdepartmental Commission on International Trade: "make 
decisions on application of measures in response to discriminatory and/or hostile 
actions of other states, customs unions or economic association within the 
competence established by the laws of Ukraine." G/ADP/Q1/UKR/9 • G/SCM/Q1/UKR/9 • G/SG/Q1/UKR/9 
 
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 Could Ukraine please explain what is meant by "…applications of measures in response to 
discriminatory and/or hostile actions of other states, customs unions or economic 
associations…" as mentioned in the notification? What types of discriminatory or hostile actions would warrant taking such measures? How would these discriminatory or hostile 
actions be substantiated by an administrating authority response for antidumping, 
countervailing duty and/or safeguards?  
 Could Ukraine please clarify how the imposition of these measures, in response to any 
substantiated discriminatory and/or hostile actions, would be consistent with the WTO Agreements on Antidumping, Subsidies and Countervailing Measures or Safeguards? 
 
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