WT/DS570/1  
G/L/1265  
G/ADP/D128/1  
 
22 October 2018  
(18-6588) Page: 1/3 
  Original: English  
 
KYRGYZ REPUBLIC  – ANTI -DUMPING MEAS URES ON STEEL PIPES  
REQUEST FOR CONSULTA TIONS BY UKRAINE  
The following communication, dated 17 October 2018 , from the delegation of Ukraine  to the 
delegation of the Kyrgyz Republic , is circulated to the Dispute Settlement Body in accordance with 
Article  4.4 of the DSU.  
 
_______________  
 
 
My authorities have instructed me to request consultations with the Government of the Kyrgyz 
Republic pursuant to Article 4 of the Understanding on Rules and Procedures Governing  the 
Settlement of Disputes ("DSU"), Article XXIII:1 of the General Agreement on Tariffs and Trade 1994  
("GATT 1994") and Articles 17.2 and 17.3 of the Agreement on Implementation of Article VI of the 
General Agreement on Tariffs and Trade 1994  ("Anti -Dump ing Agreement").  
I. Background  
This request is with respect to the anti -dumping measures applied to certain types of steel pipes on 
the customs territory of the Kyrgyz Republic according to the results of sunset review as applied on 
unjustified level whic h exceeds the established margin of dumping because of the failure of the 
Eurasian Economic Commission ("EEC") to adopt to date a decision to implement findings of the 
investigating authority under interim review initiated in light of changed circumstances .  
The current measures, that are applied pursuant to the Decision of the Collegium of the EEC No.  48 
of 2 June 2016 as a result of the sunset review of the anti -dumping measures on imports of certain 
types of steel pipes originating in Ukraine and importe d on the customs territory of the Eurasian 
Economic Union, are higher than necessary, erroneous and based on deficient rulings, procedures 
and provisions pertaining to the Anti -Dumping Agreement, because the investigating authority when 
conducting examinat ion of likelihood of continuation or recurrence of dumping and injury failed to:  
- rely upon information pertaining to a period as close as practicable to the date of initiation 
of the investigation;  
- assess positive evidence and provide the objective examination with respect to the volume 
of the dumped imports and the effect of the dumped imports on prices in the domestic 
market for like products;  
- assess relevant economic factors and indices as well a s other factors which at the same time 
were injuring domestic industry;  
- examine accuracy and adequacy of the complaint and initiated the sunset review on the 
basis of complaint which was lack of the evidence that the expiry of the duty would be likely 
to lead to continuation or recurrence of dumping and injury;  
- provide to exporters the reasons for non -acceptance of the undertakings submitted by 
Ukrainian producers and to give Ukrainian exporters an opportunity to make comments 
thereon; and  
- take into accou nt the information which was verifiable, appropriately submitted by Ukrainian 
exporters so that it could be used in the investigation without undue difficulties and which 
was supplied in on time etc.   WT/DS570/1 • G/L/1265 • G/ADP/D128/1  
 
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  Moreover, on 17 October 2016 an interim review was init iated1 with a view to revise level of 
individual anti -dumping duties in light of changed circumstances. As a result of the interim review, 
investigating authority issued a Report with subsequent calculations and evidences concluding that 
anti-dumping dutie s should be decreased. However, the EEC has failed to adopt to date a decision 
to implement findings of the investigating authority, contained in its Report, within an established 
time frame for interim reviews.  
II. Measures at issue  
The measures at issue are the following:  
• the Decision of the Collegium of the EEC No. 48 of 2 June 2016 "On prolongation of anti -dumping 
measures on certain types of steel pipes originating in Ukraine and imported into the customs 
territory of the Eurasian Economic Union"2; 
• the findings of the EEC Department for Internal Market Defence in the Report (Notice 
No. 2017/89/AD1R3 of 4 October 2017) "On the results of the interim review of anti -dumping duties 
on certain types of steel pipes originating in Ukraine with a view to review  level of individual anti -
dumping duties in light of changed circumstances"3. 
Ukraine considers that the current anti -dumping measures on certain types of steel pipes originating 
in Ukraine together with the EEC's failure to comply with procedural requirements are inconsistent 
with Article VI of the GATT 1994 and the Anti -Dumping Agreement.   
In addition, this Request for Consultations also covers in whatever form: any amendments, 
supplements, or extensions to or of the measures referred to in this Section; any measures 
replacing, renewing or implementing the measures referred to in this Section; and, any measures 
related to the measures referred to in this Section.  
III. Legal basis for the complaint  
Ukraine cons iders that the measures referred to in Section II above are inconsistent with several of 
the Kyrgyz Republic 's WTO obligations, including, but not limited to:  
1. Article 9.1 of the Anti -Dumping Agreement because the anti -dumping duties, which are 
currently in  place, exceed the adequate level that could remove injury to the domestic 
industry;  
2. Article 9.3 of the Anti -Dumping Agreement and paragraph 2 of Article VI of the GATT 1994, 
because the anti -dumping duties, which are currently in place, exceed the margin of 
dumping determined by the EEC Department for Internal Market Defence within the interim 
review;  
3. Article 11.1 of the Anti -Dumping Agreement because the anti -dumping duties are still in 
force in the amount that exceeds the level of duty necessary to coun teract dumping that is 
causing injury although findings of the EEC Department for Internal Market Defence under 
the interim review, contained in its Report dated 4 October 2017, proved that the anti -
dumping duties should be decreased;  
4. Article 11.2 of the A nti-Dumping Agreement because the measure that is no longer 
warranted is still in force despite of the findings of the EEC  Department for Internal Market 
Defence within the interim review that the anti -dumping duties should be decreased;   
5. Article 11.4 of t he Anti -Dumping Agreement because the EEC failed to conclude the interim 
review expeditiously and has been carrying out such review for almost 24  months;  
                                                
1 Notice of initiation of the interim review dated 17 October 2016 is available at  
http://www.eurasiancommission.org/ru/act/trade/podm/investigations/PublicDocuments/AD1R3_notice_initiati
on.pdf  
2 https://docs.eaeunion .org/docs/ru-ru/01410363/ clcd_03062016_48   
3 
http://www.eurasiancommission .org/ru/act/trade /podm /investigations /PublicDocuments /AD1R3_report .pdf  WT/DS570/1 • G/L/1265 • G/ADP/D128/1  
 
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  6. Article 12.2.2 of the Anti -Dumping Agreement because the EEC failed to give a public notice 
of conclus ion or suspension of the interim review as the decision has not been adopted yet;  
7. Article VI of the GATT 1994 as a consequence of a breach of the Anti -Dumping Agreement 
described above.  
These violations appear to nullify or impair benefits accruing to Ukra ine directly or indirectly under 
the cited agreements.  
Ukraine reserves the right to raise additional claims and legal matters during the course of the 
consultations and in any future request for panel proceedings.  
Ukraine looks forward to receiving the Kyrgyz Republic 's reply to this request and to fixing a mutually 
convenient date for consultations.  
 
__________