G/ADP/Q1/UKR/10  
G/SCM/Q1/UKR/10  
G/SG/Q1/UKR/10  
 
16 April 2013  
(13-2019)  Page: 1/2  
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 AUSTRALIA 
REGARDING THE NOTIFICATION OF UKRAINE1 
The following communication, dated 12 April 2013, is being circulated at the request of the 
Delegation of Australia.  
_______________ 
 
 Australia thanks Ukraine for notifying its laws and regulations relating to anti-dumping, 
countervailing duty and safeguard investigations as of 22 August 2012. Australia has the following 
questions:  
Question 1  
 Australia notes that Article 275 of the Customs Co de of the Ukraine refers to the various trade 
remedies imposed as a result of “serious injury” for the purposes of imposing safeguard measures 
and “injury” for the purposes of imposing anti-d umping and countervailing duties. Article 1(8) of 
Chapter I of the 1998 Law “on Protection of the Na tional Producer against Dumped Imports” refers 
to “damage” which is stipulated under Article 10.  Could Ukraine please explain the relationship 
between these two pieces of legislation an d what standard of injury is used.   
 Question 2 
 
Article 2 of the 1998 Law “on Protection of the Na tional Producer against Dumped Imports” states 
that this Law is applied to imports subject to dumping but does not include the application of special rules in the field of agriculture. Could Ukraine please explain which laws and regulations 
apply to agricultural products. 
 Question 3 
 
Paragraph 3 of Article 9 of Chapter II provides that an interested party “which demands an 
adjustment, should prove that this demand is substantiated”. Could Ukraine clarify whether the 
investigating authority is responsible for making adjustments which they consider affect the 
comparability based on evidence collected during the investigation, even where no claims are made by an interested party?    
Question 4  
 Paragraph 4 of Article 9 lists factors that may affe ct the comparability of export price and normal 
value. Are the factors listed in this paragraph exhaustive, that is, is it possible for the investigating 
authority to make adjustments because of any other factors that may not be listed that affect comparability of export price and normal value? For example, the level of trade or similar factors? 
                                               
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 (dated 
26 February 2013).   G/ADP/Q1/UKR/10 • G/SCM/Q1/UKR/10 • G/SG/Q1/UKR/10 
 
- 2 - 
 
  Question 5 
 Paragraph 7 of Article 12 of Chapter III on initiation of anti-dumping procedures provides that the Commission notify “the corresponding competent bodies of the interested exporting country of the 
initiation of an anti-dumping procedure” (emphasis added). Could Ukraine please clarify whether 
this reflects the requirement under the WTO Anti-Dumping Agreement (ADA) to notify the 
government of the export Member concerned “after  receipt of a properly documented application 
and before  proceeding to initiate an investigation” (emphasis added).   
  Question 6 
 
Paragraph 10 of Article 12 provides that an anti-dumping procedure is terminated “except for cases when termination of the anti-dumping procedure contradicts national interests”. Could 
Ukraine please clarify how these national interests ar e defined. Is Article 36 relating to a public or 
national interest test the relevant provision? Is the initiation of an anti-dumping procedure in these instances consider to be in special circumstances? How does this relate to Article 16 on the 
procedure for terminating an anti-dumping procedure? 
 Question 7  
Article 36 provides for a national or public intere st test on whether to impose an anti-dumping 
measure. Paragraph 2 of Article 36 describes that interested parties may express views on the national interest aspects at the time of initiation of an anti-dumping investigation. Paragraph 4 of 
Article 36 also provides for interested parties to submit comments following a decision by the 
Commission on the application of provisional anti -dumping duties. Could Ukraine please explain 
the timing of this proceeding including whether at the conclusion of an investigation but before a 
final decision by the Commission to impose anti-dumping measures, interested parties are further 
able to express views on the national interest aspect s. Is this triggered by interested parties or is 
this automatically considered by the Commission.     
Question 8  
 Could Ukraine please explain whether interested parties have rights of appeal (that is, to have 
matters reconsidered) in relation to findings and decisions which they dispute, and what are the 
possible outcomes of such an appeal?  
 
__________