WT/DS530/1/Add.1  
G/L/1185/Add.1  
G/ADP/D119/1/Add.1  
 
11 September 201 8 
(18-5609) Page: 1/3 
  Original: English  
 
KAZAKHSTAN – ANTI -DUMPING MEASURES ON STEEL PIPES  
REQUEST FOR CONSULTA TIONS BY UKRAINE  
Addendum  
The following communication, dated 7 September 201 8, from the delegation of Ukraine  to the 
delegation of Kazakhstan  and to the Chairperson of the Dispute Settlement Body, is circulated in 
accordance with Article  4.4 of the DSU.  
 
_______________  
 
 
With reference to the document WT/DS530/1, G/L/1185, G/ADP/D119/1 issued on 
19 September  2017,  my authorities have instructed me to request  further consultations with 
the Government of Kazakhstan pursuant to Articles 1 and 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-Dumping  Agreement").  
On 30 October 2017 Ukraine and Kazakhstan held an initial round of consulta tions on this matter 
with a view to reaching a mutually satisfactory solution. While the consultations assisted in 
clarifying some aspects of the issues before the parties,  they failed to resolve the dispute. 
Subsequent to the results of the first round of consultations held with Kazakhstan on 30 October 
2017 Ukraine has identified additional aspects with respect to the measures at issue. Therefore, 
Ukraine respectfully requ ests further consultations with Kazakhstan with a view to reaching a 
mutually satisfactory solution.  
This request supplements and does not replace Ukraine's request for consultations with 
Kazakhstan dated 19 September 2017 and circulated as document WT/DS5 30/1, G/L/1185, 
G/ADP/D119/1.1 
I. Background  
This request is with respect to anti -dumping measures applied to certain types of steel pipes on 
the customs territory of Kazakhstan. The measures are applied pursuant to  the Decision of the 
Collegium of the Eurasi an Economic Commission ("EEC") No. 48 of 2 June 2016 on imports of 
certain types of steel pipes originating in Ukraine as a result of the sunset review of the anti -
dumping measures on imports of certain types of steel pipes originating in Ukraine and impor ted 
on the customs territory of the Eurasian Economic Union.  
Further, on 17 October 2016 an interim review was initiated2 with a view to revise level of 
individual anti -dumping duties in light of changed circumstances. As a result of the review, 
                                                
1 https://docs.wto.org /dol2fe/Pages/FE_Search/FE_S_S009 -
DP.aspx?language=E&CatalogueIdList=239627,239537,239315,238874&CurrentCatalogueIdIndex=3&FullText
Hash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True  
2 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  WT/DS530/1/Add.1 • G/L/1185/Add.1 • G/ADP/D119/1/Add.1  
 
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  investigating authority issued a Report concluding that anti -dumping duties 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 ti me 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";3 
 the findings of the EEC  in the Report (Notice No. 2016/55/AD1R2 of 3 June 2016) 
"On the results of the sunset review of anti -dumping duties on certain types of 
steel pipes originating in Ukraine";4 
 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".5 
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 a nd 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 measur es referred to in this Section.  
III. Legal basis for the complaint  
Ukraine considers that the measures referred t o in Section II above are inconsistent with several 
of Kazakhstan'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 coul d 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 fin dings of the EEC Department 
for Internal Market Defence under the interim review, containe d in its Report dated 
4 October  2017, proved that the anti-dumping duties sh ould be decreased, but the 
anti-dumping duties are still in force in the amount that exceeds the level of duty 
necessary to counteract dumping that is causing injury;  
4. Article 11.2 of the Anti -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;  
                                                
3 https://docs.eaeunion.org/docs/ru -ru/01410363/clcd_03062016_48   
4 
http://www.eurasiancommission .org/ru/act/trade /podm /investigations /PublicDocuments /AD1R2_report _final.p
df  
5 
http://www.eurasiancommission .org/ru/act/trade /podm /investigations /PublicDocuments /AD1R3_report .pdf  WT/DS530/1/Add.1 • G/L/1185/Add.1 • G/ADP/D119/1/Add.1  
 
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  5. Article 11.4 of the Anti -Dumping Agreement because the EEC failed to conclude the interim 
review expeditiously and has been carrying out such review for more than 20 months;  
6. Article 12.2.2 of the Anti -Dumping Agreement because the EEC failed to give a public 
notice of conclusion or suspension of the interim review  as the decision has not been 
adopted yet.  
These violations appear to nullify or impair benefits accruing to Ukraine directly or indirectly under 
the cited agreements.  
Ukraine reserves the right to raise additional claims and legal matters during the cours e of the 
consultations and in any future request for panel proceedings.  
Ukraine looks forward to receiving Kazakhstan 's reply to this request and to fixing a mutually 
convenient date for consultations.  
 
__________