G/ADP/N/1/KGZ/3  
G/SCM/N/1/KGZ/3  
G/SG/N/1/KGZ/3  
 
17 October 2016 
(16-5590) Page: 1/64 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
 NOTIFICATION OF LAWS  AND REGULATIONS UNDE R 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGRE EMENTS  
KYRGYZ REPUBLIC  
The following communication, dated 7 October 2016, is being circulated at the request of the 
Delegation of the Kyrgyz Republic . 
_______________  
I. REL EVANT LAWS AND REGULATIONS  
 
Pursuant to Article 32.6 of the Agreement on Subsidies and Countervailing Measures, Article 18.5 
of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 
1994 and Article 12.6 of the Agreeme nt on Safeguards the Kyrgyz Republic hereby notifies:  
 
(1) Articles 48, 49, 50 of the Treaty on the Eurasian Economic Union of 29 May 2014;  
(2) Annex No. 8 to the Treaty on the Eurasian Economic Union (Protocol on Application of 
Safeguard, Anti -Dumping and  Countervailing Measures with respect to Third Countries);  
(3) Decision of the EEC Board of 7 March 2012  No. 1 "On some issues of safeguard , 
antidumping and countervailing measures in the common customs territory of the 
Customs  Union";  
(4) Provision for th e use and protection of confidential information and proprietary 
information of limited distribution in the body responsible for investigating of 7 March 2012;  
(5) Regulation making and draft decisions of the Eurasian Economic Commission for 
safeguard, ant idumping and countervailing measures of 7 March 2012;  
(6) Board of EEC Decision No. 44 of 16 May 2012 " On some issues of protection of the 
domestic market";  
(7) Section VI to Annex No. 1 to the Protocol on Conditions and Transitional Clauses 
Pertaining to Application by the Kyrgyz Republic of the Treaty on the Eurasian Economic Union of 
29 May 2014, Certain International Treaties Forming Part of the Law of the Eurasian Economic 
Union and Legal Acts of the Bodies of the Eurasian Economic Union Following the Accession of the 
Kyrgyz Republic to the Treaty on the Eurasian Economic Union of 29 May 2014 (Conditions and 
Transitional Clauses).  
The texts of the attached documents represent non -official translation.  
 G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 2 - 
 
  II. TRANSPARENCY  
 
The Department for Internal Marke t Defen сe of the Eurasian Economic Commission is the 
investigating authority responsible for conducting safeguard, anti -dumping and countervailing duty 
investigations.  
 
Address: Smolensky boulevard, 3/5, Moscow, Russian Federation, 119121   
Tel: +7 (495) 66 9-24-00 (*1272)  
Fax: +7 (495) 669 -24-00 (*1109)  
E-mail: tradedefence@eecommission.org  
Website: http://eec.eaeunion.org  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 3 - 
 
  (1) Articles 48, 49, 50 of the Treaty on the Eurasian Economic Union of 29 May 2014  
TREATY ON T HE EURASIAN ECONOMIC  UNION OF 29 MAY 2014  
3. Trade Remedies  
Article 48  
General Provisions on Application of Trade Remedies  
1. In order to defend the economic interests of producers in the Union, trade remedies may be 
applied to products originating in thir d countries and imported into the customs territory of the 
Union in the form of safeguard, anti -dumping and countervailing measures, and in the form of 
other measures in cases provided for in Article 50 of this Treaty.  
2. A decision to apply, modify or wit hdraw a safeguard, anti -dumping or countervailing 
measure or not to apply a measure is to be taken by the Commission.  
3. Safeguards, anti -dumping or countervailing measures shall be applied in accordance with 
the conditions and procedures set out in Annex No. 8 to this Treaty.  
4. A safeguard, anti -dumping or countervailing measure shall be applied pursuant to an 
investigation carried out by the competent authority designated by the Commission (hereinafter - 
"investigating authority") in accordance with the provisions of Annex No. 8 to this Treaty.  
5. Safeguard, anti -dumping and countervailing duties shall be transferred and distributed in 
accordance with Annex No. 8 to this Treaty.  
Article 49  
Principles of Application of Safeguard, Anti -Dumping and Counterva iling Measures  
1. A safeguard measure may be applied to a product if, pursuant to an investigation carried out 
by the investigating authority, it is determined that such product is being imported into the 
customs territory of the Union in such increased qu antities (absolute or relative to the total volume 
of domestic production of the like or directly competitive product in the Member States), and 
under such conditions as to cause or threaten to cause serious injury to a domestic industry of the 
Member Stat es. 
2. An anti -dumping measure may be applied to a product that is considered to be dumped if, 
pursuant to an investigation carried out by the investigating authority, it is determined that 
imports of such product into the customs territory of the Union ca use or threaten to cause material 
injury to a domestic industry of the Member States or materially retard the establishment of a 
domestic industry of the Member States.  
3. A countervailing measure may be applied to an imported product that was granted a sp ecific 
subsidy from an exporting third country on its manufacture, production, export or transportation if, 
pursuant to an investigation carried out by the investigating authority, it is determined that 
imports of such product into the customs territory of  the Union cause or threaten to cause material 
injury to a domestic industry of the Member States or materially retard the establishment of a 
domestic industry of the Member States.  
4. For the purposes of application of trade remedies, the domestic industr y of the Member 
States shall be interpreted as referring to domestic producers as a whole of the like products 
(for the purposes of anti -dumping and countervailing duty investigations) or the like or directly 
competitive products (for the purposes of safeg uard investigations) or those of them whose 
collective output of such products constitutes a major proportion of the total domestic production 
in the Member States of the like products or like or directly competitive products, respectively, but 
not less th an 25 percent.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 4 - 
 
  Article 50  
 
Other Trade Defence Instruments  
 In order to remove negative impact of imports from a Third Party on producers of the 
Member States, an international treaty establishing a free trade regime between the Union and 
such Third Party may provide for the right to impose bilateral trade defence instruments other 
than safeguard, anti -dumping and countervailing measures, including measures with respect to 
imports of agricultural products.  
 The decision to apply such measures is to be taken  by the Commission.  
_______________  
 G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 5 - 
 
  (2) Annex No. 8 to the Treaty on the Eurasian Economic Union (Protocol on Application 
of Safeguard, Anti -Dumping and Countervailing Measures with respect to Third 
Countries)  
ANNEX N o. 8 TO THE TREATY ON THE  EURASIAN EC ONOMIC UNION  
PROTOCOL  ON APPLICATION OF SA FEGUARD,  
ANTI-DUMPING AND COUNTERV AILING MEASURES  
WITH RESPECT TO THIR D COUNTRIES  
I. General Provisions  
1. This Protocol is elaborated in accordance with Articles 48 and 49 of the Treaty on the 
Eurasian Economic Union  (hereinafter - "Treaty ") and lays down provisions pertinent to the 
application of safeguard, anti -dumping and countervailing measures with respect to third countries 
for the purpose of defence of the economic interests of producers in the Union.  
2. The terms  used in this Protocol shall be interpreted to have the following meanings:  
- "like product " is a product which is completely identical to the product subject to 
investigation or to the product that may become the product subject to investigation (review) or in 
the absence of such a product, another product that has characteristics closely resembling those of 
the product subject to investigation or the product that may become the product subject to 
investigation (review);  
- "anti-dumping measure " is a measu re to counteract the dumped imports that is applied 
pursuant to a decision of the Commission through the imposition of an anti -dumping duty, 
including a provisional anti -dumping duty, or accepting a price undertaking from an exporter;  
- "anti-dumping duty " is a duty that is applied pursuant to the imposition of an anti -dumping 
measure and that is levied by the customs authorities of the Member States, irrespective of an 
import customs duty;  
- "margin of dumping " is the percentage ratio of the normal value o f the product, deducting 
the export price of this product, to its export price, or the difference between the normal value of 
the product and its export price in absolute terms;  
- "import quota " is a restriction on importation of the product into the custo ms territory of the 
Union with respect to its quantity and (or) value;  
- "countervailing measure " is a measure to remove the effect of a specific subsidy of an 
exporting third country on the domestic industry of the Member States that is applied pursuant t o 
a decision of the Commission through the imposition of a countervailing duty (including a 
provisional countervailing duty) or accepting voluntary undertakings from an authorised body of 
the third country granting the subsidy, or the exporter;  
- "counterv ailing duty " is a duty that is applied upon the imposition of a countervailing 
measure and is levied by the customs authorities of the Member States, irrespective of an import 
customs duty;  
- "material injury to a domestic industry of the Member States " is a deterioration  in the 
position of the domestic industry of the Member States confirmed by positive evidence, which may 
manifest itself, in particular, in a decline in production of the like product in the Member States 
and volume of its sales in the mark et of the Member States, in a decline in profitability of such 
product, as well as negative effects on inventories, employment, level of wages in the domestic 
industry of the Member States and the level of investment in the domestic industry of the Member 
States;  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 6 - 
 
  - "directly competitive product " is a product that is comparable to the product subject to 
investigation or to the product that may become the product subject to investigation (review) in its 
intended use, application, quality or physical character istics, as well as other main properties so 
that a consumer substitutes or is ready to substitute it in the process of consumption for the 
product subject to investigation or the product that may become the product subject to 
investigation (review);  
- "ordinary course of trade " is an act of purchase and sale of the like product in the market of 
the exporting third country at a price not below its weighted average cost of production defined on 
the basis of the weighted average costs of production plus weight ed average selling, 
administrative and general costs;  
- "payers " are persons defined in accordance with the Customs Code of the Eurasian 
Economic  Union;  
- "provisional anti -dumping duty " is a duty applied to the imports of a product into the 
customs territ ory of the Union in relation to which during the course of an investigation the 
investigating authority has made a preliminary determination of dumped imports that cause 
material injury to a domestic industry of the Member States, threaten to cause materia l injury or 
materially retard the establishment of a domestic industry of the Member States;  
- "provisional countervailing duty " is a duty applied to the imports of a product into the 
customs territory of the Union in relation to which during the course of  an investigation the 
investigating authority has made a preliminary determination of subsidized imports that cause 
material injury to a domestic industry of the Member States, threaten to cause material injury or 
materially retard the establishment of a d omestic industry of the Member States;  
- "provisional safeguard duty " is a duty applied to the imports of a product into the customs 
territory of the Union in relation to which during the course of an investigation the investigating 
authority has made a pr eliminary determination of increased imports that cause or threaten to 
cause serious injury to a domestic industry of the Member States;  
- "previous period " is a period of 3 calendar years immediately preceding the date of filing the 
application for the in vestigation and for which necessary statistical data is available;  
- "related parties " are persons that meet one or more of the following criteria:  
- each of these persons is an employee or the head of an organisation established with 
the participation of another person;  
- persons are business partners, i.e. are bound by contractual relations, operate for 
making profit and jointly bear the costs and losses associated with the implementation 
of joint activities;  
- persons are employers and employees of one o rganisation;  
- one of them directly or indirectly owns, controls or is a nominee shareholder of 5 or 
more percent of the voting shares or shares of both persons;  
- one of them directly or indirectly controls the other;  
- both of them are directly or indire ctly controlled by a third person;  
- together they directly or indirectly control a third person;  
- persons are in marital relations, kindred relations, or are an adoptive parent and an 
adoptee, as well as a trustee and a ward.  
It is understood that direct  control is a possibility for a legal entity or a natural person to 
determine the decisions made by a legal entity through one or more of the following actions:  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 7 - 
 
  - exercising of the functions of its executive body;  
- receiving the right to determine the con ditions of the entrepreneurial activity of the 
legal entity;  
- disposal of more than 5 percent of the total number of votes that refer to shares that 
represent authorised (joint) capital (fund) of the legal entity.  
Indirect control is understood as a possi bility of a legal entity or a natural person to 
determine the decisions made by a legal entity through a legal entity or a natural person or 
through a number of legal entities between which there is a direct control.  
- "serious injury to a domestic industr y of the Member States " is overall deterioration of 
conditions of production of the like or directly competitive product in the Member States confirmed 
by positive evidence, that consists in significant impairment in the industrial, commercial and 
financia l position of the industry of the Member States, and is generally determined for the 
previous period;  
- "safeguard measure " is a measure to counter increased imports into the customs territory of 
the Union that is applied pursuant to a decision of the Comm ission through the imposition of an 
import quota, a special quota or a safeguard duty, including a provisional safeguard duty;  
- "special quota " is an establishment of a particular volume of a product imported into the 
customs territory of the Union, withi n the limit of which the product is imported into the customs 
territory of the Union without paying a safeguard duty, and in case of exceeding it  - upon paying a 
safeguard duty;  
- "safeguard duty " is a duty that is applied pursuant to the imposition of a s afeguard measure 
and is levied by the customs authorities of the Member States, irrespective of the import customs 
duty;  
- "subsidized imports " are imports of a product into the customs territory of the Union, in the 
production, exportation and transportat ion of which a specific subsidy of an exporting third country 
was used;  
- "third countries " are countries and (or) groups of countries that are not the Parties to the 
Treaty, as well as the territories included into the Classifier of Countries of the World  that is 
approved by the Commission;  
- "granting authority " is a government authority or a local government authority of an 
exporting third country, or a person who acts pursuant to the instruction of the relevant 
government authority or a local government  authority or is authorised by the relevant government 
authority or local government authority in accordance with a legal act or based on factual 
circumstances;  
- "threat of material injury to a domestic industry of the Member States " is an imminence of 
material injury to a domestic industry of the Member States that is confirmed by positive 
evidence;  
- "threat of serious injury to a domestic industry of the Member States " is an imminence of 
serious injury to a domestic industry of the Member States that is  confirmed by positive evidence;  
- "export price " is a price that is paid or payable upon importation of a product into the 
customs territory of the Union.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 8 - 
 
  II. Investigation  
 
1. Investigation Objectives  
3. A safeguard, anti -dumping or countervailing measure o n imports of a product shall only be 
imposed pursuant to an investigation carried out to determine:  
- the existence of increased imports into the customs territory of the Union that cause 
or threaten to cause serious injury to a domestic industry of the Me mber States;  
- the existence of dumped or subsidized imports into the customs territory of the Union 
that cause or threaten to cause material injury to a domestic industry of the Member 
States or materially retard the establishment of a domestic industry o f the Member 
States.  
2. Investigating Authority  
4. The investigating authority shall act within the powers given to it by international treaties 
and acts constituting the law of the Union.  
5. Pursuant to an investigation, the investigating authority shall submit  a report to the 
Commission that contains proposals on necessity of application or extension of the period of 
application of a safeguard, anti -dumping or countervailing measure, or review, or withdrawal of a 
safeguard, anti -dumping or countervailing measur e, attaching a draft of a relevant decision of the 
Commission.  
6. A review of the safeguard, anti -dumping or countervailing measure shall provide for its 
modification, withdrawal or liberalization based on the results of such review.  
7. In cases specified in par agraphs 15 -22, 78 -89, 143 -153 of this Protocol the investigating 
authority until the end of the investigation shall submit a report to the Commission that contains 
proposals on imposition or application of provisional safeguard, anti -dumping or countervail ing 
measure attaching a draft of a relevant decision of the Commission.  
8. Submission of the evidence and information to the investigating authority as well as written 
correspondence with the investigating authority shall be maintained in the Russian language , and 
original documents that are prepared in a foreign language shall be accompanied with a certified 
translation into the Russian language.  
III. Safeguard Measures  
1. General Principles of Application of Safeguard Measure  
9. A safeguard measure shall be app lied to a product imported into the customs territory of the 
Union from an exporting third country, irrespective of the country of its origin, except : 
1) a product  originating in a developing or a least developed third country benefiting from 
the tariff pr eferences system of the Union as long as the share of imports of the product subject to 
investigation from this country does not exceed 3 percent of total imports of the product subject to 
investigation into the customs territory of the Union, provided tha t the total share of imports from 
developing and least developed countries, whose individual share of imports of the product subject 
to investigation does not exceed 3 percent of total imports of the product subject to investigation 
into the customs territ ory of the Union, collectively account for not more than 9 percent of total 
imports of the product subject to investigation into the customs territory of the Union;  
2) a product originating in a Participating State of the Commonwealth of Independent 
States , which is a party to the Treaty on a Free Trade Area of October 18, 2011, provided that 
conditions specified in Article 8 of the Treaty on a Free Trade Area of October 18, 2011 are 
fulfilled.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 9 - 
 
  10. The Commission shall take a decision to extend the safeguard me asure to a product 
originating in a developing or a least developed third country and excluded from the application of 
a safeguard measure in accordance with paragraph 9 of this Protocol if, pursuant to a review 
carried out by the investigating authority i n accordance with paragraphs 31, 33 or 34 of this 
Protocol, it is determined that the share of imports of a product originating in this developing or 
least developed third country exceeds the indicators specified in paragraph 9 of this Protocol.  
11. The Commis sion shall take a decision to extend the safeguard measure to a product 
originating in a Participating State of the Commonwealth of Independent States, which is a party 
to the Treaty on a Free Trade Area of October 18, 2011 and is excluded from the applica tion of a 
safeguard measure in accordance with paragraph 9 of this Protocol, if, pursuant to a review carried 
out by the investigating authority in accordance with paragraphs 31, 33 or 34 of this Protocol, it is 
determined that the conditions specified in Article 8 of the Treaty on a Free Trade Area of 
October  18, 2011 are no longer fulfilled.  
2. Determination of Serious Injury or Threat Thereof to Domestic  
Industry of Member States Caused by Increased Imports  
12. For the purposes of determination of serious in jury or threat thereof to a domestic industry 
of the Member States caused by increased imports into the customs territory of the Union, in the 
course of an investigation the investigating authority shall evaluate all factors of an objective and 
quantifiabl e nature which have a bearing on the economic situation of the domestic industry of the 
Member States, including the following:  
1) the rate and amount of the increase in imports of the product subject to investigation in 
absolute and relative terms to dome stic production or consumption of the like or directly 
competitive product in the Member States;  
2) the share of the imported product subject to investigation in the total volume of sales of 
this product and the like or directly competitive product in the market of the Member States;  
3) the level of prices for the imported product subject to investigation in comparison with 
the level of prices for the like or directly competitive product produced in the Member States;  
4) changes in the volume of sales of th e like or directly competitive product produced in the 
Member States in the market of the Member States;  
5) changes in the volume of production of the like or directly competitive product, 
productivity, utilization of capacity, amount of profits and losses  and employment level in the 
domestic industry of the Member States.  
13. Serious injury or threat thereof to a domestic industry of the Member States caused by 
increased imports shall be determined pursuant to an examination of all relevant evidence and 
inform ation available to the investigating authority.  
14. Along with increased imports, the investigating authority shall examine other known factors 
which at the same time are causing or threatening to cause serious injury to the domestic industry 
of the Member Sta tes. Such injury must not be attributed to the serious injury or threat thereof 
caused by increased imports into the customs territory of the Union.  
3. Imposition of Provisional Safeguard Duty  
15. In critical circumstances where delay in application of a safeg uard measure would cause 
damage to a domestic industry of the Member States which it would be difficult to repair, the 
Commission, before the conclusion of the respective investigation, may take a decision to apply a 
provisional safeguard duty for a period  not exceeding 200 calendar days on the basis of a 
preliminary determination by the investigating authority that there is clear evidence that increased 
imports of the product subject to investigation have caused or are threatening to cause serious 
injury t o a domestic industry of the Member States. The investigation shall be continued in order 
to obtain the final determination of the investigating authority.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 10 - 
 
  16. The investigating authority shall notify in writing the authorised body of the exporting third 
count ry as well as other interested parties known to it of the possible imposition of a provisional 
safeguard duty.  
17. At the request of the authorised body of the exporting third country to hold consultations on 
the imposition of a provisional safeguard duty such  consultations shall be initiated after the 
decision to apply a provisional safeguard duty is taken by the Commission.  
18. In cases where, pursuant to an investigation, the investigating authority determines that 
there are no grounds for the imposition of a sa feguard measure, or the decision not to apply a 
safeguard measure is taken in accordance with paragraph 272 of this Protocol, the amounts of the 
provisional safeguard duty shall be refunded to the payer in accordance with the procedure 
specified in the Ann ex to this Protocol.  
The investigating authority shall provide timely information to the customs authorities of the 
Member States on the absence of grounds for the imposition of a safeguard measure, or on the 
decision not to apply a safeguard measure taken  by the Commission.  
19. In cases where, pursuant to an investigation, the decision to apply a safeguard measure 
(including in the form of an import or special quota) is taken, period of application of the 
provisional safeguard duty shall be counted as part of the overall period of application of the 
safeguard measure, and from the date of entry into force of the decision to apply the safeguard 
measure taken pursuant to an investigation, the amounts of provisional safeguard duty shall be 
transferred and distribu ted in accordance with the procedure specified in the Annex to this 
Protocol, taking into account the provisions of paragraphs 20 and 21 of this Protocol.  
20. In cases where, pursuant to an investigation, it is considered reasonable to impose a 
safeguard duty at a rate less than the rate of the provisional safeguard duty, the amounts of the 
provisional safeguard duty equal to the amount of the safeguard duty calculated on the basis of 
the established safeguard duty rate shall be transferred and distributed in a ccordance with the 
procedure specified in the Annex to this Protocol.  
The amounts of the provisional safeguard duty which exceed the amount of the safeguard 
duty calculated on the basis of the established safeguard duty rate shall be refunded to a payer in  
accordance with the procedure specified in the Annex to this Protocol.  
21. In cases where, pursuant to an investigation, it is considered reasonable to impose a 
safeguard duty at a rate higher than the rate of the provisional safeguard duty, the difference 
between the amount of the provisional safeguard duty and the amount of the safeguard duty shall 
not be collected.  
22. The decision to impose of a provisional safeguard duty, as a rule, shall be taken not later 
than 6 months from the date of the initiation of the  investigation.  
4. Application of Safeguard Measure  
23. A safeguard measure shall be applied pursuant to a decision of the Commission to the 
extent and during a period necessary to prevent or remedy serious injury or threat thereof to a 
domestic industry of th e Member States and to facilitate the adjustment of a domestic industry of 
the Member States to changing economic conditions.  
24. In cases where a safeguard measure is applied in the form of an import quota, the volume 
of such quota shall not be lower than the  average annual volume of imports of the product subject 
to investigation (in quantitative or in value terms) for the previous period, except in cases where a 
lower volume of import quota is necessary to remedy serious injury or threat thereof to a domesti c 
industry of the Member States.  
25. In cases where  an import quota is allocated among exporting third countries, those of them 
having an interest in supplying the product subject to investigation to the customs territory of the 
Union shall be provided an oppo rtunity to conduct consultations on the allocation of import quota 
among them.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 11 - 
 
  26. In cases where the conduct of consultations specified in paragraph 25 of this Protocol is not 
practicable or no agreement on such allocation is reached in the consultations, an import quota 
shall be allocated among exporting third countries having an interest in exporting the product 
subject to investigation to the customs territory of the Union based upon the proportions of this 
product, imported from these third countries durin g the previous period, of the total quantity or 
value of imports of such product.  
Any special factors which may have affected or may be affecting the trade in the product 
shall be taken into account.  
27. In cases where imports of the product subject to invest igation from certain exporting third 
countries have increased in disproportionate percentage in relation to the total increase of imports 
of such product within 3 years preceding the date of filing the application for the investigation, the 
Commission may allocate an import quota among such exporting third countries taking into 
account absolute and relative increase in imports of this product into the customs territory of the 
Union from such exporting third countries.  
The provisions of this paragraph shall  be applied only in cases where the investigating 
authority has determined the existence of serious injury to a domestic industry of the Member 
States.  
28. The procedure for application of a safeguard measure in the form of an import quota shall be 
determined by the Commission. In cases where such a decision provides for import licensing, 
licences shall be issued in accordance with the procedure specified in Article 46 of the Treaty.  
29. In cases where a safeguard measure is applied in the form of a special quota, determination 
of its volume, allocation and application of such quota shall be carried out in accordance with the 
procedure specified for import quota in paragraphs 24 -28 of this Protocol.  
5. Duration and Review of Safeguard Measure  
30. The duration of a safeg uard measure shall not exceed 4 years, except for the case where 
the duration of such measure is extended in accordance with paragraph 31 of this Protocol.  
31. The duration of a safeguard measure specified in paragraph 30 of this Protocol may be 
extended by a decision of the Commission if, pursuant to a review carried out by the investigating 
authority, it is determined that it is necessary to extend the duration of a safeguard measure to 
remove serious injury to a domestic injury of the Member States or threat  thereof and there is 
evidence that a domestic industry of the Member States is adjusting to the changing economic 
conditions.  
32. If the Commission takes a decision to extend a safeguard measure, such safeguard measure 
shall not be more restrictive than the s afeguard measure which is in force on the date when this 
decision is taken.  
33. In cases where the duration of a safeguard measure exceeds 1 year, the Commission shall 
progressively liberalize such safeguard measure at regular intervals during the period of 
application.  
In cases where the duration of a safeguard measure exceeds 3 years, not later than the 
mid-term of the measure, the investigating authority shall carry out a review, pursuant to which 
the safeguard measure may be maintained, liberalized or withd rawn. For the purposes of this 
paragraph, liberalization of a safeguard measure shall mean an increase in the volume of an 
import quota or a special quota, or a reduction of a safeguard duty rate.  
34. In addition to a review specified in paragraph 33 of this P rotocol, at the initiative of the 
investigating authority or upon an application by an interested party, a review may be carried out 
in order to:  
1) determine whether it is reasonable to modify, liberalize or withdraw a safeguard measure 
due to changed cir cumstances, including the clarification of the product subject to the safeguard G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 12 - 
 
  measure if there are grounds to believe that such a product cannot be produced in the Union in the 
course of application of this safeguard measure;  
2) determine the share of de veloping or least developed third countries in the total volume 
of imports of the product into the customs territory of the Union;  
3) determine for the Participating States of the Commonwealth of Independent States which 
are parties to the Treaty on a Free  Trade Area of October 18, 2011 whether the criteria established 
by Article  8 of the mentioned Treaty are fulfilled.  
35. The investigating authority may accept an application for a review for the purposes specified 
in subparagraph one of paragraph 34 of this P rotocol if at least 1 year has elapsed since the 
imposition of a safeguard measure.  
36. The provisions regarding the carrying out of investigations shall be applied mutatis mutandis  
to reviews.  
37. Total period of application of a safeguard measure, including per iod of application of a 
provisional safeguard duty and period for which the duration of a safeguard measure is extended, 
shall not exceed 8 years.  
38. No safeguard measure shall be applied again to the import of a product which has been 
subject to a safeguard measure for a period of time equal to the period of duration of the previous 
safeguard measure. The period of such non -application of a safeguard measure shall be not less 
than 2 years.  
39. A safeguard measure with a duration of 180 calendar days or less, notw ithstanding the 
provisions of paragraph 38 of this Protocol, may be applied again to the same product if at least 
1 year has elapsed since the date of imposition of a previous safeguard measure and a safeguard 
measure has not been applied to such product m ore than twice in the five -year period preceding 
the date of imposition of a new safeguard measure.  
IV. Anti -Dumping Measures  
1. General Principles of Application of Anti -Dumping Measure  
40. A product shall be considered as being dumped if the export price of the product is less than 
its normal value.  
41. The period of investigation for which data is examined for the purpose of determining the 
existence  of dumped imports shall be established by the investigating authority. This period should 
normally be 12 months p receding the date of filing the application for investigation, for which the 
statistical data is available, but in any case no less than 6 months.  
2. Determination of Margin of Dumping  
42. The margin of dumping shall be determined by the investigating authorit y on the basis of a 
comparison of:  
1) a weighted average normal value of the product with a weighted average export price of 
the product;  
2) normal value  of the product with export prices of the product on a transaction -to-
transaction basis;  
3) weighted av erage normal value of the product with prices of individual export 
transactions provided that prices of the product differ significantly among different purchasers, 
regions or time periods.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 13 - 
 
  43. The comparison of export price and normal value shall be made at t he same level of trade 
and in respect of sales made at as nearly as possible the same time.  
44. In comparing export price with its normal value allowances shall be made for differences 
which affect price comparability, including differences in conditions and t erms of sale, taxation, 
levels of trade, quantities, physical characteristics, and any other differences which are also 
demonstrated to affect price comparability.  
The investigating authority shall ensure that the allowances for the aforementioned 
differen ces do not duplicate each other and do not distort the result of the comparison of export 
price and normal value. The investigating authority may request the interested parties to provide 
information necessary to ensure a fair comparison of export price of  the product with its normal 
value.  
45. When there are no sales of the like product in the ordinary course of trade in the domestic 
market of the exporting third country or when, because of the low volume of sales of the like 
product in the ordinary course of trade in the domestic market of the exporting third country or 
because of the particular market situation in the exporting third country, such sales do not permit 
a proper comparison of export price of the product and the price of the like product sold in the 
market of exporting third country, export price of the product shall be compared either with a 
comparable price of the like product imported from the exporting third country into another third 
country, (provided that the price of the like product is re presentative), or with the cost of 
production in the country of origin plus a reasonable amount for administrative, selling and general 
costs and for profits.  
46. In case where the product is imported into the customs territory of the Union from a third 
countr y which is not its country of origin, the export price for such product shall be compared with 
the comparable price of the like product in the domestic market of the third country.  
The export price of the product may be compared with the comparable price o f the like 
product in the country of origin if the product is merely transhipped through the third country from 
which it is exported to the customs territory of the Union, or it is not produced in this third 
country, or there is no comparable price for the  like product in this third country.  
47. In the case where the comparison of the export price of the product with its normal value 
requires a conversion of currencies, such conversion should be made using the official rate of 
exchange on the date of sale.  
In case where a sale of foreign currency on forward markets is directly linked to the export 
sale involved, the rate of exchange in the forward sale shall be used.  
The investigating authority shall ignore fluctuations in exchange rates and in the course of 
an investigation shall allow exporters at least 60 calendar days to adjust their export prices to 
reflect sustained movements in exchange rates during the period of investigation.  
48. The investigating authority shall, as a rule, determine an individual margin of  dumping for 
each known exporter and (or) producer of the product who has provided necessary information 
permitting the determination of an individual margin of dumping.  
49. In case where the investigating authority concludes that it is impracticable to deter mine an 
individual margin of dumping for each known exporter and (or) producer of the product due to the 
total number of exporters, producers or importers of the product, variety of types of products 
involved, or any other reason, it may limit the determin ation of an individual margin of dumping to 
a reasonable number of interested parties or it may determine the margin of dumping in relation 
to samples of the product originating in each exporting third country which are statistically valid on 
the basis of information available to the investigating authority and which can be investigated 
without impeding the investigation.  
The selection of interested parties for the purposes of limiting the determination of individual 
margins of dumping shall preferably be m ade by the investigating authority in consultation with G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 14 - 
 
  and with the consent of the respective exporters, producers and importers of the product subject 
to investigation.  
In case where the investigating authority has limited the determination in accordance  with 
this paragraph, it shall also determine an individual margin of dumping for any foreign exporter or 
foreign producer not initially selected who submits necessary information permitting the 
determination of an individual margin of dumping in time for that information to be considered, 
except where the number of foreign exporters and (or) foreign producers is so large that individual 
examinations may prevent the timely conclusion of the investigation by the investigating authority.  
Voluntary responses o f such foreign exporters and (or) foreign producers shall not be 
discouraged by the investigating authority.  
50. In case where the investigating authority has limited the determination of an individual 
margin of dumping, as provided for in paragraph 49 of this  Protocol, the margin of dumping 
calculated for foreign exporters or foreign producers of the dumped product, not selected for the 
determination of an individual margin of dumping, who express their consent to be selected and 
submit necessary information w ithin the established time period, shall not exceed the weighted 
average margin of dumping determined for those selected foreign exporters or foreign producers 
of the dumped product.  
51. If exporters or producers of the product subject to investigation do not submit necessary 
information to the investigating authority in a required form and within the established time 
period, or if submitted information is not verifiable or is inaccurate, the investigating authority may 
determine the margin of dumping on the ba sis of the facts available.  
52. Along with the determination of an individual margin of dumping for each known exporter 
and (or) producer of the product who has submitted necessary information permitting the 
determination of an individual margin of dumping, th e investigating authority may determine a 
single margin of dumping for all other exporters and (or) producers of the product subject to 
investigation based on the highest margin of dumping determined during the course of the 
investigation.  
3. Determination  of Normal Value  
53. The investigating authority shall determine normal value on the basis of prices for the like 
product sold in the ordinary course of trade in the domestic market of the exporting third country 
during the period of investigation to buyers wh o are not related to the producers and exporters 
that are residents of this third country, for the use on the customs territory of the exporting third 
country.  
For the purposes of determination of normal value, prices for the like product sold in the 
dome stic market of the exporting third country to buyers who are related to the producers and 
exporters that are residents of this third country may be taken into account in cases where it is 
determined that the relationship does not affect the pricing policy of the foreign producer and (or) 
exporter.  
54. Volume of sales of the like product in the ordinary course of trade in the domestic market of 
the exporting third country shall be considered as sufficient for the determination of the normal 
value, if such volume  constitutes not less than 5 percent of the total volume of exports of the 
product to the customs territory of the Union from the exporting third country.  
A lower volume of sales of the like product in the ordinary course of trade should be 
acceptable for the determination of the normal value if the evidence demonstrates that such a 
volume is sufficient to provide for a proper comparison of the export price of the product with the 
price for the like product in the ordinary course of trade.  
55. For the purpose o f determination of the normal value of the product in accordance with 
paragraph 53 of this Protocol, the price for the product sold to buyers in the domestic market of 
the exporting third country shall be the weighted average price of the like product sold  during the G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 15 - 
 
  period of investigation or the price for the product under each individual transaction within this 
period.  
56. Sale of the like product in the domestic market of the exporting third country or from the 
exporting third country to another third count ry at prices below per unit costs of production of the 
like product plus administrative, selling and general costs may be disregarded in the determination 
of the normal value only in case where the investigating authority establishes that within the 
period  of investigation such sale are made in substantial quantities and at prices which do not 
provide for the recovery of all costs within this period.  
57. In case where the price of the like product, which is below per unit costs of production plus 
administrative , selling and general costs at the time of sale, is above the weighted average per 
unit costs of production plus administrative, selling and general costs for the period of 
investigation, such price shall be considered to provide for recovery of all costs within the period of 
investigation.  
58. Sale of the like product at prices below per unit costs of production plus administrative, 
selling and general costs is considered to be made in substantial quantities in case where the 
weighted average price of the tran sactions under consideration for the determination of the normal 
value is below the weighted average per unit costs of production of the like product plus 
administrative, selling and general costs, or the volume of sales at prices below such per unit costs  
represents not less than 20 percent of the volume sold in transactions under consideration for the 
determination of the normal value.  
59. Per unit costs of production of the like product plus administrative, selling and general costs 
shall be calculated on th e basis of records submitted by the exporter or producer of the product, 
provided that such records are in accordance with the generally accepted accounting principles and 
rules of the exporting third country and completely reflect the costs associated wit h the production 
and sale of the product.  
60. The investigating authority shall consider all available evidence on the proper allocation of 
costs of production, administrative, selling and general costs, including data submitted by the 
exporter or producer of the product subject to investigation, provided that such allocation of costs 
has been normally utilized by the exporter or producer, in particular in relation to establishing 
appropriate amortization and depreciation periods and allowances for capital expe nditures and 
other development costs.  
61. Costs of production, administrative, selling and general costs shall be adjusted for 
non-recurring items of cost which benefit production, or for circumstances in which costs during 
the period of investigation are affe cted by start -up operations. Such adjustments shall reflect the 
costs at the end of the start -up period or, in case where the start -up period exceeds the period of 
investigation, at the most recent stage of the start -up period which is covered by the inves tigation 
period.  
62. The amounts for administrative, selling and general costs and for profits, which are relevant 
to the industry, shall be determined on the basis of actual data pertaining to production and sales 
in the ordinary course of trade of the like p roduct, which is provided by the exporter or producer of 
the product subject to investigation. When such amounts cannot be determined on this basis, the 
amounts may be determined on the basis of:  
1) the actual amounts incurred and realized by the exporter or producer of the product 
subject to investigation  in respect of production and sales in the domestic market of the exporting 
third country of the same category of products;  
2) the weighted average of the actual amounts incurred and realized by other expo rters or 
producers in respect of production and sales of the like product in the domestic market of the 
exporting  third country;  
3) any other reasonable method, provided that the amount for profit so established shall not 
exceed the profit normally realize d by other exporters or producers on sales of products of the 
same category  in the domestic market of the exporting third country.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 16 - 
 
  63. In case of dumped imports from an exporting third country in which the prices in the 
domestic market are directly regulated b y the State or in which the State has a monopoly of its 
foreign trade, the normal value of the product may be determined on the basis of the price or 
constructed value of the like product in an appropriate third country which is comparable for the 
purposes  of the investigation with the exporting third country, or on the basis of the price of the 
like product when exported from such a third country.  
In case where the determination of normal value in accordance with this paragraph is not 
possible, the normal value of the product may be determined on the basis of the price paid or 
payable for the like product on the customs territory of the Union, adjusted for profits.  
4. Determination of Export Price  
64. The export price of a product shall be determined on the bas is of information on sales of the 
product during the period of investigation.  
65. In case where there is no information on the export price of the dumped product or where 
the investigating authority has reasonable doubts concerning the reliability of the infor mation on 
the export price of this product because the exporter and the importer are related parties, 
including the relationship between each of them and the third party, or when there is a restrictive 
business practice in the form of a compensatory arrang ement in relation to the export price for 
such a product, the export price may be constructed on the basis of the price at which the 
imported product is first resold to an independent buyer, or if the product is not resold to an 
independent buyer, or not r esold in the condition as imported into the customs territory of the 
Union, on such basis as the investigating authority may determine. For the purposes of 
comparison of the export price of the product with its normal value, allowances should be made for 
costs, including customs duties and taxes, incurred between importation and resale, and for 
profits.  
5. Determination of Injury to Domestic Industry  of 
Member States Caused by Dumped Imports  
66. For the purposes of this section, injury to a domestic industry of  the Member States shall 
mean material injury to a domestic industry of the Member States, threat of material injury or 
material retardation of the establishment of a domestic industry in the Member States.  
67. Injury to the domestic industry of the Member Sta tes caused by the dumped imports shall 
be determined on the basis of the results of an examination of the volume of the dumped imports, 
the effect of such imports on prices in the domestic market of the Member States for the like 
product and the impact of such imports on domestic producers of the like product in the Member 
States.  
68. The period of investigation, for which the evidence is examined for the purposes of 
determination of injury to the domestic industry of the Member States caused by dumped imports,  
shall be established by the investigating authority.  
69. With regard to the examination of the volume of the dumped imports, the investigating 
authority shall consider whether there has been a significant increase in dumped imports of the 
product subject to i nvestigation, either in absolute terms or relative to production or consumption 
of the like product in the Member States.  
70. With regard to the examination of the effect of the dumped imports on prices for the like 
product in the domestic market of the Member  States, the investigating authority shall consider 
whether:  
1) there has been a significant price undercutting by the dumped imports as compared with 
the price of the like product in the domestic market of the Member States;  
2) the dumped imports  have dep ressed prices of the like product in the market of the 
Member States to a significant degree;  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 17 - 
 
  3) the dumped imports have prevented price increases for the like product in the market of 
the Member States, which would have occurred in the absence of such imp orts, to a significant 
degree.  
71. In cases where imports of a product from more than one exporting third country into the 
customs territory of the Union are simultaneously subject to anti -dumping investigations, the 
investigating authority may cumulatively as sess the effects of such imports only if it determines 
the following:  
1) the margin of dumping established in relation to the imports from each exporting third 
country is more than de minimis , and the volume of imports from each exporting third country is 
not negligible  as defined in paragraph 223 of this Protocol;  
2) a cumulative assessment of the effects of the imports is appropriate in light of the 
conditions of competition between the imported products and the conditions of competition 
between the impor ted products and the like domestic product produced in the Member States.  
72. The examination of the impact of the dumped imports on the domestic industry of the 
Member States shall include an evaluation of all relevant economic factors having a bearing on the  
state of the domestic industry of the Member States, including:  
- the degree of recovery in the economic position of the domestic industry of the 
Member States after the impact of the prior dumped or subsidized imports;  
- actual or potential decline in ou tput, sales, market share in the market of the Member 
States, profits, productivity, return on investments, or utilization of capacity;  
- factors affecting prices of the product in the market of the Member States;  
- the magnitude of the margin of dumping;  
- actual or potential negative effect on growth rate of production, inventories, 
employment, wages, ability to raise investments and the financial state.  
One or several factors cannot give decisive guidance for the purposes of determination of 
injury to th e domestic industry of the Member States.  
73. The demonstration of a causal relationship between the dumped imports and the injury to 
the domestic industry of the Member States shall be based on examination of all relevant evidence 
and information before the i nvestigating authority.  
74. Along with dumped imports, the investigating authority shall also examine any other known 
factors which at the same time are causing injury to the domestic industry of the Member States.  
Factors which may be considered as relevant i n this respect include, inter alia , the volume 
and prices of imports not sold at dumping prices, contraction in demand or changes in the patterns 
of consumption, trade restrictive practices, developments in technology, as well as the export 
performance and  productivity of the domestic industry of the Member States.  
The injury caused by these other factors to the domestic industry of the Member States 
must not be attributed to the injury to the domestic industry of the Member States caused by the 
dumped impo rts into the customs territory of the Union.  
75. The effect of the dumped imports on the domestic industry of the Member States shall be 
assessed in relation to the domestic production of the like product in the Member States when 
available data permit the se parate identification of the production of the like product on the basis 
of such criteria as the production process, producers ' sales of the like product and profits.  
In cases where such available data does not permit the separate identification of the 
production of the like product, the effects of the dumped imports on the domestic industry of the G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 18 - 
 
  Member States shall be assessed in relation to the production of the narrowest group or range of 
products, which includes the like product, for which the necessa ry data is available.  
76. In making a determination of a threat of material injury to a domestic industry of the 
Member States caused by dumped imports, the investigating authority should consider all the 
available factors, including the following:  
1) a rate of increase  of dumped imports indicating the likelihood of further increased 
importation;  
2) sufficient freely disposable, or an imminent increase in, capacity of the exporter of the 
dumped product which indicates the likelihood of increased dumped imports  of this product, taking 
into account the availability of other export markets to absorb any additional exports of this 
product;  
3) the level of prices for the product subject to investigation, if such level of prices may have 
a depressing or supressing ef fect on domestic prices for the like product in the Member States, 
and would likely further increase demand for the product subject to investigation;  
4) the exporter 's inventories of the product subject to investigation.  
77. The determination of a threat of ma terial injury to a domestic industry of the Member States 
shall be made in cases where during the course of the investigation, pursuant to an examination of 
the factors set out in paragraph 76 of this Protocol, the investigating authority concluded that 
further dumped imports are imminent and that, unless an anti -dumping measure is taken, material 
injury to the domestic industry of the Member States caused by such imports would occur.  
6. Imposition of Provisional Anti -Dumping Duty  
78. In case where the evidence  received by the investigating authority before the conclusion of 
the investigation indicates that there are dumped imports and injury caused by dumped imports to 
a domestic industry of the Member States, the Commission, on the basis of the report specifie d in 
paragraph 7 of this Protocol, shall take a decision to apply an anti -dumping measure by way of 
imposing a provisional anti -dumping duty to prevent injury from being caused to the domestic 
industry of the Member States by the dumped imports during the investigation.  
79. A provisional anti -dumping duty shall not be imposed sooner than 60 calendar days from the 
date of the initiation of an investigation.  
80. The amount of a provisional anti -dumping duty shall be sufficient to remove injury to the 
domestic industr y of the Member States, being not greater than the provisionally estimated margin 
of dumping.  
81. In cases where the amount of a provisional anti -dumping duty is equal to the amount of the 
provisionally estimated margin of dumping, the period of application of  the provisional 
anti-dumping duty shall not exceed 4 months, except for the case where this period is extended to 
6 months upon the request of exporters representing a major percentage of the dumped imports 
subject to investigation.  
82. In case where the amou nt of a provisional anti -dumping duty is less than the provisionally 
estimated margin of dumping, the period of application of the provisional anti -dumping duty shall 
not exceed 6 months, but for the case when this period is extended to 9 months upon the r equest 
of the exporters representing a major percentage of the dumped imports of the product subject to 
investigation.  
83. In case where the investigating authority determines, pursuant to an investigation, that 
there are no grounds for imposition of an anti -dumping measure, or a decision not to apply an 
anti-dumping measure is taken in accordance with paragraph 272 of this Protocol, the amounts of 
the provisional anti -dumping duty shall be refunded to the payer in accordance with the procedure 
specified in the  Annex to this Protocol.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 19 - 
 
  The investigating authority shall provide timely information to the customs authorities of the 
Member States on the absence of grounds for the imposition of an anti -dumping measure, or on 
the decision not to apply an anti -dumping m easure taken by the Commission . 
84. In case where, pursuant to an investigation, the decision to apply an anti -dumping measure 
is taken on the basis of a threat of material injury to a domestic industry of the Member States or 
material retardation of the estab lishment of a domestic industry of the Member States, the 
amounts of the provisional anti -dumping duty shall be refunded to the payer in accordance with 
the procedure specified in the Annex to this Protocol.  
85. In case where, pursuant to an investigation, the  decision to apply an anti -dumping measure 
is taken on the basis of material injury to a domestic industry of the Member States or a threat 
thereof (provided that the non -imposition of a provisional anti -dumping duty would have led to a 
determination of ma terial injury to the domestic industry of the Member States), from the date of 
entry into force of the decision to apply the anti -dumping measure, the amounts of the provisional 
anti-dumping duty shall be transferred and distributed in accordance with the procedure specified 
in the Annex to this Protocol, taking into account the provisions of paragraphs 86 and 87 of this 
Protocol.  
86. In case where, pursuant to an investigation, it is considered appropriate to impose an 
anti-dumping duty at a rate less than the  provisional anti -dumping duty, the amounts of the 
provisional anti -dumping duty equal to the amount of the anti -dumping duty calculated on the 
basis of the established anti -dumping duty rate shall be transferred and distributed in accordance 
with the proc edure specified in the Annex to this Protocol.  
The amounts of the provisional anti -dumping duty which exceed the amount of the 
anti-dumping duty calculated on the basis of the established anti -dumping duty rate shall be 
refunded to the payer in accordance with the procedure specified in the Annex to this Protocol.  
87. In case where, pursuant to an investigation, it is considered reasonable to impose an 
anti-dumping duty at a rate higher than the provisional anti -dumping duty, the difference between 
the anti -dumping duty and the provisional anti -dumping duty shall not be collected.  
88. A provisional anti -dumping duty shall be applied subject to the simultaneous continuation of 
the investigation.  
89. The decision to impose of a provisional anti -dumping duty, as a rule, sh all be taken not later 
than 7 months from the date of initiation of the investigation.  
7. Acceptance of Price Undertakings from Exporter  
of Product Subject to Investigation  
90. The investigating authority may suspend or terminate the investigation without impo sition of 
a provisional anti -dumping duty or an anti -dumping duty upon receipt of price undertakings from 
an exporter of the product subject to investigation to revise its prices for this product or to cease 
exports to the customs territory of the Union at  prices less than its normal value (if there are 
parties related to the exporter in the Member States, applications indicating their support of the 
undertakings shall also be required from these parties), if the investigating authority concludes 
that these  undertakings will remove the injury caused by dumped imports, and the Commission 
takes a decision to accept them.  
The level of prices for the product subject to such undertakings shall not be higher than 
necessary to offset the margin of dumping.  
The pric e increase may be less than the margin of dumping, if such price increase is 
adequate to remove the injury to the domestic industry of the Member States.  
91. The decision to accept price undertakings shall not be taken by the Commission until the 
investigating  authority has made a preliminary affirmative determination of dumped imports and 
injury caused by such imports to a domestic industry of the Member States.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 20 - 
 
  92. The decision to accept price undertakings shall not be taken by the Commission if the 
investigating  authority concludes that their acceptance is impractical because the number of actual 
or potential exporters of the product subject to investigation is too great, or for other reasons.  
Where practicable, the investigating authority shall provide to the ex porters the reasons why 
the acceptance of their undertakings was considered as impractical, and shall give the exporters 
an opportunity to make comments thereon.  
93. The investigating authority shall send to each exporter from whom price undertakings have 
been accepted a request for a non -confidential version thereof so that it may be made available to 
interested parties.  
94. Price undertakings may be suggested to the exporter by the investigating authority, but no 
exporter shall be forced to enter into such undert akings.  
95. In cases where the Commission takes a decision to accept price undertakings, the 
anti-dumping investigation may be continued upon request of the exporter of the product or if the 
investigating authority so decides.  
In cases where, pursuant to an i nvestigation, the investigating authority makes a negative 
determination of dumped imports or injury caused by such imports to a domestic industry of the 
Member States, the price undertakings from the exporter shall automatically lapse, except in cases 
where such a determination is due in large part to the existence of such undertakings. In cases 
where such a determination is due in large part to the existence of price undertakings, the 
Commission may take a decision that such undertakings shall be in force  for a necessary period of 
time. 
96. In cases where, pursuant to an investigation, the investigating authority makes an 
affirmative determination of dumped imports and injury caused by such imports to a domestic 
industry of the Member States, the price underta kings from the exporter shall remain in force, 
consistent with their terms and the provisions of this Protocol.  
97. The investigating authority may require the exporter from whom price undertakings have 
been accepted by the Commission to provide information re levant to the fulfilment of the price 
undertakings and to permit verification of this information.  
Failure to provide requested information within the time period established by the 
investigating authority and to permit verification of this information sha ll be regarded as violation 
of the price undertakings by the exporter.  
98. In case of violation or withdrawal of price undertakings by the exporter, the Commission 
may take a decision to apply an anti -dumping measure by way of imposing a provisional 
anti-dumpi ng duty (if the investigation has not been concluded yet), or an anti -dumping duty 
(if the final results of the investigation indicate that there are grounds for such imposition).  
In case of violation of price undertakings by an exporter from which such un dertakings were 
accepted, the exporter shall be given an opportunity to make comments on such violation.  
99. The decision to accept price undertakings taken by the Commission shall set out a 
provisional anti -dumping duty rate or an anti -dumping duty rate which  may be imposed in 
accordance with paragraph 98 of this Protocol.  
8. Imposition and Application of Anti -Dumping Duty  
100.  An anti -dumping duty shall be applied to a product from all exporters found to be dumped 
and causing injury to a domestic industry of the M ember States (except for a product from those 
exporters from which price undertakings have been accepted by the Commission in accordance 
with paragraphs 90 -99 of this Protocol).  
101.  The amount of an anti -dumping duty shall be adequate to remove the injury to t he domestic 
industry of the Member States but shall not exceed the margin of dumping.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 21 - 
 
  The Commission may take a decision to impose an anti -dumping duty which is less than the 
margin of dumping if such duty is adequate to remove the injury to the domestic i ndustry of the 
Member States.  
102.  The Commission shall establish an individual anti -dumping duty rate in respect of the 
product from each exporter or producer of the imported dumped product for whom the individual 
margin of dumping has been determined.  
103.  Along w ith an individual margin of dumping indicated in paragraph 102 of this Protocol, the 
Commission shall determine a single anti -dumping duty rate on the product from all other 
exporters or producers of the product from the exporting third country for whom th e individual 
margin of dumping has not been determined, on the basis of the highest margin of dumping 
established during the course of the investigation.  
104.  An anti -dumping duty may be applied to products which were placed, not more than 90 days 
prior to the date of imposition of a provisional anti -dumping duty, under a customs procedure that 
is conditional on the payment of anti -dumping duties if the investigating authority, pursuant to an 
investigation, has simultaneously determined for this product the foll owing:  
1) there is a history of dumped imports which caused injury or that the importer was, or 
should have been, aware that the exporter supplies a product at a price less than its normal value 
and that such imports would cause injury to a domestic indust ry of the Member States;  
2) the injury to a domestic industry of the Member States is caused by massive dumped 
imports in a relatively short time which, in light of the timing and the volume and other 
circumstances (including a rapid build -up of inventorie s of the imported product), is likely to 
seriously undermine the remedial effect of the anti -dumping duty to be imposed, provided that the 
importers of this product have been given an opportunity to comment before the conclusion of the 
investigation.  
105.  After the date of the initiation of the investigation, the investigating authority shall publish a 
notice on possible application in accordance with paragraph 104 of this Protocol of an anti -dumping 
duty to the product subject to investigation in the official s ources specified in the Treaty.  
The decision to publish such a notice shall be taken by the investigating authority upon 
request of a domestic industry of the Member States which contains sufficient evidence that the 
conditions specified in paragraph 104 of this Protocol are fulfilled, or at the initiative of the 
investigating authority in cases where such evidence is available to the investigating authority.  
Anti-dumping duty shall not be applied to products which were placed under a customs 
procedure tha t is conditional on the payment of anti -dumping duties before the official publication 
of a notice specified in this paragraph.  
106.  The national legislations of the Member States may establish additional means of notification 
to interested parties of possible application of an anti -dumping duty in accordance with paragraph 
104 of this Protocol.  
9. Duration and Review of Anti -Dumping Measure  
107.  An anti -dumping measure shall be applied pursuant to a decision of the Commission to the 
extent and as long as necessary t o remove injury to a domestic industry of the Member States 
caused by dumped imports.  
108.  The duration of an anti -dumping measure shall not exceed 5 years from the date of the 
application of such measure or from the date of the conclusion of a review that was carried out on 
the basis of a change in circumstances and concerned both the examination of dumped imports 
and the injury to a domestic industry of the Member States caused by the dumped imports, or 
from the date of the conclusion of an expiry review.  
109.  An expiry review shall be initiated upon a written application filed in accordance with 
paragraphs 186 -198 of this Protocol, or at the initiative of the investigating authority.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 22 - 
 
  An expiry review shall be initiated when the application contains evidence that t he dumped 
imports and the injury to the domestic industry of the Member States would be likely to recur or 
continue if the anti -dumping measure were removed.  
The application for an expiry review shall be filed not later than 6 months prior the expiry of 
the anti -dumping  measure.  
A review shall be initiated prior to the expiry of an anti -dumping measure and concluded 
within 12 months  from the date of the initiation of the review.  
Prior to the conclusion of a review carried out in accordance with this paragra ph, the period 
of application of the anti -dumping measure shall be extended pursuant to a decision of the 
Commission. During the period for which the application of the respective anti -dumping measure is 
extended, in accordance with the procedure establish ed for the collection of provisional 
anti-dumping duties , anti -dumping duties shall be levied at the rate established for the 
anti-dumping measure, the duration of which is subject to extension.  
In cases where, pursuant to an expiry review, the investigati ng authority establishes that 
there are no grounds for the application of an anti -dumping measure, or the decision not to apply 
an anti -dumping measure is taken in accordance with paragraph 272 of this Protocol, the amounts 
of the anti -dumping  duty levied in accordance with the procedure established for the collection of 
provisional anti -dumping duties, during the period for which the application of the anti -dumping 
measure is extended, shall be refunded to the payer in accordance with the procedure specifi ed in 
the Annex to this Protocol.  
The investigating authority shall provide timely information to the customs authorities of the 
Member States on the absence of grounds for the application of an anti -dumping measure, or on 
the decision not to apply an anti -dumping measure taken by the Commission.  
Duration of an anti -dumping measure is to be extended by the Commission in cases where, 
pursuant to an expiry review, the investigating authority establishes the likelihood of recurrence or 
continuation of dumped  imports and injury to the domestic industry of the Member States. From 
the date of entry into force of the decision of the Commission to extend the period of application of 
an anti -dumping measure, the amounts of anti -dumping duties levied in accordance wi th the 
procedure established for the collection of provisional anti -dumping duties, during the period for 
which the application of the anti -dumping measure was extended, shall be transferred and 
distributed in accordance with the procedure specified in the  Annex to this Protocol.  
110.  For the purposes of determination whether the continued application of an anti -dumping 
measure is appropriate and/or for the purposes of reviewing the measure due to the changed 
circumstances (including a review of an individual an ti-dumping duty rate) a review may be 
initiated upon an application by an interested party or at the initiative of the investigating 
authority, provided that at least 1 year has elapsed since the imposition of an anti -dumping 
measure.  
Depending on the pur poses of filing an application for a review such an application shall 
include evidence that due to changed circumstances:  
- continued application of the anti -dumping measure is no longer necessary to offset 
dumping and remove injury to the domestic industr y of the Member States caused by 
the dumped imports;  
- existing amount of an anti -dumping measure exceeds the amount sufficient to offset 
dumping and remove injury to the domestic industry of the Member States caused by 
the dumped imports;  
- existing anti -dumping measure is insufficient to offset dumping and remove injury to 
the domestic industry of the Member States caused by the dumped imports.  
A review carried out in accordance with this paragraph shall be concluded within 12 months 
from the date of the initiation of the review.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 23 - 
 
  111.  A review may also be carried out for the purposes of determining an individual margin of 
dumping for an exporter or producer who did not export the product subject to investigation 
during the original period of investigation. Suc h a review may be initiated by the investigating 
authority in cases where such exporter or producer files an application which includes evidence 
that the exporter or producer of the product is not related to the exporters or producers subject to 
the anti -dumping measure, and that this exporter or producer exports the product subject to 
investigation to the customs territory of the Union or is bound by contractual obligations to export 
substantial volumes of this product to the customs territory of the Union  of such kind that their 
termination or withdrawal will lead to significant losses or substantial penalties for this exporter or 
producer of the product.  
While a review is being carried out for the purposes of determining an individual margin of 
dumping fo r an exporter or producer of the product subject to investigation to the customs 
territory of the Union, this exporter or producer shall not pay the anti -dumping duty until, 
pursuant to the review, a decision is taken. A security for the anti -dumping duty shall be provided 
for imports of such product into the customs territory of the Union during the review in accordance 
with the procedures specified in the Customs Code of the Eurasian Economic Union, taking into 
account the particularities set out in this paragraph.  
The investigating authority shall provide timely information to the customs authorities of the 
Member States about the date of the initiation of a review.  
The security shall take the form of monetary funds (money) in the amount of the 
anti-dump ing duty calculated on the basis of a single anti -dumping duty rate established in 
accordance with paragraph 103 of this Protocol.  
In cases where, pursuant to a review, a decision to apply an anti -dumping measure is taken, 
an anti -dumping duty shall be pai d for the period within which such review was carried out. The 
amount of the security, from the date on which, pursuant to the review, the decision to apply an 
anti-dumping measure enters into force, shall form part of the payment of the anti -dumping duty 
in the amount determined on the basis of the established anti -dumping duty rate, and shall be 
transferred and distributed in accordance with the procedure specified in the Annex to this 
Protocol, taking into account the provisions of this paragraph.  
In cas es where, pursuant to a review, it is considered appropriate to impose an anti -
dumping duty at a rate higher than the amount estimated for the purposes of the security, the 
difference shall not be collected.  
The amount of a security that is higher than the  amount of the anti -dumping duty calculated 
on the basis of the established anti -dumping duty rate shall be refunded to the payer in 
accordance with the procedure specified in the Customs Code of the Eurasian Economic Union.  
A review under this paragraph s hall be carried out expeditiously within a period of 
12 months.  
112.  The provisions of section VI of this Protocol concerning evidence and the conduct of an 
anti-dumping investigation shall apply mutatis mutandis  to reviews specified in 
paragraphs  107-113 of th is Protocol.  
113.  The provisions of paragraphs 107 -112 of this Protocol shall apply mutatis mutandis  to price 
undertakings from an exporter in accordance with paragraphs 90 -99 of this Protocol . 
10. Circumvention of an Anti -Dumping Measure  
114.  For the purposes of th is section, circumvention of an anti -dumping measure shall be 
understood as a change in the mode of supply in order to evade the payment of an anti -dumping 
duty or the fulfilment of price undertakings accepted from the exporter.  
115.  An anti -circumvention revie w may be initiated upon an application by an interested party or 
at the initiative of the investigating authority.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 24 - 
 
  116.  The application indicated in paragraph 115 of this Protocol shall include the evidence of:  
1) circumvention of an anti -dumping measure;  
2) th e undermining of the remedial effect of the anti -dumping measure, as a result of 
circumvention, and its impact on the volume of production and/or sales, and/or on prices for the 
like product in the domestic market of the Member States;  
3) the existence of dumped imports of the product (parts and/or modifications of such 
product). The normal value of the product, parts or modifications thereof shall be their normal 
value determined during the course of the investigation pursuant to which the Commission 
impos ed the original anti -dumping measure, appropriately adjusted for the purposes of 
comparison.  
117.  An anti -circumvention review shall be concluded within 9 months from the date of the 
initiation of the review.  
118.  For the period of the review carried out in accordan ce with paragraphs 115 -120 of this 
Protocol, the Commission may impose an anti -dumping duty, which shall be levied in accordance 
with the procedure established for the collection of provisional anti -dumping duties, on parts 
and/or modifications of the dump ed product imported into the customs territory of the Union from 
the exporting third country, and on the dumped product, and/or parts and/or modifications thereof 
imported into the customs territory of the Union from any other exporting third country.  
119.   In cases where, pursuant to a review carried out in accordance with paragraphs 115 -120 of 
this Protocol, the investigating authority has not determined circumvention of an anti -dumping 
measure, the amounts of the anti -dumping duty paid pursuant to paragraph 1 18 of this Protocol 
and in accordance with the procedure established for the collection of provisional anti -dumping 
duties, shall be refunded to the payer in accordance with the procedure specified in the Annex to 
this Protocol.  
The investigating authority  shall provide timely information to the customs authorities of the 
Member States if circumvention is not found . 
120.  In cases where, pursuant to a review carried out in accordance with paragraphs 115 -120 of 
this Protocol, circumvention of an anti -dumping measu re has been determined, the Commission 
may extend the anti -dumping measure to parts and/or modifications of the dumped product 
imported into the customs territory of the Union from the exporting third country, and to the 
dumped product, and/or parts and/or  modifications thereof, imported into the customs territory of 
the Union from any other exporting third country. From the date of entry into force of the decision 
of the Commission to impose an anti -dumping measure indicated in this paragraph, the amounts 
of anti -dumping duties paid in accordance with the procedure established for the collection of 
provisional anti -dumping duties, shall be transferred and distributed in accordance with the 
procedure specified in the Annex to this Protocol.  
V. Countervailing  Measures  
121.  For the purposes of this Protocol, a subsidy shall mean:  
1) a financial contribution by a granting authority conferring a benefit on the recipient of a 
subsidy, rendered within the territory of an exporting third country, including in the form of : 
- a direct transfer of funds (including grants, loans, and equity infusion) or potential 
direct transfers of funds or liabilities (including loan guarantees);  
- government revenue of a third exporting country that is otherwise due is foregone or 
not coll ected (including the provision of tax credits), excluding the cases of exemption 
of an exported product from taxes or duties levied on the like product when destined 
for domestic consumption, or excluding the cases of reduction or refund of such taxes 
or duties in amounts not in excess of those which were actually paid;  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 25 - 
 
  - provision of concessionary or free goods or services, excluding goods and services 
intended to maintain and develop general infrastructure, i.e. the infrastructure that is 
not related to a  specific producer and/or exporter;  
- preferential purchase of goods.  
2) any form of income or price support conferring a benefit on the recipient of a subsidy 
which operates directly or indirectly to increase exports of a product from an exporting third 
country or to reduce imports of the like product into this third country.  
1. Principles of Determining Specificity of Subsidy of Exporting Third Country  
122.  A subsidy of an exporting third country shall be specific if access to a subsidy is limited to 
certain e nterprises by the granting authority or by the legislation of an exporting third country.  
123.  For the purposes of this section, certain enterprises shall mean a producer and/or an 
exporter, or an industry of an exporting third country, or a group (union, assoc iation) of producers 
and/or exporters or industries of an exporting third country.  
124.  A subsidy which is limited to certain enterprises located within a designated geographical 
region within the jurisdiction of the granting authority shall be specific.  
125.  A subs idy shall not be specific if the legislation of an exporting third country or the granting 
authority establishes general objective criteria or conditions which govern the eligibility for, and 
the amount of, a subsidy (including number of employees engaged in the production process or 
the volume of output) and are strictly adhered to.  
126.  In any case, a subsidy of an exporting third country shall be specific if the granting of such a 
subsidy is accompanied by:  
1) the use of a subsidy by a limited number of certa in enterprises;  
2) the predominant use of a subsidy by certain enterprises;  
3) the granting of disproportionately large amounts of subsidy to certain enterprises;  
4) the preferential manner in which discretion is exercised by the granting authority in the 
decision to grant a subsidy to certain enterprises.  
127.  Any subsidy of an exporting third country shall be a specific subsidy if:  
1) a subsidy is contingent, in the law of an exporting third country or in fact, whether solely 
or as one of several other conditi ons, upon export performance. A subsidy shall be deemed to be 
contingent in fact upon export performance if the granting of a subsidy, without having been made 
contingent upon export performance in the law of an exporting third country, is in fact tied to 
actual or potential exportation of a product or export earnings. The mere fact that a subsidy is 
granted to enterprises which export shall not for that reason alone mean a subsidy contingent 
upon export performance within the meaning of this paragraph;  
2) a subsidy is contingent, in the law of an exporting third country or in fact, whether solely 
or as one of several other conditions, upon the use of domestic over imported goods.  
128.  A determination of specificity of a subsidy of an exporting third country made  by the 
investigating authority shall be based o n evidence.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 26 - 
 
  2. Principles  of Calculation of Amount of Specific Subsidy  
129.  The amount of a specific subsidy shall be calculated on the basis of the benefit to the 
recipient of such subsidy.  
130.  The amount of the bene fit to the recipient of a specific subsidy shall be calculated based on 
the following principles:  
1) equity capital by the granting authority shall not be considered as conferring a benefit, 
unless such equity capital can be regarded as inconsistent with t he usual investment practice 
(including for the provision of risk capital) in the territory of the exporting third country;  
2) a loan by a granting authority shall not be considered as conferring a benefit if there is no 
difference between the amount that the firm receiving the loan pays on the government loan and 
the amount the firm would pay on a comparable commercial loan which the firm could actually 
obtain on the loan market of the exporting third country. Otherwise, the benefit shall be the 
difference  between these two amounts;  
3) a loan guarantee by a granting authority shall not be considered as conferring a benefit if 
there is no difference between the amount that the firm receiving the guarantee pays on a loan 
guaranteed  by the granting authority a nd the amount that the firm would pay on a comparable 
commercial loan absent the government guarantee. Otherwise, the benefit shall be the difference 
between these two amounts adjusted for any differences in fees;  
4) the provision of goods or services or p urchase of goods by a granting authority shall not 
be considered as conferring a benefit, unless the provision of goods or services is made for less 
than adequate  remuneration, or the purchases is made for more than adequate remuneration. The 
adequacy of r emuneration shall be determined in relation to existing market conditions for 
purchase and sale of these goods and services in the exporting third country, including price, 
quality, availability, marketability, transportation and other conditions of purcha se or sale of the 
good.  
3. Determination  of Injury to Domestic In dustry of  
Member States by Subsidized Imports  
131.  For the purposes of this section, the term "injury to a domestic industry of the Member 
States " shall mean material injury to a domestic industry  of the Member States, threat of material 
injury or material retardation of the establishment of a domestic industry in the Member States.  
132.  Injury to a domestic industry of the Member States caused by subsidized imports shall be 
determined on the basis of an examination of the volume of the subsidized imports, the effect of 
such imports on prices in the domestic market of the Member States for the like product and the 
impact of such imports on domestic producers of the like product in the Member States.  
133.  The period of investigation, for which the evidence is examined for the purposes of 
determination of injury to the domestic industry of the Member States caused by subsidized 
imports, shall be established by the investigating authority.  
134.  With regard to the exa mination of the volume of the subsidized imports, the investigating 
authority shall consider whether there has been a significant increase in subsidized imports of the 
product subject to investigation, either in absolute terms or relative to production or consumption 
of the like product in the Member States.  
135.  In cases where subsidized imports of a product from more than one exporting third country 
into the customs territory of the Union are simultaneously subject to investigations, the 
investigating authorit y may cumulatively assess the effects of such imports only if it determines 
the following:  
1) the amount of subsidization established in relation to the imports from each exporting 
third country for that product is more than 1 percent of its value, and the  volume of imports from 
each exporting third country is not negligible in accordance with paragraph 228 of this Protocol;  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 27 - 
 
  2) a cumulative assessment of the effects of the subsidized imports is appropriate in light of 
the conditions of competition between t he imported products and the conditions of competition 
between the imported products and the like domestic product produced in the Member States.  
136.  With regard to the examination of the effect of the subsidized imports on prices for the like 
product in the d omestic market of the Member States, the investigating authority shall consider 
whether:  
1) there has been a significant price undercutting by the subsidized imports as compared 
with the price of the like product in the domestic market of the Member States ; 
2) the subsidized imports have depressed prices of the like product in the domestic market 
of the Member States to a significant degree;  
3) the subsidized imports have prevented price increases of the like product in the domestic 
market of the Member Sta tes, which would have occurred in the absence of such imports, to a 
significant degree.  
137.  The examination of the impact of the subsidized imports on the domestic industry of the 
Member States shall include an evaluation of all relevant economic factors havin g a bearing on the 
state of the industry of the Member States, including:  
1) actual or potential decline in output, sales, market share, profits, productivity, return on 
investments, or utilization of capacity;  
2) factors, affecting domestic prices;  
3) act ual or potential negative effects on cash flow, inventories, employment, wages, 
growth, ability to raise investments.  
138.  The effect of the subsidized imports on the domestic industry of the Member States shall be 
assessed in relation to the domestic productio n of the like product in the Member States when 
available data permit the separate identification of the production of the like product on the basis 
of such criteria as the production process, producers ' sales of the like product and profits.  
If such avail able data does not permit the separate identification of the production of the like 
product, the effects of the subsidized imports on the domestic industry of the Member States shall 
be assessed in relation to the production of the narrowest group or range  of products, which 
includes the like product, for which the necessary information is available.  
139.  In making a determination of a threat of material injury to a domestic industry of the 
Member States caused by subsidized imports, the investigating authority should consider any 
available factors, including the following:  
1) nature, the amount of the subsidy or subsidies and the trade effects likely to arise 
therefrom;  
2) the rate of increase of subsidized imports into the domestic market indicating the 
likelih ood of substantially increased importation;  
3) sufficient freely disposable, or an imminent increase in, capacity of the exporter indicating 
the likelihood of increased subsidized imports, taking into account the availability of other export 
markets to abs orb any additional exports;  
4) prices for the product subject of subsidized imports, whether such prices will have 
depressing or suppressing effect on the prices of the like product at the domestic market of the 
Member States, and would likely increase dem and for further subsidized imports;  
5) the exporter 's inventories of the imported subsidized product.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 28 - 
 
  140.  The determination of a threat of material injury to a domestic industry of the Member States 
shall be made in cases where during the course of the investi gation, pursuant to an examination of 
the factors set out in paragraph 139 of this Protocol, the investigating authority concluded that 
further subsidized imports are imminent and that, unless countervailing measures are taken, 
material injury to the domes tic industry of the Member States caused by such imports would 
occur.  
141.  The demonstration of a causal relationship between the subsidized imports and the injury to 
the domestic industry of the Member States shall be based on an examination of all relevant 
evidence and information before the investigating authority.  
142.  The investigating authority shall also examine any known factors other than the subsidized 
imports which at the same time are injuring the domestic industry.  
The injury caused by these other factor s to the domestic industry of the Member States 
must not be attributed to the injury to the domestic industry of the Member States caused by the 
subsidized imports into the customs territory of the Union.  
4. Imposition of Provisional Countervailing Duty  
143.  In cases where the evidence received by the investigating authority before the conclusion of 
the investigation indicates that there are subsidized imports and that there is injury to a domestic 
industry of the Member States caused by such imports, the Commis sion, on the basis of the report 
specified in paragraph 7 of this Protocol, shall take a decision to apply a countervailing measure by 
way of imposing a provisional countervailing duty for a period not exceeding 4 months to prevent 
injury from being caused  to the domestic industry of the Member States by the subsidized imports 
during the investigation.  
144.  A provisional countervailing duty shall not be imposed sooner than 60 calendar days from 
the date of the initiation of the investigation.  
145.  The amount of a pr ovisional countervailing duty shall be equal to the provisionally calculated 
amount of subsidization per unit of the subsidized and exported product.  
146.  In cases where the investigating authority determines that there are no grounds for the 
imposition of a c ountervailing measure, or a decision not to apply a countervailing measure is 
taken in accordance with paragraph 272 of this Protocol, the amounts of the provisional 
countervailing duty shall be refunded to the payer in accordance with the procedure specif ied in 
the Annex to this Protoco l. 
The investigating authority shall provide timely information to the customs authorities of the 
Member States on the absence of grounds for the imposition of a countervailing measure or on the 
decision not to apply a count ervailing measure taken by the Commission.  
147.  In cases where, pursuant to an investigation, the decision to apply a countervailing measure 
is taken on the basis of a threat of injury or material retardation of the establishment  of a 
domestic industry of the M ember States, the amounts of the provisional countervailing duty shall 
be refunded to the payer in accordance with the Annex to this Protocol.  
148.  In cases where, pursuant to an investigation, the decision to apply a countervailing measure 
is taken on the basi s of material injury to a domestic industry of the Member States or a threat 
thereof (provided that the non -imposition of a provisional countervailing duty would have led to a 
determination of material injury to the domestic industry of the Member States) from the date of 
entry into force of the decision to apply the countervailing measure, the amounts of the provisional 
countervailing duty shall be transferred and distributed in accordance with the procedure specified 
in the Annex to this Protocol, taking into account the provisions of paragraphs 149 and 150 of this 
Protocol.  
149.  In cases where, pursuant to an investigation, it is considered appropriate to impose a 
countervailing duty at a rate less than the provisional countervailing duty, the amounts of the 
provisional countervailing duty equal to the amount of the countervailing duty calculated on the G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 29 - 
 
  basis of the established countervailing duty rate shall be transferred and distributed in accordance 
with the procedure specified in the Annex to this Protocol.   
The amounts of the provisional countervailing duty which exceed the amount of the 
countervailing duty calculated on the basis of the established countervailing duty rate shall be 
refunded to the payer in accordance with the Annex to this Protocol.  
150.  In ca ses where, pursuant to an investigation, it is considered reasonable to impose a 
countervailing duty at a rate higher than the provisional countervailing duty, the difference 
between the countervailing duty and the provisional countervailing duty shall not  be collected.  
151.  A provisional countervailing duty shall be applied subject to the simultaneous continuation of 
the investigation.  
152.  A provisional countervailing duty shall be applied in accordance with paragraphs 164 -168 of 
this Protocol.  
153.  The decision to impo se a provisional countervailing duty, as a rule, shall be taken not later 
than 7 months from the date of the initiation of the investigation.  
5. Acceptance of Voluntary Undertakings from  Subsidizing  Third 
Country or Exporter of Product Subject to Investig ation 
154.  The investigation may be suspended or terminated without the imposition of a countervailing 
duty if the Commission takes a decision to accept one of the following voluntary undertakings 
(in writing) received by the investigating authority:  
- the expo rting third country agrees to eliminate or limit the subsidy or take other 
measures concerning its effects;  
- the exporter of the product subject to investigation agrees to revise its prices for such 
product (if there are parties related to the exporter in  the Member States, then to 
ensure support of these parties of the undertaking of the exporter to revise prices) so 
that, as a result of an examination of the price undertakings from the exporter, the 
investigating authority concludes that such voluntary u ndertakings will eliminate the 
injury to the domestic industry of the Member States.  
The increase of the price for the product subject to investigation under such undertakings 
shall not be higher than the amount of a specific subsidy in the exporting third  country calculated 
per unit of the subsidized and exported product.  
The increase of the price for the product subject to investigation may be less than the 
amount of a specific subsidy of the exporting third country calculated per unit of the subsidized 
and exported product if such increase is adequate to remove the injury to the domestic industry of 
the Member States.  
155.  The decision to accept voluntary undertakings shall not be taken by the Commission until 
the investigating authority has made a preliminar y affirmative determination of subsidized imports 
and injury caused by such imports to a domestic industry of the Member States.  
The decision to accept voluntary undertakings from the exporter of the product subject to 
investigation shall not be taken by t he Commission unless it has obtained the consent of the 
authorised body of the exporting third country for the acceptance of undertakings from the 
exporters specified in subparagraph three of paragraph 154 of this Protocol.  
156.  The decision to accept voluntar y undertakings shall not be taken by the Commission if the 
investigating authority concludes that their acceptance is impractical because the number of actual 
or potential exporters of the product subject to investigation is too great, or for other reasons . G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 30 - 
 
  Where practicable, the investigating authority shall provide to the exporters the reasons why 
the acceptance of their undertakings was considered as impractical, and shall give the exporters 
an opportunity to make comments thereon.  
157.  The investigating auth ority shall send to each exporter and to the authorised body of the 
third exporting country from whom voluntary undertakings have been accepted a request for a 
non-confidential version thereof so that it may be made available to interested parties.  
158.  Volunta ry undertakings may be suggested to the exporting third country or the exporter of 
the product subject to investigation by the investigating authority, but no exporting third country 
or exporter shall be forced to enter into such undertakings.  
159.  In cases whe re the Commission takes a decision to accept voluntary undertakings, the 
countervailing duty investigation may be continued upon request of the exporting third country or 
if the investigating authority so decides.  
In cases where, pursuant to an investigati on, the investigating authority makes a negative 
determination of subsidized imports or injury caused by such imports to a domestic industry of the 
Member States, the voluntary undertakings from the exporting third country or exporters shall 
automatically lapse, except in cases where such a determination is due in large part to the 
existence of such undertakings. In cases where such a determination is due in large part to the 
existence of voluntary undertakings, the Commission may take a decision that such undertakings 
be maintained for a necessary period of time.  
160.  In cases where, pursuant to an investigation, the investigating authority makes an 
affirmative determination of subsidized imports and injury caused by such imports to a domestic 
industry of the Me mber States, the voluntary undertakings shall remain in force, consistent with 
their terms and the provisions of this Protocol.  
161.  The investigating authority may require the exporting third country or the exporter from 
whom voluntary undertakings have been a ccepted by the Commission to provide information 
relevant to the fulfilment of the voluntary undertakings and to permit verification of this 
information . 
Failure to provide requested information within the period established by the investigating 
authority and to permit verification of this information shall be deemed as a violation of the 
voluntary undertakings by the exporting third country or the exporter.  
162.  In case of violation or withdrawal of voluntary undertakings by the exporting third country or 
the e xporter, the Commission may take a decision to apply a countervailing measure by way of 
imposing a provisional countervailing duty (if the investigation has not been concluded yet), or a 
countervailing duty (if the final results of the investigation indica te that there are grounds for such 
imposition).  
In case of violation of voluntary undertakings by the exporting third country or the exporter, 
the exporting third country or the exporter shall be given the opportunity to make comments on 
such a violation.  
163.  The decision to accept voluntary undertakings taken by the Commission shall set out a 
provisional countervailing duty rate or a countervailing duty rate which may be imposed in 
accordance with paragraph 162 of this Protocol.  
6. Imposition and Application of Countervailing Duty  
164.  The decision to impose a countervailing duty shall not be taken by the Commission if the 
specific subsidy of the exporting third country has been withdrawn.  
165.  The decision to impose a countervailing duty shall be taken after the export ing third country 
granting the specific subsidy has rejected the proposal to hold consultations, or during the 
consultations no mutually acceptable solution has been reached.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 31 - 
 
  166.  A countervailing duty shall be applied to a product from all exporters which is s ubsidized and 
causing injury to a domestic industry of the Member States (except for a product from those 
exporters from which voluntary undertakings have been accepted by the Commission).  
An individual countervailing duty rate may be established by the Co mmission in respect of 
products from particular exporters.  
167.  A countervailing duty rate shall not be in excess of the amount of the specific subsidy of the 
exporting third country calculated in terms of subsidization.  
In cases where subsidies are granted i n accordance with different subsidization programs, 
their cumulative amount shall be taken into consideration.  
A countervailing duty rate may be less than the amount of the specific subsidy of the 
exporting third country if such rate is adequate to remove the injury to the domestic industry of 
the Member States.  
168.  When the amount of a countervailing duty rate is being established, written opinions 
submitted to the investigating authority by consumers in the Member States whose economic 
interests can be affect ed by the imposition of a countervailing duty shall be taken into 
consideration.  
169.  A countervailing duty may be applied to products which were placed, not more than 
90 calendar days prior to the date of imposition of a provisional countervailing duty, under  a 
customs procedure that is conditional on the payment of a countervailing duty if the investigating 
authority, pursuant to an investigation, has simultaneously determined for this product the 
following:  
1) injury which is difficult to repair is caused by  massive imports in a relatively short period 
of time of the product benefiting from specific subsidies paid or granted;  
2) it is necessary, in order to prevent the recurrence of such injury, to apply a countervailing 
duty to the imported product specified  in subparagraph 1 of this paragraph.  
170.  After the date of the initiation of the investigation, the investigating authority shall publish in 
the official sources specified in the Treaty a notice on possible application of a countervailing duty 
to the product subject to investigation in accordance with paragraph 169 of this Protocol.  
The decision to publish such a notice shall be taken by the investigating authority upon 
request of a domestic industry of the Member States which contains sufficient evidence that  the 
conditions specified in paragraph 169 of this Protocol are fulfilled, or at the initiative of the 
investigating authority in cases where such evidence is available to the investigating authority.  
No countervailing duty shall be applied to the products  which were placed under a customs 
procedure that is conditional on the payment of a countervailing duty prior to the date of official 
publication of the notice specified in this paragraph.  
171.  The national legislations of the Member States may establish addit ional means of notification 
to interested parties of possible application of a countervailing duty in accordance with 
paragraph  169 of this Protocol.  
7. Duration and Review of Countervailing Measure  
172.  A countervailing measure shall be applied pursuant to a d ecision of the Commission to the 
extent and as long as necessary to remove injury to a domestic industry of the Member States 
caused by dumped imports.  
173.  The duration of a countervailing measure shall not exceed 5 years from the date of the 
application of su ch measure or from the date of the conclusion of review that was carried out on 
the basis of a change in circumstances and concerned both the examination of subsidized imports G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 32 - 
 
  and the injury to a domestic industry of the Member States caused by the subsidi zed imports, or 
from the date of the conclusion of an expiry review.  
174.  An expiry review shall be initiated upon a written application filed in accordance with 
paragraphs  186-198 of this Protocol, or at the initiative of the investigating authority.  
An expir y review shall be initiated when the application contains evidence that the 
subsidized imports and the injury to the domestic industry of the Member States would be likely to 
recur or continue if the countervailing measure were removed.  
The application fo r an expiry review shall be filed not later than 6 months prior to the expiry 
of the countervailing measure.  
A review shall be initiated prior to the expiry of a countervailing measure and concluded 
within 12  months from the date of the initiation of the r eview.  
Prior to the conclusion of a review carried out in accordance with this paragraph, the period 
of application of the countervailing measure shall be extended pursuant to a decision of the 
Commission. During the period for which the application of the  respective countervailing measure 
is extended, in accordance with the procedure established for the collection of provisional 
countervailing duties, countervailing duties shall be levied at the rate established for the 
countervailing measure, whose durati on is subject to extension.  
In cases where, pursuant to an expiry review, the investigating authority establishes that 
there are no grounds for the application of a countervailing measure, or the decision not to apply a 
countervailing measure is taken in a ccordance with paragraph 272 of this Protocol, the amounts of 
the countervailing duty levied in accordance with the procedure established for the collection of 
provisional countervailing duties, during the period for which the application of the countervai ling 
measure is extended, shall be refunded to the payer in accordance with the procedure specified in 
the Annex to this Protocol.  
The investigating authority shall provide timely information to the customs authorities of the 
Member States on the absence o f grounds for the application of a countervailing measure, or on 
the decision not to apply an anti -dumping measure taken by the Commission.  
Duration of a countervailing measure is to be extended by the Commission in cases where, 
pursuant to an expiry revie w, the investigating authority establishes the likelihood of recurrence or 
continuation of the subsidized imports and injury to the domestic industry of the Member States. 
From the date of entry into force of a decision of the Commission to extend the peri od of 
application of a countervailing measure, the amounts of countervailing duties levied in accordance 
with the procedure established for the collection of provisional countervailing duties, during the 
period for which the application of the countervaili ng measure is extended, shall be transferred 
and distributed in accordance with the procedure specified in the Annex to this Protocol.  
175.  For the purposes of determination whether the continued application of a countervailing 
measure is appropriate and/or for  the purposes of reviewing the measure due to changed 
circumstances, including a review of an individual countervailing duty rate, a review may be 
initiated upon an application by an interested party or at the initiative of the investigating 
authority, pro vided that at least 1 year has elapsed since the imposition of a countervailing 
measure.  
Depending on the purposes of filing an application for a review such an application shall 
include evidence that due to changed circumstances:  
- continued application o f the countervailing measure is no longer necessary to offset 
subsidized imports and remove injury to the domestic industry of the Member States 
caused by the subsidized imports;  
- existing amount of a countervailing measure exceeds the amount sufficient t o offset 
the subsidized imports and remove injury to the domestic industry of the Member 
States caused by the subsidized imports;  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 33 - 
 
  - existing countervailing measure is insufficient to offset the subsidized imports and 
remove injury to the domestic industry of the Member States caused by the 
subsidized imports.  
A review due to changed circumstances shall be concluded within 12 months from the date 
of the initiation of the review.  
176.  The provisions of section VI of this Protocol concerning evidence and the condu ct of an 
investigation shall apply mutatis mutandis  to reviews specified in paragraphs 172 -178 of this 
Protocol.  
177.  The provisions of paragraphs 172 -178 of this Protocol shall apply mutatis mutandis  to 
undertakings accepted from an exporting third country or an exporter in accordance with 
paragraphs 154 -163 of this Protocol . 
178.  A review may also be carried out for the purposes of determining an individual 
countervailing duty rate for an exporter subject to a countervailing measure who was not 
investigated for rea sons other than a refusal to cooperate. Such a review may be initiated by the 
investigating authority upon a request of this exporter.  
8. Circumvention of a Countervailing Measure  
179.  For the purposes of this section, circumvention of a countervailing measure shall be 
understood as a change in the mode of supply in order to evade the payment of a countervailing 
duty or the fulfilment of voluntary undertakings.  
180.  An anti -circumvention review may be initiated upon an application by an interested party or 
at the initiative of the investigating authority.  
181.  The application indicated in paragraph 180 of this Protocol shall include the evidence of:  
1) circumvention of a countervailing measure;  
2) the undermining of the remedial effect of the countervailing measure (as a r esult of 
circumvention) and its impact on the volume of production and/or sales, and/or prices for the like 
product in the domestic market of the Member States;  
3) the continued existence of the benefit conferred on the producer and/or the exporter of 
the product (parts and/or modifications of such product) by the specific subsidy granted.  
182.  For the period of the review carried out in accordance with paragraphs 179 -185 of this 
Protocol, the Commission may impose a countervailing duty, which shall be levied in  accordance 
with the procedure established for the collection of provisional countervailing duties, on parts 
and/or modifications of the subsidized product which are imported into the customs territory of the 
Union from the exporting third country, and on the subsidized product and/or parts and/or 
modifications thereof imported into the customs territory of the Union from any other exporting 
third country.  
183.  In cases where, pursuant to a review carried out in accordance with paragraphs 179 -185 of 
this Protoco l, the investigating authority has not determined circumvention of a countervailing 
measure, the amounts of a countervailing duty paid pursuant to paragraph 182 of this Protocol 
and in accordance with the procedure established for the collection of provisi onal countervailing 
duties, shall be refunded to the payer in accordance with the procedures specified in the Annex to 
this Protocol.  
The investigating authority shall provide timely information to the customs authorities of the 
Member States if circumvent ion of a countervailing measure is not found.  
184.  In cases where, pursuant to a review carried out in accordance with paragraphs 179 -185 of 
this Protocol, circumvention of a countervailing measure has been determined, the countervailing 
measure may be extended  to imported parts and/or modifications of the subsidized product which G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 34 - 
 
  are imported into the customs territory of the Union from the exporting third country, and to the 
subsidized product and/or parts and/or modifications thereof, imported into the custom s territory 
of the Union from any other exporting third country. From the entry into force of the decision of 
the Commission to impose a countervailing measure indicated in this paragraph, the amounts of 
countervailing duties paid in accordance with the pr ocedure established for the collection of 
provisional countervailing duties, shall be transferred and distributed in accordance with the 
procedure specified in the Annex to this Protocol.  
185.  An anti -circumvention review shall be concluded within 9 months from  the date of the 
initiation of the review.  
VI. Investigations  
1. Basis for Investigation  
186.  An investigation for the purposes of determination of the existence of increased imports and 
serious injury or threat thereof caused to a domestic industry of the Mem ber States as well as for 
the purposes of determination of dumped or subsidized imports and material injury, threat thereof 
caused to a domestic industry of the Member States or material retardation of the establishment of 
a domestic industry of the Member  States, shall be carried out by the investigating authority on 
the basis of a written application or at the initiative of the investigating authority.  
187.  The application indicated in paragraph 186 of this Protocol shall be filed by:  
1) a producer of the lik e or directly competitive product (when the application for a 
safeguard measure is submitted) or the like product (when the application for an anti -dumping or 
a countervailing measure is submitted) in the Member States or by their authorised 
representative ; 
2) an association of producers which includes producers whose collective output constitutes 
a major proportion, but not less than 25 percent, of the total volume of production of the like or 
directly competitive product (when the application for a safegu ard measure is submitted), or the 
like product (when the application for an anti -dumping or a countervailing measure is submitted) 
in the Member States or by an authorised representative of such association.  
188.  The authorised representatives of producers and associations indicated in paragraph 187 of 
this Protocol shall have duly certified and documented authority; the originals of respective 
documents shall be submitted to the investigating authority together with the application.  
189.  The application specified in  paragraph 186 of this Protocol shall be accompanied by evidence 
of support for the application by producers of the like or directly competitive product, or the like 
product, in the Member States. The following shall be considered as sufficient evidence of  support:  
1) documents confirming that other producers of the like or directly competitive product in 
the Member States, who, together with the applicant, account for the major proportion, but not 
less than 25 percent, of the total volume of production of the like or directly competitive product in 
the Member States join the application (when the application for a safeguard measure is 
submitted);  
2) documents confirming that the producers in the Member States  (including the applicant) 
supporting the applica tion account for at least 25 percent of the total production volume of the like 
product in the Member States, provided that the collective output of the producers in the Member 
States (including the applicant) supporting the application constitutes more th an 50 percent of the 
total production of the like product produced by that portion of the domestic industry expressing 
either support for or opposition to the application (when the application to apply an anti -dumping 
or countervailing measure is submitted ). 
190.  The application indicated in paragraph 186 of this Protocol shall contain:  
1) information on the applicant, the volume and value of the production of the like or 
directly competitive product (when the application for a safeguard measure is submitted), t he like G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 35 - 
 
  product (when the application for an anti -dumping or countervailing measure is submitted) by the 
domestic industry of the Member States for 3 years preceding the date of filing the application, as 
well as on the volume and value of the production o f the like or directly competitive product (when 
the application to apply a safeguard measure is submitted) or the like product (when the 
application to apply an anti -dumping or countervailing measure is submitted) by producers in the 
Member States support ing the application, and on their share in the total volume of production of 
the like or directly competitive product when the application to apply a safeguard measure is 
submitted) or the like product (when the application to apply an anti -dumping or coun tervailing 
measure is submitted) in the Member States;  
2) a description of the product imported into the customs territory of the Union on which it is 
proposed to impose a safeguard, anti -dumping or countervailing measure, with the indication of its 
code i n the Customs Nomenclature of Foreign Economic Activity of the EAEU;  
3) the names of exporting third countries of origin or export of the product indicated in 
subparagraph two of this paragraph, on the basis of customs statistics;  
4) information on known p roducers and/or exporters of the product indicated in 
subparagraph two of this paragraph in the exporting third country, and on known importers and 
main known consumers of the product in question in the Member States;  
5) information on the changes in the v olume of imports of the product into the customs 
territory of the Union on which it is proposed to impose a safeguard, anti -dumping or 
countervailing measure, for the previous period as well as for the subsequent period for which 
representative statistics are available as of the date of filing the application ; 
6) information on the changes in the volume of exports of the like or directly competitive 
product (when the application for a safeguard measure is submitted) or the like product (when the 
application  for an anti -dumping or a countervailing measure is submitted) from the customs 
territory of the Union, for the previous period as well as for the subsequent period for which 
representative statistics are available as of the date of filing the application.  
191.  Along with the information indicated in paragraph 190 of this Protocol depending on the type 
of measure proposed in the application, the applicant shall include the following:  
1) evidence of increased imports of the product, evidence of serious injury or threat thereof 
to a domestic industry of the Member States caused by the increased imports of the product, a 
proposal to impose a safeguard measure with the indication of its amount and the period of 
application, as well as an action plan for the adjustmen t of the domestic industry of the Member 
States to conditions of foreign competition during the period of application of the safeguard 
measure proposed by the applicant (when the application for a safeguard measure is submitted);  
2) information on export p rice and normal value of the product, evidence of material injury 
or threat thereof to a domestic industry of the Member States or material retardation of the 
establishment of a domestic industry of the Member States caused by the dumped imports of the 
product, as well as a proposal to impose an anti -dumping measure with the indication of its 
amount and the period of application (when the application for an anti -dumping measure is 
submitted);  
3) information on the existence and nature of a specific subsidy of an exporting third 
country and, if possible, its amount, evidence of material injury or threat thereof to a domestic 
industry of the Member States or material retardation of the establishment of a  domestic industry 
of the Member States caused by the sub sidized imports of the product, as well as a proposal to 
impose a countervailing measure with the indication of its amount and the period of application 
(when the application for a countervailing measure is submitted).  
192.  The evidence of the existence of seri ous injury or threat thereof to a domestic industry of 
the Member States (when the application to apply a safeguard measure is submitted) and the 
evidence of material injury or threat thereof to a domestic industry of the Member States or 
material retardat ion of the establishment of a domestic industry of the Member States caused by 
the dumped imports or subsidized imports (when the application to apply an anti -dumping or G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 36 - 
 
  countervailing measure is submitted) shall be based on objective factors relative to t he economic 
situation of a domestic industry of the Member States, and shall be expressed in quantitative 
and/or value terms for the previous period as well as for the subsequent period for which 
representative statistics are available as of the date of fi ling the application (including the volume 
of production and the sales volume of the product, the share of the product in the domestic market 
of the Member States, the cost of production of the product, the price of the product, utilization of 
capacity, em ployment, labour productivity, profit margins, profitability, the volume of investment 
in the domestic industry of the Member States).  
193.  The information provided in the application shall be accompanied by a reference to the 
source.  
194.  For the purposes of compar ability, a single monetary unit and a single unit of quantity shall 
be used for the indicators contained in the application.  
195.  The information contained in the application shall be certified by managing directors of the 
producers that provided such informati on as well as by their employees responsible for accounting 
and financial reporting, insofar as information which directly relates to the producers in question is 
concerned.  
196.  The application with an enclosed non -confidential version thereof (if the applicat ion contains 
confidential information) shall be submitted to the investigating authority in accordance with 
paragraph 8 of this Protocol and shall be subject to registration on the day of receipt of the 
application.  
197.  The date of filing the application shall  be the date of registration thereof in the investigating 
authority.  
198.  The application for a safeguard, anti -dumping or countervailing measure shall be rejected on 
the following grounds:  
- failure to submit information specified in paragraphs 189 -191 of this  Protocol when 
filing the application;  
- submission by the applicant of information provided for in paragraphs 189 -191 of this 
Protocol which is inaccurate;  
- failure to submit a non -confidential version of the application.  
The rejection of the application  on other grounds shall not be permitted.  
2. Initiation and Subsequent Investigation  
199.  Before a decision to initiate an investigation is taken, the investigating authority shall notify 
the exporting third country in writing of the receipt of an application f or an anti -dumping or a 
countervailing measure prepared in accordance with paragraphs 187 -196 of this Protocol.  
200.  Before the decision to initiate an investigation is taken, the investigating authority shall 
examine the adequacy and accuracy of the evidence a nd information contained in the application 
in accordance with paragraphs 189 -191 of this Protocol within 30 calendar days from the date of 
the registration of the application. Such period may be extended should the investigating authority 
require addition al information, but shall not exceed 60 calendar days.  
201.  The application may be withdrawn by the applicant prior to the initiation of an investigation 
or during the course of the investigation.  
The application shall be considered not to have been filed if it  is withdrawn before the 
initiation of an investigation.  
If the application is withdrawn during the course of the investigation, the investigation shall 
be terminated without the imposition of a safeguard, anti -dumping or countervailing measure.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 37 - 
 
  202.  The inform ation contained in the application shall not be subject to public disclosure before 
the decision to initiate an investigation is taken.  
203.  The investigating authority shall take a decision to initiate or refuse to carry out an 
investigation before the expiry of the period indicated in paragraph 200 of this Protocol.  
204.  When the decision to initiate an investigation is taken, the investigating authority shall notify 
in writing the authorised body of the exporting third country as well as other interested parties 
known to it of the decision taken, and, within not more than 10 business days from the date of 
taking this decision, shall give public notice of the initiation of an investigation in the official 
sources determined by the Treaty.  
205.  The publication date of the  notice of initiation of an investigation on the official website of 
the Union on the Internet shall be the date of initiation of the investigation.  
206.  The investigating authority may take a decision to initiate an investigation (including on its 
own initiati ve) only if it has evidence of the existence of increased imports and serious injury or 
threat thereof caused to a domestic industry of the Member States, or of the existence of dumped 
or subsidized imports and material injury or threat thereof caused to a  domestic industry of the 
Member States or material retardation of the establishment of a domestic industry of the Member 
States.  
In cases where available evidence is insufficient, such an investigation shall not be initiated.  
207.  The decision to refuse to car ry out an investigation shall be taken if the investigating 
authority, upon examination of the application, determines that the information submitted in 
accordance with paragraphs 190 -191 of this Protocol does not indicate the existence of increased, 
dumpe d or subsidized imports of the product into the customs territory of the Union and/or 
material injury or threat thereof to a domestic industry of the Member States or material 
retardation of the establishment of a domestic industry of the Member States cau sed by the 
dumped or subsidized imports, or the existence of serious injury or threat thereof to a domestic 
industry of the Member States caused by the increased imports into the customs territory of the 
Union.  
208.  When the decision to refuse to carry out an i nvestigation is taken, the investigating 
authority shall notify the applicant in writing of the reason for the refusal to carry out an 
investigation within 10 calendar days from the date of taking such decision.  
209.  Interested parties shall have the right to s tate their intention to participate in the 
investigation in writing within the period established by this Protocol. They are recognized as 
participants in the investigation from the date of the registration of their statement of intent to 
participate in th e investigation by the investigating authority.  
The applicant and producers in the Member States who have expressed their support for the 
application shall be recognized as participants in the investigation from the date of the initiation of 
the investigat ion. 
210.  Interested parties shall have the right to submit information (including confidential 
information) required for investigation purposes with the indication of the source of such 
information within a period which does not impede the investigation.  
211.  The investigating authority shall have the right to request from the interested party 
additional information for the purposes of investigation.  
Requests may also be sent to other organisations in the Member States.  
Above requests shall be sent by the director (deputy director) of the investigating authority.  
A request shall be deemed to have been received by the interested party upon its 
transmission to the authorised representative of the interested party or after 7 calendar days from 
the date on which the req uest was sent by post.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 38 - 
 
  A response of the interested party shall be submitted to the investigating authority not later 
than 30 calendar days from the date of the receipt of the request.  
A response is considered as received by the investigating authority if  it reaches the 
investigating authority not later than 7 calendar days from the date of expiry of the period 
specified in subparagraph five of this paragraph.  
Information submitted by an interested party after the expiry of the specified period may be 
disregarded by the investigating authority.  
Upon reasoned written request of an interested party, the period for submitting the response 
may be extended by the investigating authority.  
212.  In cases where an interested party refuses to provide necessary information  to the 
investigating authority, does not provide such information within the established timeframe or 
provides inaccurate information, thereby significantly impeding the investigation, such interested 
party shall be considered as non -cooperating, and prel iminary or final determinations may be 
made by the investigating authority on the basis of the facts available to it.  
Failure to provide the requested information in electronic form or in electronic format 
specified in the request of the investigating auth ority shall not be regarded by the investigating 
authority as non -cooperation, provided that the interested party in question is able to prove that 
the full implementation of criteria for the provision of information specified in the request of the 
investi gating authority is not possible or is associated with significant material costs.  
In cases where the investigating authority does not take into account the information 
provided by the interested party for reasons other than those indicated in subparagrap h one of this 
paragraph, the party in question shall be informed of the reasons and grounds for taking such 
decision and shall be given an opportunity to comment thereon within a period which is 
established by the investigating authority.  
If during the pre paration of a preliminary or final determination of the investigating 
authority, including the determination of normal value (in case of an anti -dumping investigation), 
the provisions of the first subparagraph of this paragraph are applied and information is used 
(including the information provided by the applicant), the information to be used in the 
preparation of such determinations shall be verified using the available information obtained from 
third sources or from the interested parties, provided that such verification neither impedes the 
investigation nor prevents its timely conclusion.  
213.  As soon as possible after the date of taking the decision to initiate an anti -dumping or 
countervailing duty investigation, the investigating authority shall send to an  authorised body of 
the exporting third country and exporters known to it copies of the application or its 
non-confidential version (if the application contains confidential information), as well as provide 
such copies to other interested parties upon thei r request.  
In cases where the number of known exporters is large, a copy of the application or its 
non-confidential  version shall be sent only to an authorised body of the exporting third country.  
The investigating authority shall provide copies of the app lication or its non -confidential 
version (if  the application  contains confidential information) to the participants in a safeguard 
investigation  upon their request.  
During the investigation, with due regard to the requirement to protect confidential 
inform ation, the investigating  authority shall provide an opportunity for the participants in the 
investigation at their request to see the information provided in writing by any interested party as 
evidence relevant to the subject of investigation.  
During the i nvestigation the investigating authority shall provide an opportunity for the 
participants in the investigation to see other information relevant to the investigation which is used 
in the investigation and is not confidential.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 39 - 
 
  214.  At the request of interested parties the investigating authority shall hold consultations on 
the subject of investigation.  
215.  During the investigation all interested parties shall be given an opportunity to defend their 
interests. To this end, the investigating authority shall provide an  opportunity for all interested 
parties at their request to meet to present their opposing views and to offer rebuttal. The provision 
of such an opportunity shall be provided with due regard to the requirement to preserve the 
confidentiality of information . It shall not be obligatory for all interested parties to attend a 
meeting, and the absence of any interested party shall not be prejudicial to its interests.  
216.  Consumers using in their production the product subject to investigation, representatives of 
public associations of consumers, state authorities, local government authorities as well as other 
persons shall have a right to submit to the investigating authority information which is relevant to 
the investigation.  
217.  An investigation shall be concluded with in: 
1) 9 months from the date of the initiation of the investigation on the basis of the 
application for a safeguard measure. This period may be extended by the investigating authority, 
but not more than for 3 months;  
2) 12 months from the date of the init iation of the investigation on the basis of the 
application for an anti -dumping or countervailing measure. This period may be extended by the 
investigating authority, but not more than for 6 months.  
218.  An investigation shall not hinder customs procedures in r espect of the product subject to 
investigation.  
219.  The date of conclusion of an investigation shall be the date on which the Commission 
considers the report pursuant to the investigation and the Commission 's draft act, which are 
specified in paragraph 5 of th is Protocol.  
In cases where the investigating authority makes a final determination that there are no 
grounds for the application , review or withdrawal of a safeguard, anti -dumping or countervailing 
measures, the date of the conclusion of the investigation  shall be the date of publication of the 
relevant notice by the investigating authority.  
In case of imposition of a provisional safeguard duty, a provisional anti -dumping duty or a 
provisional countervailing  duty, the investigation shall be concluded prior  to the date of expiry of 
the respective provisional duty.  
220.  In cases where the investigating authority establishes during the course of the investigation  
that there are no grounds provided for in subparagraphs two and three of paragraph 3 of this 
Protocol, the investigation shall be concluded without the imposition of any safeguard, 
anti-dumping or countervailing measure.  
221.  In cases where, within 2 calendar years immediately preceding the date of the initiation of 
the investigation, one producer who has suppor ted the application indicated in paragraph 186 of 
this Protocol (due regard given to his participation, if applicable, in a group of persons in the 
meaning of section XIII of the Treaty) accounts for such a share of production in the customs 
territory of t he Union of the like or directly competitive product (in the case of a safeguard 
investigation) or the like product (in the case of the an anti -dumping or countervailing duty 
investigation) that, in accordance with the procedures for assessment of the stat e of competition, 
approved by the Commission, the position of the producer in question (due regard given to his 
participation, if applicable, in a group of persons) in the relevant product market of the Union may 
be deemed dominant, the division of the Com mission authorised to control the compliance with the 
general rules of competition in transboundary markets shall, upon the request of the investigating 
authority, assess the effects of a safeguard, anti -dumping or countervailing measure on 
competition in the relevant product market of the Union.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 40 - 
 
  3. Special Procedures for Anti -Dumping Investigation  
222.  An anti -dumping investigation shall be terminated without the imposition of an anti -dumping 
measure if the investigating authority determines that the margin of dumping is less than 
de minimis, or that the volume of dumped imports, actual or potential, or the material injury 
caused by such imports, or threat thereof, or material retardation of the establishment of a 
domestic industry of the Member States, is negli gible.  
The margin of dumping shall be considered to be de minimis  if this margin does not exceed 
2 percent.  
223.  The volume of dumped imports from a particular exporting third country shall be negligible if 
it accounts for less than 3 percent of total imports o f the product subject to investigation into the 
customs territory of the Union, provided that exporting third countries which individually account 
for less than 3 percent of the total imports of the product subject to investigation into the customs 
territo ry of the Union collectively account for not more than 7  percent of total imports of the like 
product subject to investigation into the customs territory of the Union.  
224.  The investigating authority shall, before a decision pursuant to an anti -dumping 
investi gation is taken, inform the interested parties of the main conclusions made pursuant to the 
investigation, with due regard to the requirement to protect confidential information, and shall give 
them an opportunity to make comments.  
The period  for the inter ested parties to provide their comments shall be established by the 
investigating authority and shall not be less than 15 calendar days.  
4. Special Procedures for Countervailing Duty Investigation  
225.  After an application is accepted for consideration and befo re a decision to initiate an 
investigation is taken, the investigating authority shall propose to an authorised body of the 
exporting third country, from which the product in respect of which it is proposed to impose a 
countervailing measure is exported, t o conduct consultations with the purpose of clarifying the 
situation as to the existence, amount and consequences of granting an alleged specific subsidy and 
arriving at a mutually acceptable solution.  
Such consultations may also continue during the course  of the investigation.  
226.  The conduct of consultations specified in paragraph 225 of this Protocol shall not prevent 
taking a decision to initiate an investigation and to apply a countervailing measure.  
227.  A countervailing duty investigation shall be terminated without the imposition of a 
countervailing measure if the investigating authority determines that the amount of a specific 
subsidy of an exporting third country is de minimis , or the volume of subsidized imports, actual or 
potential, or the material injury  to a domestic industry of the Member States caused by such 
imports, or threat thereof, or material retardation of the establishment of a domestic industry of 
the Member States, is negligible.  
228.  The amount of a specific subsidy shall be considered to be de m inimis if it is less than 
1 percent of the value of the product subject to investigation.  
The volume of subsidized imports shall normally be regarded as negligible if it accounts for 
less than 1 percent of total imports of the like product into the customs  territory of the Union, 
provided that exporting third countries which individually account for less than 1 percent of the 
total imports of the like product into the customs territory of the Union collectively account for not 
more than 3 percent of total i mports of the like product into the customs territory of the Union.  
229.  A countervailing duty investigation in respect of an imported subsidized product originating 
in a developing or least developed country which is the beneficiary of the system of tariff 
preferences of the Union shall be terminated in cases where the investigating authority determines 
that the overall level of specific subsidies of the exporting third country granted upon this product 
does not exceed 2 percent of its value calculated on a per  unit basis, or the volume of the imports G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 41 - 
 
  of this product from such a third country represents less than 4 percent of the total imports of this 
product into the customs territory of the Union, provided that imports of this product into the 
customs territor y of the Union from developing and least developed countries whose individual 
shares account for less than 4 percent of the total imports of this product into the customs 
territory of the Union collectively account for not more than 9 percent of the total imports of this 
product into the customs territory of the Union.  
230.  The investigating authority shall, before a decision, pursuant to a countervailing duty 
investigation, is taken, inform all interested parties of the main conclusions made during the 
course o f the investigation, with due regard to the requirement to protect confidential information, 
and shall give them an opportunity to make comments.  
The period for the interested parties to provide their comments shall be established by the 
investigating auth ority and shall not be less than 15 calendar days.  
5. Definition of Domestic Industry of Member States  
in Case of Dumped or Subsidized Imports  
231.  For the purposes of an anti -dumping or countervailing duty investigation, the term 
"domestic industry of the Memb er States " shall be interpreted within the meaning of Article 49 of 
the Treaty, except for the cases specified in paragraphs 232 and 233 of this Protocol.  
232.  In cases where the producers of the like product in the Member States are themselves 
importers of the  allegedly dumped or subsidized product, or are related to the exporters or 
importers of the allegedly dumped or subsidized product, the term "domestic industry of the 
Member States " may be interpreted as referring to the rest of the producers of the like product in 
the Member States.  
The producers of the like product in the Member States shall be deemed to be related to the 
exporters or importers of the allegedly dumped or subsidized product if:  
- particular producers of the like product in the Member Stat es directly or indirectly 
control the exporters or importers of the product subject to investigation;  
- particular exporters or importers of the product subject to investigation directly or 
indirectly control the producers of the like product in the Member  States;  
- particular producers of the like product in the Member States and the exporters or 
importers of the product subject to investigation are directly or indirectly controlled by 
a third person;  
- particular producers of the like product in the Membe r States and the foreign 
producers, exporters or importers of the product subject to investigation directly or 
indirectly control a third person, provided that there are grounds for the investigating 
authority to believe that such relationship causes such producers to behave differently 
from non -related parties.  
233.  In exceptional circumstances, for the purposes of defining the domestic industry of the 
Member States, the territory of these States may be divided into two or more territorially isolated 
competitiv e markets, and the producers in the Member States within one of the indicated markets 
may be regarded as a separate domestic industry of the Member States, if such producers sell in 
this market not less than 80 percent of their production of the like produ ct for consumption or 
processing, and the demand for the like product in such market is not to a substantial degree 
satisfied by producers of such product located elsewhere in the territory of the Member States.  
In such circumstances, material injury to a domestic industry of the Member States, threat 
thereof or material retardation of the establishment of a domestic industry of the Member States 
caused by dumped or subsidized  imports may be found to exist even where a major portion of the 
total domestic in dustry is not injured, provided there is a concentration of sales of dumped or 
subsidized imports into one of the indicated competitive markets and the dumped or subsidized G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 42 - 
 
  imports are causing injury to all or almost all producers of the like product in th e Member States 
within one such market.  
234.  In cases where a domestic industry of the Member States is interpreted within the meaning 
of paragraph 233 of this Protocol and, pursuant to an investigation, a decision to apply an anti -
dumping or countervailing mea sure is taken, such measure may be applied to all imports of the 
product into the customs territory of the Union.  
In the abovementioned case an anti -dumping or countervailing duty shall be imposed only 
after the investigating authority has given the export ers an opportunity to cease exports of such 
product to the area concerned at dumped prices (in the case of dumped imports) or at subsidized 
prices (in the case of subsidized imports), or to offer respective undertakings in relation to the 
conditions of exp orting into the customs territory of the Union, provided that such opportunity has 
not been used by the exporters.  
6. Public Hearings  
235.  The investigating authority shall hold public hearings on the basis of a written request 
submitted by any participant in t he investigation and within the time period established by this 
Protocol.  
236.  The investigating authority shall send a notice to the participants in the investigation 
specifying the time and location of public hearings, as well as a list of questions to be dis cussed in 
the course of public hearings.  
The public hearings shall not be scheduled for a date sooner than 15 calendar days from the 
day of sending the respective notice.  
237.  Participants in the investigation or their representatives as well as persons engaged  by them 
for the purposes of providing information relating to the investigation shall have a right to 
participate in public hearings.  
In the course of public hearings the participants in the investigation may express their 
opinion and provide evidence rel ating to the investigation. The representative of the investigating 
authority shall have a right to ask the participants in public hearings questions relating to the 
essence of the facts submitted by them. The participants in the investigation shall also h ave a right 
to ask each other questions and shall give answers. The participants in public hearings shall not be 
required to disclose information treated as confidential.  
238.  Oral information which has been provided in the course of public hearings shall be ta ken into 
account during the course of the investigation if within 15 calendar days from the date of the 
public hearings participants in the investigation provide it in writing to the investigating authority.  
7. Collection of Information in the Course of In vestigation  
239.  After the decision to initiate an anti -dumping or countervailing duty investigation is taken, 
the investigating authority shall send to known exporters and/or producers of the product subject 
to investigation a questionnaire which shall be comp leted by them.  
A questionnaire  shall also be sent to producers of the like or directly competitive product 
(in the case of a safeguard investigation) or the like product (in the case of an anti -dumping or 
countervailing duty investigation) in the Member S tates.  
If necessary , a questionnaire may also be sent to importers and consumers of the product 
subject to inves tigation.  
240.  Parties specified in paragraph 239 of this Protocol to whom a questionnaire has been sent 
shall submit their responses to the investig ating authority within 30 calendar days from the date of 
the receipt of the questionnaire.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 43 - 
 
  Upon a reasoned written request of a party specified in paragraph 239 of this Protocol the 
period in question may be extended by the investigating authority for no m ore than 14 calendar 
days.  
241.  A questionnaire shall be deemed to have been received by the exporter and/or producer of 
the product from the date of its transmission directly to the representative of the exporter and/or 
producer or after 7 calendar days from t he date on which it was sent by post.  
Responses to a questionnaire shall be deemed to have been received by the investigating 
authority if they have been submitted to the investigating authority in a confidential and a 
non-confidential versions not later t han 7 calendar days from the date of the expiry of the 30 day 
period specified in paragraph 240 of this Protocol or from the date of the expiry of the extension 
period.  
242.  The investigating authority shall satisfy itself as to the accuracy and adequacy of the  
information submitted by interested parties during the course of an investigation.  
In order to verify information provided during the course of an investigation or to obtain 
further information relating to the investigation carried out, the investigating authority may, as 
required, carry out verification:  
- in the territory of the third country, provided that it obtains the agreement of 
respective foreign exporters and/or producers of the product subject to investigation 
and the third country which has bee n officially notified of the forthcoming verification 
does not object to it;  
- in the territory of the Member State, provided it obtains the agreement of respective 
importers of the product subject to investigation and/or producers of the like or 
directly competitive product.  
A verification shall be carried out after the responses to the questionnaires sent in 
accordance with paragraph 239 of this Protocol have been received unless the foreign producer or 
exporter voluntary agrees to verification to be carr ied out before such responses have been sent 
and the respective third country does not object to it.  
After the agreement has been obtained from the respective participants in the investigation 
and before the start of verification, these participants shall be provided with a list of documents 
and materials which shall be submitted to the officers deployed to carry out the verification. 
The investigating authority shall notify the third country of the addresses and names of the foreign 
exporters or producers to be verified as well as the dates of such verification.  
Other documents and materials which are necessary to verify the information submitted in 
the responses to a questionnaire may be also requested in the course of verification.  
In cases where the inve stigating authority intends to include experts who are not officers of 
this authority in the investigating team for the purposes of carrying out verification, the 
participants in the investigation subject to verification activities shall be notified in adv ance of such 
decision of the investigating authority. Participation of such experts in verification should be 
permitted only if there is a possibility to apply sanctions for their breach of confidentiality of 
information obtained in connection with verific ation.  
243.  In order to verify information submitted during the course of an investigation or to obtain 
further information relating to the investigation being carried out, the investigating authority shall 
have a right to direct its representatives to a locati on of interested parties, collect information, 
hold consultations and negotiations with interested parties, familiarize itself with samples of the 
product and take other actions necessary for carrying out an investigation.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 44 - 
 
  8. Submission of Information by Authorised Bodies  of Member States,  
Diplomatic and Trade Representations of Member States  
244.  For the purposes of this subsection, the term "authorised bodies of the Member States " shall 
be understood as governmental authorities and territorial (local) authori ties of the Member States 
authorised in the field of customs procedures, statistics, taxation, registration of juridical persons 
and in other fields.  
245.  The authorised bodies of the Member States, diplomatic and trade representations of the 
Member States in t hird countries shall provide to the investigating authority, upon its request, 
information specified by this Protocol which is necessary for the initiation and carrying out of 
safeguard, anti -dumping and countervailing duty investigations (including review s). 
The preparation of proposals pursuant to investigations, the monitoring of the effectiveness of 
safeguard, anti -dumping and countervailing measures imposed, and the control of compliance with 
the undertakings accepted by the Commission.  
246.  The authorised bodies of the Member States, diplomatic and trade representations of the 
Member States in third countries shall be required to:  
1) submit, within 30 calendar days from the receipt of the request of the investigating 
authority, information available to them  or give notice of inability to provide information with an 
explanation of the reasons for refusal. Upon reasoned  request of the investigating authority, the 
requested information shall be submitted within a shorter period;  
2) ensure adequacy and accuracy of the information submitted and, if necessary, provide 
timely respective additional and modified information.  
247.   The authorised bodies of the Member States, diplomatic and trade representations of the 
Member States in third countries, within their competen ce, shall submit to the investigating 
authority information on requested periods, including:  
1) statistics  on foreign trade;  
2) data from goods declarations categorized by the respective customs procedures, with the 
indication of physical and value indicat ors relative to the importation (exportation) of the product, 
commercial name of the product, terms of supply, country of origin (country of departure, country 
of destination), name and other details of the sender and the recipient;  
3) information on the d omestic market of the product subject to investigation and respective 
domestic  industry of the Member States (including data on the volume of production of the 
product, utilization of capacity, sales, the cost of production, profits and losses of the natio nal 
enterprises of the Member States, prices of the product in the domestic market of the Member 
States, profitability, the number of employees, investment, the list of producers of the product);  
4) information relative to the assessment of the effects of possible imposition or 
non-imposition of a safeguard , anti-dumping or countervailing measure, pursuant to the respective 
investigation, in the market in the Member States for the product subject to investigation, as well 
as a forecast of production activit y of the national enterprises of the Member States.  
248.  The list of information specified in paragraph 247 of this Protocol is not exhaustive. 
If required, the investigating authority shall have a right to request other information.  
249.  The correspondence on the i mplementation of this subsection shall be maintained and the 
information upon request of the investigating authority shall be submitted in Russian language. 
Particular company details (indicators) which include foreign names may be provided using the 
letters of the Latin alphabet.  
250.  The information shall be mainly submitted on electronic media. If there is no possibility to 
submit information on electronic media, it shall be provided on paper media. Information that has 
been requested in the table format (sta tistical and customs information) shall be submitted in the 
format specified in the request of the investigating authority. In cases where it is not possible to G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 45 - 
 
  submit information in such a format, the authorised bodies of the Member States, diplomatic and  
trade representations of the Member States in third countries shall notify the investigating 
authority and submit the requested information to investigating authority and shall provide 
requested information in another format.  
251.  Requests to the authorised bo dies of the Member States, diplomatic and trade 
representations of the Member States in third countries for submission of information shall be 
made in writing on the letterhead of the investigating authority with the indication of purpose, 
legal grounds an d the time limits for submission of information and shall be signed by the director 
(deputy director) of the investigating authority.  
252.  The information upon the request of the investigating authority shall be provided by the 
authorised bodies of the Member S tates, diplomatic and trade representations of the Member 
States in third countries free of charge.  
253.  Information shall be transmitted via means which are agreed by the exchanging bodies and 
which are available at the moment of transmission, that ensure safe ty and protection of 
information from unauthorised access. In the case of submitting information via facsimile, the 
original copy shall also be sent by post.  
9. Confidential Information  
254.  Information designated as confidential under the legislation of a Memb er State (including 
commercial, tax and other confidential information), except for state secrets, or as internal 
information of restricted access shall be submitted to the investigating authority in compliance 
with the requirements established by the legi slation of the Member State in respect of such 
information.  
The investigating authority shall ensure the required level of protection of such information.  
255.  The information submitted by an interested party to the investigating authority shall be 
treated as c onfidential if this party provides reasoning that indicates, inter alia, that disclosure of 
such information would be of a competitive advantage to a third party or would have adverse 
effects upon a person who has submitted such information or upon a perso n from whom such 
information has been received.  
256.  Interested parties submitting confidential information shall be required to provide a 
non-confidential version of such information.  
A non -confidential version shall be in sufficient detail to permit understan ding of the 
substance of the information submitted in confidence.  
In exceptional cases, when an interested party is unable to submit a non -confidential version 
of the confidential information, it must provide a detailed reasoned statement as to why the 
submission of a non -confidential version is impossible.  
257.  In cases where the investigating authority determines that the reasoning submitted by an 
interested party does not permit to consider the submitted information as confidential, or an 
interested party wh ich has not submitted a non -confidential version of confidential information 
does not submit  reasoning as to why it is impossible to submit confidential information in a 
non-confidential form or submits information which does not constitute such reasoning,  the 
investigating authority may disregard such information.  
258.  The investigating authority shall not disclose or transmit to third parties confidential 
information without a written consent of the interested party who has provided such information or 
the aut horised bodies of the Member States and diplomatic and trade representations of the 
Member States in third countries specified in paragraph 244 of this Protocol.  
For disclosure, use for personal advantage, other misuse of confidential information 
submitted  for the purposes of carrying out an investigation to the investigating authority by 
applicants, participants in an investigation, interested parties or the authorised bodies of the G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 46 - 
 
  Member States and diplomatic and trade representations of the Member State s in third countries 
specified in paragraph 244 of this Protocol, officials and employees of the investigating authority 
may be deprived of the privileges and immunities provided for in an international treaty of the 
Union on privileges and immunities,  and will be prosecutable in accordance with a procedure which 
is approved by the Commission.  
This Protocol shall not preclude the disclosure by the investigating authority of information 
containing the reasons on which decisions taken by the Commission are ba sed, or the evidence 
relied on by the Commission insofar as it is necessary to explain such reasons and evidence in the 
Court of the Union.  
The procedure  for the use and protection of confidential information in the investigating 
authority shall be approve d by the Commission.  
10. Interested Parties  
259.  For the purposes of an investigation, interested parties shall be:  
1) a producer of the like or directly competitive product (in the case of a safeguard 
investigation) or the like product  (in the case of an anti -dumping or countervailing investigation) in 
the Member States;  
2) an association of producers a majority of the members of which are producers of the like 
or directly competitive product (in the case of a safeguard investigation) or the like product (in t he 
case of an anti -dumping or countervailing investigation) in the Member States;  
3) an association of producers the members of which account for more than 25 percent of 
the total volume of production of the like or directly competitive product (in the cas e of a 
safeguard investigation) or the like product (in the case of an anti -dumping or countervailing 
investigation) in the Member States;  
4) an exporter, foreign producer or the importer of the product subject to investigation, and 
an association of forei gn producers, exporters or importers of products a significant part of the 
members of which are producers, exporters or importers of the product in question from the 
exporting third country or the country of origin of the product;  
5) an authorised body of the exporting third country or of the country of origin of the 
product;  
6) consumers  of the product subject to investigation (if they use such product in production) 
or associations of such consumers in the Member States;  
7) public  associations of consumer s (if the product is mainly consumed by natural persons).  
260.   Interested parties shall act during the course of the investigation on their own or through 
their duly authorised representatives.  
If an interested party acts during the course of the investigatio n through an authorised 
representative, the investigating authority shall provide all information on the subject matter of 
the investigation to the interested party only through this representative.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 47 - 
 
  11. Notice of Decisions Taken in Connection with Investi gation  
261.  The investigating authority shall publish on the official website of the Union on the Internet 
the following notices of decisions taken in connection with an investigation:  
- about initiation of an investigation;  
- about imposition of a provisional safeguard, a provisional anti -dumping or a 
provisional countervailing duty;  
- about possible application of an anti -dumping duty in accordance with paragraph 104 
of this Protocol or possible application of a countervailing duty in accordance with 
paragraph  169 of this Protocol;  
- about conclusion of a safeguard investigation;  
- about conclusion of an investigation pursuant to which the investigating authority has 
concluded that there are grounds for the imposition of an anti -dumping or 
countervailing measur e or that acceptance of respective undertakings is practical;  
- about conclusion or suspension of an investigation in connection with the acceptance 
of respective undertakings;  
- about termination of an investigation pursuant to which the investigating aut hority 
concluded that there are no grounds for the imposition of a safeguard, anti -dumping 
or countervailing measure;  
- about other decisions taken in connection with an investigation.  
Such notices shall also be sent to the authorised body of the exporting  third country and to 
other interested parties known to the investigating authority.  
262.  The notice of initiation of an investigation shall be published not later than 10 business days 
from the date on which the investigating authority takes the decision to in itiate an investigation 
and shall include:  
1) a complete description of the product subject to investigation ; 
2) the name of the exporting third country ; 
3) a summary of the evidence indicating the existence of increased imports into the 
customs territory of the Un ion and the existence of serious injury or threat thereof to a domestic 
industry of the Member States (in cases where the decision to initiate a safeguard investigation is 
taken);  
4) a summary of the evidence indicating the existence of dumped or subsidized i mports 
and the existence of material injury or threat thereof to a domestic industry of the Member States 
or material retardation of the establishment of a domestic industry of the Member States (in cases 
where the decision to initiate an anti -dumping or c ountervailing investigation is taken);  
5) an address to which interested parties may send their opinion or information relevant 
to an investigation;  
6) a period of 25 calendar days within which the investigating authority shall accept from 
interested parties sta tements of intent to participate in an investigation;  
7) a period of 45 calendar days within which the investigating authority shall accept from 
interested parties requests for public hearings;  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 48 - 
 
  8) a period of 60 calendar days within which the investigating autho rity shall accept from 
interested parties comments and information relevant to an investigation in writing.  
263.  Notice of the imposition of a provisional safeguard, a provisional anti -dumping or a 
provisional countervailing duty shall be published not later th an 3 business days from the date on 
which such decision is taken by the Commission and shall also contain the following information:  
1) the name of the exporter of the product subject to investigation or the name of the 
exporting third country (if it is impra cticable to provide the name of the exporter);  
2) a description of the product subject to investigation which is sufficient for the 
purposes of customs control;  
3) the grounds for the affirmative determination of dumped imports with indication of the 
margin of d umping and a description of the grounds for the methodology used in the calculation 
and comparison of the normal value of the product and its export price (when a provisional 
anti-dumping duty is imposed);  
4) the grounds for the affirmative determination of s ubsidized imports with a description 
of the existence of a subsidy and an indication of the calculated amount of subsidization per unit 
(when a provisional countervailing duty is imposed);  
5) the grounds for the determination of serious or material injury or threat thereof to a 
domestic industry of the Member States or material retardation of the establishment of a domestic 
industry of the Member States;  
6) the grounds for the establishment of a causal relationship between the increased 
imports, the dumped and su bsidized imports, and serious or material injury or threat thereof to a 
domestic industry of the Member States or material retardation of the establishment of a domestic 
industry of the Member States, respectively;  
7) the grounds for the affirmative determina tion of increased imports (when a provisional 
safeguard duty is imposed).  
264.  A notice of possible application of an anti -dumping duty in accordance with paragraph 104 of 
this Protocol or a notice of possible application of a countervailing duty in accordance with 
paragraph 169 of this Protocol shall contain:  
1) a description of the product subject to investigation which is sufficient for the 
purposes of customs control;  
2) the name of the exporter of the product subject to investigation or the name of the 
exporting third country (if it is impracticable to provide the name of the exporter);  
3) a summary of evidence indicating that the conditions specified in paragraph 104 and 
169 of this Protocol are fulfilled.  
265.  A notice of conclusion of a safeguard investigation shall be  published by the investigating 
authority not later than 3 business days from the date of the conclusion of the investigation and 
shall contain the main conclusions made by the investigating authority on the basis of the 
information available to it.  
266.  The no tice of conclusion of an investigation pursuant to which the investigating authority has 
concluded that there are grounds for the imposition of an anti -dumping or countervailing measure 
or that the acceptance of respective undertakings is appropriate shall  be published not later than 
3 business days from the date of the conclusion of the investigation and shall include:  
1) an explanation for the final determination on the results of the investigation made by 
the investigating authority;  
2) a reference to the fact s on the basis of which such determination was made;  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 49 - 
 
  3) the information specified in paragraph 263 of this Protocol;  
4) an indication of the reasons for the acceptance or rejection of arguments and requests 
of the exporters and importers of the product subject t o investigation;  
5) an indication of the reasons for taking decisions in accordance with paragraphs 48 -51 
of this Protocol.  
267.  A notice of termination or suspension of an investigation in connection with the acceptance 
of respective undertakings shall be publish ed not later than 3 business days from the date of the 
termination or suspension of an investigation and shall contain a non -confidential version of these 
undertakings.  
268.  A notice of termination of an investigation pursuant to which the investigating authori ty has 
concluded that there are no grounds for the imposition of a safeguard, anti -dumping or 
countervailing measure shall be published not later than 3 business days from the date of the 
termination of the investigation and shall contain:  
1) an explanation for the final determination pursuant to the investigation made by the 
investigating authority;  
2) a reference to the facts on the basis of which the determination specified in 
subparagraph one of this paragraph was made.  
269.  A notice of the termination of the inv estigation pursuant to which the investigating authority 
takes the decision not to apply a measure in accordance with paragraph 272 of this Protocol shall 
be published not later than 3 business days from the date on which such decision is taken and 
shall i nclude an explanation of the reasons why the Commission has taken the decision not to 
apply a safeguard, anti -dumping or countervailing measure, and indicate facts and conclusions on 
the basis of which such decision has been taken.  
270.  The investigating autho rity shall ensure that all notifications provided for by the Marrakesh 
Agreement Establishing the World Trade Organization of April 15, 1994 with regard to 
investigations and applied measures are notified to the competent authorities of the World Trade 
Organization in accordance with the established procedure.  
271.  The provisions of paragraphs 261 -270 of this Protocol shall apply mutatis mutandis  to the 
notices of the initiation and the conclusion of reviews.  
VII. Non -Application of Safeguard, Anti -Dumping and C ountervailing Measures  
272.  The Commission, pursuant to an investigation, may take a decision not to apply a safeguard, 
anti-dumping or countervailing measure even if the application of such measure meets the criteria 
established by this Protocol.  
Such decision  may be taken by the Commission if the investigating authority, based on the 
analysis of all information provided by interested parties, has made a conclusion that the 
application of such measure may impair the interests of the Member States. This decision  may be 
reviewed in case the reasons which form the basis for taking the decision have changed.  
273.  The conclusion referred to in subparagraph two of paragraph 272 of this Protocol shall be 
based on the results of a cumulative assessment of the interests of a domestic industry of the 
Member States, consumers of the product subject to investigation (if they use the product in their 
production) and associations of such consumers in the Member States, public associations of 
consumers (if the product is mainly cons umed by natural persons) and importers of the product in 
question. Such a conclusion may only be made after the mentioned parties have been given an 
opportunity to comment on the matter in question in accordance with paragraph 274 of this 
Protocol.  
In maki ng such a conclusion, particular importance shall be attached to the elimination of 
distorting effects of increased , dumped or subsidized imports on the ordinary course of trade and G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 50 - 
 
  competition in the relevant market for goods of the Member States and the situation in the 
industry of the Member States.  
274.  For the purposes of application of the provisions of paragraph 272 of this Protocol, the 
producers of the like or directly competitive product (in the case of a safeguard investigation) or 
the like product (i n the case of an anti -dumping or countervailing duty investigation) in the 
Member States, their associations, importers and associations of importers of the product subject 
to investigation a , consumers of the product subject to investigation (if they use such product in 
their production), and associations of such consumers in the Member States, public associations of 
consumers (if such product is mainly consumed by natural persons) shall have the right, within the 
period established in the notice published  in accordance with paragraph 262 of this Protocol, to 
provide their comments and information on the matter. Such comments and information, or their 
non-confidential version, as appropriate, shall be made available to other interested parties 
referred to i n this paragraph, who shall have a right to provide their comments in response.  
The information provided in accordance with this paragraph shall be taken into consideration 
regardless of its source, provided that there are objective facts supporting its a ccuracy.  
VIII. Final Provisions  
1. Judicial Review of Decisions on Application of Safeguard,  
Anti-Dumping and Countervailing Measures  
275.  The procedure and particularities for the appeal of decisions of the Commission and/or 
action (inaction) of the Commission  relating to the application of safeguard, anti -dumping and 
countervailing measures shall be determined by the Statute of the Court of the Union (Annex No. 2 
to the Treaty) and by the Regulation of the Court of the Union.  
2. Implementation of Decisions of Court of the Union  
276.  The Commission shall take necessary measures to implement the decisions of the Court of 
the Union concerning the application of safeguard, anti -dumping and countervailing measures. The 
decision of the Commission deemed by the Court of th e Union to be inconsistent with the Treaty 
and/or international treaties within the framework of the Union shall be brought by the 
Commission into conformity with the Treaty and/or international treaties within the framework of 
the Union by way of carrying  out a review at the initiative of the investigating authority in so far as 
required for the implementation of the decision of the Court of the Union.  
The provisions relating to the conduct of an investigation shall apply mutatis mutandis  to the 
conduct of  the review.  
The period of carrying out a review under this paragraph shall not , as a rule, exceed 
9 months.  
3. Administration of Investigation  
277.  For the purposes of the implementation of this Protocol, the Commission shall take decisions 
on initiation, cond uct, conclusion and/or suspension of an investigation. The decisions taken by the 
Commission shall not alter or contradict the provisions of the Treaty.  
_______________  
 G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 51 - 
 
  ANNEX  TO THE PROTOCOL ON A PPLICATION OF  SAFEGUARD,  
ANTI -DUMPING AND COUNTERV AILING ME ASURES  
WITH RESPECT TO THIR D COUNTRIES  
REGULATION  ON TRANSFER AND DIST RIBUTION OF SAFE GUARD,  
ANTI-DUMPING, COUNTERVAIL ING DUTIES  
I. General Provisions  
1. This Regulation determines the procedure for transfer and distribution between the Member 
States of t he amounts of the safeguard, anti -dumping and countervailing duties imposed in 
accordance with Section IX of the Treaty on the Eurasian Economic Union (hereinafter – "the 
Treaty "). The indicated procedure for transfer and distribution of the amounts of saf eguard, 
anti-dumping, countervailing duties between the Member States shall also apply to the amounts of 
penalties (interest) accrued on the amounts of safeguard, anti -dumping, countervailing duties in 
cases and in accordance with the procedure provided fo r in the Customs Code of the Eurasian 
Economic Union.  
2. The terms used in this Regulation shall have the meaning defined in the Protocol on the 
procedure for transfer and distribution of import customs duties (other duties, taxes and fees 
having equivale nt effect) and their transfer to the budgets of the Member States (Annex No. 5 to 
the Treaty), Protocol on the application of safeguard, anti -dumping and countervailing measures to 
third countries (Annex No. 8 to the Treaty) and the Customs Code of the Eur asian Economic Union.  
II. Transfer and Accounting of Amounts of Safeguard,  
Anti-Dumping , Countervailing Duties  
3. From the date of entry into force of the decision of the Commission on application of 
safeguard, anti -dumping, countervailing measure the amou nts of safeguard, anti -dumping, 
countervailing duties (except for provisional safeguard, provisional anti -dumping, provisional 
countervailing duties) the obligation to pay which in respect of products imported into the customs 
territory of the Union arises  from the date of application of the respective measure, shall be 
transferred, distributed to the budgets of the Member States in order and according to the 
distribution ratios defined in the Protocol on the procedure for transfer and distribution of impor ts 
customs duties (other duties, taxes and fees having equivalent effect) and their transfer to the 
budgets of the Member States (Annex No. 5 to this Treaty) taking into account particularities 
specified by this Regulation.  
4. In cases where the amounts o f distributed safeguard, anti -dumping, countervailing duties 
are not transferred or incompletely transferred to the budget of other Member States within the 
determined time limits and the information from authorised body of that Member State on the 
absence  of amounts  of safeguard anti -dumping, countervailing duties is not provided, the 
provisions of paragraphs 20 -28 of the Protocol on the procedure for transfer and distribution of 
imports customs duties (other duties, taxes and fees having equivalent effect ), their transfer to 
the budgets of the Member States (Annex No. 5 to the Treaty) specified for transferring and 
distribution of the customs import duties between Member States shall be applied.  
5. The amounts of safeguard, anti -dumping, countervailing dut ies shall be transferred in the 
national currency to the single account of the authorised body of the Member State in which they 
are to be paid in accordance with the Customs Code of the Eurasian Economic Union, including the 
recovery of such duties.  
6. Safeguard, anti -dumping, countervailing duties shall be paid by payers to single account of 
the authorised body to which they are to be paid in accordance with the Customs Code of the 
Eurasian Economic Union, under separate settlement (payment) documents (in structions).  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 52 - 
 
  7. Safeguard, anti -dumping, countervailing duties may not be offset against any other 
payments, except for the offset against arrears of the payers for customs fees and fines (percent) 
(hereinafter  – "offset against arrears "). 
8. Taxes and fee s, other payments (excluding import customs duties and export customs 
duties on crude oil and certain categories of goods produced from oil (petroleum) and exported 
outside the customs territory of the Union), received on the single account of the authoris ed body 
of the Member State in which they are to be paid in accordance with the Customs Code of the 
Eurasian Economic Union may be offset for payment of safeguard, anti -dumping, countervailing 
duties.  
Import customs duties may be offset against arrears of  payers for safeguard, anti -dumping, 
countervailing duties.  
9. Authorised bodies  shall separately register:  
1) inpayments (refunds, offsets against arrears) of safeguard, anti -dumping, countervailing 
duties on the single account of the authorised body; 
2) distributed amounts of safeguard, anti -dumping, countervailing duties transferred to 
foreign currency accounts of other Member States;  
3) revenues transferred to the budget of the Member State from the distribution of 
safeguard, anti -dumping, countervaili ng duties by the Member State;  
4) amounts of safeguard, anti -dumping, countervailing duties received in the budget of a 
Member State from other Member States;  
5) default interest received in the budget of Member States for infringement provisions of 
this Regulation, which caused failure, incomplete and (or) untimely fulfilment  of the obligations of 
a Member State to transfer amounts from distribution of safeguard, anti -dumping, countervailing 
duties;  
6) distributed safeguard, anti -dumping, countervailing d uties the transfer of which to foreign 
currency accounts of other Member States has been suspended.  
10. The amounts of revenues indicated in paragraph 9 of this Regulation shall be registered 
separately in the report on implementation of the budget of eac h Member State.  
11. Amounts of safeguard, anti -dumping, countervailing duties received on the single account of 
the authorised body on the last business day of a calendar year of a Member States shall be 
included in the report on implementation of the budg et for the reporting year.  
12. Amounts of distributed safeguard, anti -dumping, countervailing duties for the last business 
day of the calendar year of a Member State shall be transferred no later than on the second 
business day of the current year of the M ember State to the budget of this Member State and to 
foreign currency accounts of other Member States and shall be included in the report on 
implementation of the budget for the reporting year.  
13. Revenues from the distribution of safeguard anti -dumping,  countervailing duties received in 
the budget of a Member State from the authorised bodies  of other Member States for the last 
business day of a calendar year of other Member States shall be included in the report on 
implementation of the budget for the cu rrent year.  
14. No funds may be recovered from the single account of the authorised body in execution of 
judicial acts or otherwise, except in cases of arrears collection for customs fees, safeguard, 
anti-dumping and countervailing duties, as well as penal ties (interest) in accordance with the 
Customs Code of the Eurasian Economic Union.  
15. Provisional safeguard, provisional anti -dumping, provisional countervailing duties shall be 
paid (recovered) in the national currency to the account specified by the le gislation of the Member G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 53 - 
 
  State customs authorities of which levies provisional safeguard, provisional anti -dumping, 
provisional countervailing duties.  
16. In cases specified in the Protocol on the application of safeguard, anti -dumping and 
countervailing me asures to third countries (Annex No. 8 to the Treaty) the amounts of paid 
(recovered) provisional safeguard, provisional anti -dumping, provisional countervailing duties, as 
well as anti -dumping, countervailing duties paid in the manner prescribed for the l evying of 
appropriate types of provisional duties shall be offset for payment of safeguard, anti -dumping, 
countervailing duties and transferred to the single account of the authorised body of the Member 
State in which they were paid, not later than 30 busi ness days from the date of entry into force of 
the Commission's decision on application (extension of the measure, extension on parts and (or) 
modifications of the product) of safeguard, anti -dumping, countervailing measures.  
In the cases specified in the Protocol on the application of safeguard, anti -dumping and 
countervailing measures to third countries (Annex No. 8 to the Treaty) amounts to secure the 
payment of anti -dumping duties shall be offset to anti -dumping duties and transferred to the 
single acco unt of the authorised body of the Member State in which they were paid, not later than 
30 business days from the date of entry into force of the relevant decision of the Commission on 
the application of anti -dumping measure.  
III. Refund of Safeguard, Anti -Dumping  and Countervailing Duties  
17. Amounts of provisional safeguard, provisional anti -dumping, provisional countervailing 
duties, as well as anti -dumping, countervailing duties paid in the manner prescribed for the levying 
of provisional anti -dumping a nd provisional countervailing duties shall be refunded in cases 
specified in the Protocol on the application of safeguard, anti -dumping and countervailing 
measures to third countries (Annex No. 8 to the Treaty), in accordance with the legislation of the 
Member States in which such duties were paid (recovered), unless otherwise specified by the 
Customs Code of the Eurasian Economic Union.  
18. Refund of safeguard, anti -dumping, countervailing duties shall be carried out in accordance 
with the legislation of t he Member State in which such duties were paid (recovered), unless 
otherwise specified by the Customs Code of the Eurasian Economic Union, taking into account the 
provisions of this Regulation.  
19. Refund of amounts of safeguard, anti -dumping, countervaili ng duties to the payer, their 
offset against arrears shall be carried out from the single account of the authorised body in the 
current day within the amounts of safeguard, anti -dumping, countervailing duties received on the 
single account of the authorise d body, as well as the amounts offset against safeguard, 
anti-dumping, countervailing duties in the reporting day, taking into account the amount of refund 
of safeguard, anti -dumping, countervailing duties not approved by the national (central) bank for 
execution on the reporting day, except for the cases specified in the paragraph 20 of this 
Regulation.  
20. Refund of the amounts of safeguard, anti -dumping, countervailing duties to the payer, their 
offset against arrears are carried out from the single acc ount of the authorised body of the 
Republic of Kazakhstan on the reporting day within amounts of safeguard, anti -dumping, 
countervailing duties received (offset) to the single account of the authorised body of the Republic 
of Kazakhstan on the day of the r efund (offset).  
21. Determination of the amounts of refund of safeguard, anti -dumping, countervailing duties to 
be refunded and (or) offset against arrears in the current day shall be determined prior to the 
distribution of received safeguard, anti -dumping , countervailing duties between the budgets of the 
Member States.  
22. In case of insufficient  funds for the refund of safeguard, anti -dumping, countervailing duties 
and (or) their offset against arrears in accordance with paragraphs 19 and 20 of this Regul ation, 
the refund (offset) shall be carried out by a Member State in subsequent business days.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 54 - 
 
  Penalties (interest) for untimely refund to the payer of safeguard, anti -dumping, 
countervailing duties shall be paid from the budget of that Member State to th e payer and shall 
not be included in the safeguard, anti -dumping, countervailing duties.  
IV. Exchange of Information Between Authorised Bodies  of the Member States  
23. The exchange of information between the authorised bodies  required for the implementatio n 
of this Regulation shall be carried out in accordance with the decision of the Commission 
determining the procedure, form and timing of the exchange of such information.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 55 - 
 
  (3) Decision of the EEC Board of 7 March 2012  No. 1 " On some issues of safeguard , 
antidumping and countervailing measures in the common customs territory of the 
Customs Union"  
Decision  
7 March 2012  
No. 1  
 
On some issues of safeguard, antidumping and countervailing measures  
in the common customs territory of the Customs Union  
 
Board of Eurasian Economic Commission decided:  
1. Authorize as the body responsible for the investigation prior to the introduction of safeguard, 
antidumping and countervailing measures in the common customs territory of the Customs Union 
(hereinafter - the investi gation), assigned to the Department of Protective Measures in Foreign 
Trade of Secretariat of the Commission of the Customs Union Customs Union Commission Decision 
of 23  September 2011 No. 802, the Department for Internal Market Defense of the Eurasian 
Economic Commission, and entrust it upon the date of entry into force of this Decision, the 
investigation and other procedures within the authority granted to that authority by the Agreement 
on the application of safeguard, antidumping and countervailing meas ures in relation to third 
countries on 25 January 2008 and other laws and regulations that form the legal base of the 
Customs Union with safeguard, antidumping and countervailing measures.  
2. Approve:  
Provision for the use and protection of confidential in formation and proprietary information of 
limited distribution in the body responsible for investigating (attached);  
Regulation making and draft decisions of the Eurasian Economic Commission for safeguard, 
antidumping and countervailing measures (attached).  
3. Consider paragraphs 1, 2 and 4 of the Customs Union Commission Decision of 
23 September  2011 No. 802 to be expired.  
 
Chairman V.B. Khristenko  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 56 - 
 
  (4) Provision for the use and protection of confidential information and proprietary 
information of limited d istribution in the body responsible for investigating of 
7 March  2012  
Approved by  
Decision of the Board  
Eurasian Economic Commission  
of 7 March 2012 No. 1  
Provision on the use and protection of confidential information and  
proprietary information of limit ed distribution in the  
body responsible for investigations  
 
1. General provisions  
1.1. This Regulation determines the treatment of documents that contain confidential and 
proprietary information of limited distribution, regulates the relations connected w ith the 
protection of the information received and used by the body responsible for investigations 
(hereinafter - the authority conducting the investigations) for the purpose of processing 
applications for safeguard, anti -dumping or countervailing measures , investigations, as well as 
perform other procedures involving the use of safeguard, antidumping and countervailing 
measures in a single customs territory of the Customs Union.  
1.2. For the purposes of this Regulation, the following definitions:  
- Confide ntial information - limited access, is not classified as a state secret (state secrets), 
provided on a confidential basis by the applicants, participants in the investigation or other 
interested persons to the authority conducting investigations, or inform ation provided at the 
request of the authority conducting the investigations, the competent authorities or 
authorized member -states of the Customs Union, as defined in Article 1 of the Protocol on 
the procedure for granting the authority conducting the inv estigations, the information 
contained, including confidential information, for the purposes of investigation, prior to the 
introduction of safeguard, antidumping and countervailing measures, in relation to third 
countries of 19  November 2010 (hereinafter - the competent or authorized bodies of the 
states - members of the Customs Union), which is classified in accordance with the laws of a 
member -state of the Customs Union to the commercial or other legally protected 
information (secret);  
- Proprietary info rmation of limited distribution - information that is not classified as a state 
secret (state secrets), provided the authority conducting the investigations, the competent 
or authorized bodies of the member -states of the Customs Union, referred to under th e laws 
of the state - a member of the Customs Union to the limited distribution of proprietary 
information;  
- The protection of confidential information and proprietary information of limited 
distribution  - the adoption of legal, organizational and technic al measures aimed at 
eliminating improper disclosure, access, destruction, modification, copying, and other unjust 
acts in relation to such information;  
- Disclosure of confidential information and (or) proprietary information of limited 
distribution  - the act or omission of the head and (or) the officials of the authority 
conducting the investigations, as a result of which the information in any way possible 
(oral,  written or other form, including the use of technical tools) becomes known to others.  
1.3. Confidential information and proprietary information of limited distribution can be used only 
for the purposes for which such information was requested by the authority conducting the 
investigations or for which it was provided to this authority by the part ies on a voluntary basis.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 57 - 
 
  1.4. Authority conducting the investigations shall not disclose confidential information without the 
written consent of the person or body provided it.  
1.5. This provision shall not preclude the disclosure by the authority conduct ing investigations 
the reasons underlying the decision of the Eurasian Economic Commission (hereinafter - EEC), or 
evidence relied upon EEC, to the extent that is necessary to explain those reasons or evidence in 
court authorized to review claims in the fr amework of the Agreement on the application of 
safeguard, antidumping and countervailing measures against third countries from 
25 January  2008.  
1.6 The procedure for documents that contain confidential information, and (or) proprietary 
information of limit ed distribution that protects such information, set the documents the authority 
conducting the investigations, in accordance with the provisions of it.  
1.7. Responsibility for the organization of work for the protection of confidential information and 
proprietary information of limited distribution in accordance with the regulations rests with the 
head of the authority conducting the investigations.  
1.8. This provision applies to all structural units of the authority conducting the investigations.  
2. Proced ure of access to confidential information, responsibilities of staff admitted 
to confidential and proprietary information of limited distribution  
2.1. The head and employees of the authority conducting the investigations shall:  
- read by hand with this pro vision and other documents of the authority conducting the 
investigations, on the protection of confidential and proprietary information of limited 
distribution;  
- sign an individual written undertaking not to disclose confidential information in 
complianc e with Appendix hereto, in duplicate, one for the head or for the employee 
of the authority conducting the investigations, the second is kept on personal file of 
the head or employee not less than 3 years after his dismissal.  
2.2. The head and employees of  the authority conducting the investigations are not allowed to 
work with confidential information to meet the requirements established by subparagraph 2.1 of 
the Regulation.  
2.3. The head and employees of the authority conducting the investigations shall:  
- not disclose confidential information and proprietary information of limited 
distribution;  
- comply with the treatment of documents that contain confidential information, and 
(or) proprietary information of limited distribution, installed in a body cond ucting an 
investigation;  
- comply with the rules for dealing with the protection of information and access to 
documents in electronic form, contains confidential information and (or) proprietary 
information of limited distribution, in its treatment;  
- take measures to protect confidential information and proprietary information of 
limited distribution, hindering its unauthorized disclosure.  
3. Access to confidential information and proprietary information of limited 
distribution  
3.1. The head of the authori ty conducting the investigations, and his deputies have access to 
confidential information and proprietary information of limited distribution in full.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 58 - 
 
  3.2. Access level of employees of the authority conducting the investigations, confidential 
information and proprietary information of limited distribution is limited to the extent necessary for 
the performance of their duties.  
3.3. List of officials of the authority conducting the investigations, with access to confidential 
information and (or) the overhead  of limited distribution within the application on the application 
of safeguard, antidumping or countervailing measures, conduct investigations, and perform other 
procedural actions related to the use of the common customs the Customs Union of safeguard, 
antidumping and countervailing measures, determined by the head of the authority conducting 
investigations or his deputy.  
4. Responsibility of the head and employees for disclosing confidential information 
and proprietary information of limited distribution  
4.1. For willful or negligent disclosure of confidential information and (or) the overhead of limited 
distribution, as well as a violation of procedures for handling documents that contain such 
information the head and employees of the authority conductin g the investigations, subject to 
disciplinary liability in the form of dismissal from office, in accordance with the laws of the 
member -state of the Customs Union, where the authority conducting the investigations is situated.  
4.2. It shall be conducted of ficial investigation on the facts of the disclosure of confidential 
information and (or) proprietary information of limited distribution or on violation of procedures for 
handling documents that contain such information which shall be resulted if necessary  in 
appropriate decisions.  
4.3. The head or employees of the authority conducting the investigations, in breach of its 
obligations to disclose confidential information shall be deprived of the immunity provided by the 
Convention on the Privileges and Immun ities of the Eurasian Economic Community, on 
31 May 2001, and for the disclosure of confidential information in the sphere which is a secret 
protected by the law of the member -state of the Customs Union, subject to administrative, civil or 
criminal liabili ty under the law of a Member State of the Customs Union, in which the body 
conducting the investigation.  
5. Requirements for the treatment of documents that contain confidential information 
and proprietary information of limited distribution  
5.1. Documents  containing confidential information should be reported to investigators should be 
marked "Confidential," which appears in the upper right corner of each page.  
Documents containing proprietary information of limited distribution should be reported to the 
authority conducting investigation processed in accordance with the laws of the member -state of 
the Customs Union.  
The sender shall specify the name of the authority conducting the investigations on mailing 
envelopes containing confidential information or p roprietary information of limited distribution.  
5.2. Correspondence addressed to the authority conducting the investigations, the service 
received by the office of EEC, the day of its receipt is transferred to the recipient without opening 
envelopes.  
In th e case of postal delivery courier officer responsible for correspondence of the authority 
conducting the investigations, is called to the EEC service office for correspondence under his 
signature.  
5.3. Outgoing documents the authority conducting the invest igations, confidential information of 
interested parties should be marked "Confidential," which appears in the upper right corner of each 
page.  
The above documents deposited authority conducting the investigation, with the ECE office in 
sealed envelopes, d ecorated in the manner prescribed in the state - the customs union, in which G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 59 - 
 
  the body conducting an investigation, to send by registered mail with return receipt to the 
recipient.  
Notification of delivery to the addressee letter received by the service off ice of ECE, the day of its 
receipt is transmitted to the body conducting the investigation.  
5.4. Registration and recording of documents containing confidential information, and incoming 
documents that contain proprietary information of limited distributio n, is in a body conducting an 
investigation, separate from other documents.  
5.5. Outgoing documents of the authority conducting the investigations, containing confidential 
information and (or) proprietary information of limited distribution, sent to the go vernment of the 
member -states of the Customs Union, the competent or authorized bodies, specified in 
paragraph  1.2 of this provision, the Chairman and members of the Board of ECE, are formed as 
documents containing proprietary information of limited distri bution, marked "For Official Use 
Only" and indicating the number of copies.  
Registration of such documents shall be in the manner prescribed in EEC for documents containing 
proprietary information of limited distribution.  
5.6. The treatment of documents c ontaining confidential information and (or) proprietary 
information of limited distribution in the authority conducting the investigations, provides:  
- implementation of registration and recording of documents containing confidential 
information, and (or) proprietary information of limited distribution, including copies 
thereof;  
- restriction on reproduction (replication) of documents containing confidential 
information and proprietary information of limited distribution;  
- transfer under a list of document s containing confidential information, and (or) 
proprietary information of limited distribution, and copies thereof;  
- ensuring proper storage of documents containing confidential information and (or) the 
proprietary information of limited distribution, an d copies thereof;  
- monitoring implementation of measures to ensure the protection of confidential 
information and proprietary information of limited distribution, including processed 
with computer equipment.  
5.7. Work actions with confidential and proprie tary information of limited distribution in electronic 
form are carried out in the local network of the authority conducting the investigations, with the 
comprehensive protection of electronic documents.  
5.8. It is prohibited placing documents containing c onfidential information and (or) the 
proprietary information of limited distribution, in the Internet and the local network of EEC, as well 
as access to the network of the authority conducting the investigations, from the Internet or local 
EEC network.  
5.9. IT officers and technical support are admitted to facilities containing confidential information 
and (or) the proprietary information of limited distribution, to the extent necessary to ensure 
functioning the hardware and software products.  
_____________ __ G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 60 - 
 
  ANNEX  
 
COMMITMENT  
Confidentiality  
I, ___________________________________________________________  
(Name of Officer)  
Acting on work status  
________________________________________________ ________ ______________________  
____________________________________ _______________ ___________________________  
(Title, name of the structural unit)  
 
warned that during the period of performance of official duties I will be given access to confidential 
information.  
I hereby voluntarily assume the following responsibilities :  
Not disclose to third parties confidential information coming to my knowledge in the exercise of 
official duties.  
1. Comply with regulations governing the issues of treatment and protection of confidential 
information.  
2. In the case of third -party atte mpts to get sensitive information from me immediately inform 
the supervisor in writing or orally.  
3. Do not use confidential information for the purpose of obtaining a personal benefit.  
4. After termination of the right to access to confidential informatio n not to disclose or transfer 
to third parties.  
5. Upon termination or termination of the employment contract pass on all available in my use 
of the media of confidential information.  
I am aware that in the event of a breach of these obligations I will be prosecuted to disciplinary 
actions, may be deprived of immunity established by the Convention on the Privileges and 
Immunities of the Eurasian Economic Community, on 31  May 2001, and involved to administrative, 
civil or criminal liability under the law of the member -state of the Customs Union, where the 
authority conducting the investigation is situated.  
Signature,  
date 
____________  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 61 - 
 
  (5) Regulation making and draft decisions of the Eurasian Economic Commission for 
safeguard, antidumping and countervailing m easures of 7 March 2012  
Approved by  
Decision of the Board  
Eurasian Economic Commission  
of 7 March 2012 No. 1  
 
Regulation on decision -making and preparation of draft decisions  
of Eurasian Economic Commission on safeguard, antidumping  
and countervailing mea sures  
 
This Regulation is aimed at implementing the provisions of the Agreement on the application of 
safeguard, antidumping and countervailing measures against third countries from 25 January 2008 
(hereinafter - Agreement) and other international treaties  of member - states of the Customs 
Union, constituting the legal framework of the Customs Union, and defines the procedure for 
making decisions and carrying out other activities related to the initiation and conduction of 
investigations prior to the imposi tion of safeguard, antidumping and countervailing measures on 
the single customs territory of the Customs Union (hereinafter - the investigations), as well as the 
preparation of the draft decisions of the Eurasian Economic Commission (hereinafter - EEC) ta ken 
in accordance with the legal regulations constituting the legal framework of the Customs Union on 
safeguard, antidumping and countervailing measures (hereinafter - the EEC draft decisions on 
safeguard, antidumping and countervailing measures).  
1. Decis ion-making related to initiation and conduction of investigations  
1.1. Decisions to initiate an investigation, including review, the refusal to conduct it, the 
extension of the investigation and its termination in the absence of grounds for application, re view 
or cancellation of a safeguard, antidumping or countervailing measure shall be taken by order of 
the Director of the Department for Internal Market Defense of the EEC (hereinafter - the Director 
of the Department) in coordination with the Board Member  (Minister) of the Trade.  
1.2. The decision to deny the submission on the application of safeguard, antidumping or 
countervailing measure is adopted by the Director of the Department.  
1.3. Notification to the applicant about the decision to refuse to cond uct an investigation or to 
deny the submission is carried out by a letter signed by the Director of the Department with 
specification on reasons and grounds for such decisions within the terms provided by the 
Agreement.  
1.4. The results of investigations, including provisional, are prepared in the form of reports 
signed by the Director of the Department in confidential and non -confidential versions.  
1.5. Submissions, notifications and other correspondence with applicants, participants of the 
investigation, authorized and competent authorities of member - states of the Customs Union, 
arising from the provisions of the Agreement and other international treaties of member - states of 
the Customs Union, constituting the legal framework of the Customs Union, are signed by the 
Director of the Department or the Board Member (Minister) of the Trade (if necessary).  
2. Carrying out certain procedural actions prior to the imposition of safeguard, 
antidumping and countervailing measures against products originating from foreign 
countries and destined for the single customs territory of the Customs Union.  
2.1 Notice of receipt of the submission on the application of safeguard, antidumping or 
countervailing measure shall be sent to the competent authorities of the member -states of the 
Customs Union within five working days from the date of registration of the submission in the 
Department with signature of the Director of the Department.  Notice of receipt of the submission 
shall contain the name and classification code CN CU of the product for which submission is filed 
and the name of the exporting foreign country (exporting foreign countries).  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 62 - 
 
  2.2 Notice of initiation of an investigation, including a review, and non -confidential version of the 
submission are sent within 5 wor king days from the date of initiation of an investigation by the 
competent authorities of the member - states of the Customs Union for the purpose of transferring 
them to interested parties - participants of the investigation of member - states of the Cust oms 
Union.  
2.3. Notice of public hearings held pursuant to the Agreement shall be addressed to the 
competent authorities of the member - states of the Customs Union signed by the Director of the 
Department no later than 15 calendar days before the public h earings.  
2.4. Draft decisions of the EEC on safeguard, antidumping and countervailing measures shall be 
sent to the authorized bodies of member - states of the Customs Union within the period of 
investigation specified by the Agreement:  
- on the imposition  and application of provisional special duty - not later than 
45 calendar days from the date of initiation of the investigation;   
- on the imposition and application of a safeguard measure - not later than 
210 calendar days from the date of initiation of t he investigation;  
- on the imposition and application of provisional antidumping or countervailing duties - 
not later than 150  calendar days from the date of initiation of the investigation;  
- on the imposition and application of antidumping or countervail ing measures - not 
later than 270  calendar days from the date of comm encement of the investigation;  
- on the extension of the application of antidumping or countervailing measure for the 
period of a review - not later than 90 calendar days prior to the ex piry of the 
antidumping or countervailing measure;  
- on non -application of a safeguard, antidumping or countervailing measures in 
accordance with the provisions of Article 40 of the Agreement - not later than 
60 calendar days prior to the expiry of the inv estigation specified by the Agreement.  
2.5. Draft decisions of the EEC on safeguard, antidumping or countervailing measures sending to 
the competent authorities of the member - states of the Customs Union shall be attached by 
relevant reports prepared on t he results of the investigation, including those containing 
preliminary findings.  
2.6. Draft decisions of the EEC on safeguard, antidumping or countervailing measures are 
considered at the meeting of advisory body on trade issues.  
2.7. Draft decisions of EEC are considered at the meeting of the advisory body on trade issues 
not later than 40 calendar days from the date of the draft decisions' dispatch to the authorized 
bodies of the member - states of the Customs Union.  
2.8. Confidential version of the rep ort of the investigating authority, prepared according to the 
results of the investigation, including those containing preliminary findings, are sent to the Board 
Members in the format of a document containing privileged information of limited distribution . 
The Board Members have the right to determine one representative from the staff of the EEC for 
the examination of reports prepared by the investigating authority, according to the results of the 
investigation, including those containing preliminary findi ngs. 
The Board Members and their representatives shall use relevant information in the specified 
manner and shall be responsible for the disclosure and use for purposes not related to official of 
such information in accordance with Article 16 of the Treaty  on the Eurasian Economic 
Commission.  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 63 - 
 
  (6) Board of EEC Decision No. 44 of 16 May 2012 " On some issues of protection of the 
domestic market"  
Decision  
16 May 2012 No. 44, Moscow  
On some issues of protection of the domestic market  
Board of Eurasian Economic C ommission decided:  
1. Instructed the Department for Internal Market Defense of the Eurasian Economic 
Commission to complete in the prescribed manner the investigations carried out by the authorized 
bodies of the Customs Union members -states, referred to in  paragraph 3 of the Customs Union 
Commission Decision of 17  August 2010 No. 339, and investigations have not been completed 
before 1 July 2012, after receipt of the documents and materials referred to in paragraph 2 above.  
2. Requests Parties to the transf er from the authorized bodies of the Customs Union members -
states, referred to in paragraph 1 of this Decision, to the for Internal Market Defense of the 
Eurasian Economic Commission documents and materials with due protection of confidential 
information:  
- Investigations carried out by the authorized bodies of the Customs Union countries 
and not completed before the period specified in paragraph 1 of this decision - until 
6 July 2012;  
- Investigation (reviews), completed by the authorized bodies of the Cus toms Union 
members -states before 1 July 2012, the decision on which is not taken of the 
Eurasian  Economic Commission - until 6 July 2012;  
- On measures to protect the domestic market, operating in a single customs territory 
of the Customs Union - before 31  July 2012.  
3. Consider the Decision of the Commission of the Customs Union of 23 September 2011 
No. 802 "On some issues of safeguard, antidumping and countervailing measures in the common 
customs territory of the Customs Union" to be repealed from 1 July 2012. 
4. This Decision shall enter into force thirty days after the date of its official publication.  
Chairman V.B. Khristenko  G/ADP/N/1/KGZ/3 • G/SCM/N/1/KGZ/3 • G/SG/N/1/KGZ/3  
 
- 64 - 
 
  (7) Section VI to Annex No. 1 to the Protocol on Conditions and Transitional Clauses 
Pertaining to Application by the Kyrgyz Rep ublic of the Treaty on the Eurasian Economic 
Union of 29 May 2014, Certain International Treaties Forming Part of the Law of the 
Eurasian Economic Union and Legal Acts of the Bodies of the Eurasian Economic Union 
Following the Accession of the Kyrgyz Repub lic to the Treaty on the Eurasian Economic 
Union of 29 May 2014 (Conditions and Transitional Clauses)1 
Annex No. 1  
to the Protocol on Conditions and Transitional Cl auses Pertaining to Application  
by the Kyrgyz Republic of the Treaty  on the Eurasian Economi c Union  
of 29 May 2014, Certain Internation al Treaties Forming Part of the  
Law of the Eurasia n Economic Union and Legal Acts of the  
Bodies of the Eu rasian Economic Union Following  
the Accession of th e Kyrgyz Republic to the Treaty  
on the Eurasian Economic Union of 29 May 2014  
 
VI. Issues pertaining to Application of Safeguard,  
Anti-Dumping and Countervailing Measures  
49. The authority responsible for conducting investigations preceding imposition of 
safeguard, anti -dumping, and countervailing measures in the cu stoms territory of the Eurasian 
Economic Union may carry out, on its own initiative or upon an application of an interested party, 
and in accordance with the Protocol on Application of Safeguard, Anti -Dumping, and Countervailing 
Measures with respect to Th ird Countries (Annex No. 8 to the Treaty on the Eurasian Economic 
Union of 29 May 2014), a review of safeguard, anti -dumping, and countervailing measures applied 
in the Eurasian Economic Union on the date of entry into force of the Treaty.  
A decision to la unch such a review may be taken only in case when there is sufficient 
evidence that taking into account of the data on the market of the Kyrgyz Republic for the 
purposes of an investigation, which resulted in a decision to apply safeguard, anti -dumping, or  
countervailing measure, would result in a significant change in the grounds for imposition of the 
respective measure.  
The review specified in the first sub -paragraph of this paragraph shall not be subject to the 
provisions of paragraphs 35, 110, and 175 o f the Protocol on Application of Safeguard, 
Anti-Dumping, and Countervailing Measures with respect to Third Countries (Annex 8 to the Treaty 
on the Eurasian Economic Union of 29 May 2014), which define the minimum time period that 
must lapse before a revie w of safeguard, anti -dumping or countervailing measure may be 
launched.  
Decisions of the Eurasian Economic Commission to apply safeguard, anti -dumping, or 
countervailing measures, which were taken after the entry into force of the Treaty as a result of 
investigations conducted in the customs territory of the Eurasian Economic Union on the date of 
entry into force of the Treaty, shall be subject to direct application in the territory of the 
Kyrgyz  Republic and may be reviewed in accordance with the procedure  specified in the first, 
second, and third sub -paragraphs of this paragraph.  
From the date of entry into force of the Treaty, the amounts of import quotas established as 
safeguard measures shall be adjusted in line with the volumes of imports of the respec tive 
products to the Kyrgyz Republic from third countries during the period from 2012 to 2014.  
Decisions of the Government of Kyrgyz Republic to apply safeguard measures shall remain in force 
until the date of entry into force of the Treaty.  
 
__________  
                                                
1 The term "Treaty" referred to in paragraph 49 of Annex No. 1 means the Treaty on the Accession of 
the Kyrgyz Republic to the Treaty on the Eurasian Economic Union of 29 May 2014.