WORLD TRADE  
ORGANIZATION   
G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 
G/SG/N/1/RUS/1 3 October 2012 
 
(12-5357) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Committee on Safeguards Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
 
RUSSIAN FEDERATION 
 
  The following communication, dated 13 Septembe r 2012, is being circulated at the request of 
the Delegation of the Russian Federation.  
_______________ 
 
 
I. RELEVANT LAWS AND REGULATIONS 
 Pursuant to Article 18.5 of the Agreement on Implementation of Article VI of the General 
Agreement on Tariffs and Trade 1994, Article 32.6 of the Agreement on Subsidies and Countervailing 
Measures and Article 12.6 Agreement on Safegua rds please find attached texts of laws and 
regulations as of 22 August 2012.   The English text of the attached laws and regul ations is not an officially translated text. 
 II. TRANSPARENCY 
1. The Department for Internal Market Defe nse of the Eurasian Economic Commission is the 
responsible authority for conducting safeguard, antidumping and countervailing investigations. 
 
Address:  Smolensky bulvar, 3/5, Moscow, Russian Federation, 119121 
Tel:  7 495 604 40 38 (*1272)  
Fax:  7 495 604 40 38 (*1109) Website:  www.tsouz.ru 
 2. Notifications of the responsible authority concerning safeguard, antidumping and countervailing actions are publishe d on the website of the Eurasian Economic Community at 
http://www.tsouz.ru . 
 
The list of laws and regulations:  1. Agreement on the application of safeguard s, antidumping and countervailing measures 
against third countries of 25 January 2008; 
 2. Agreement on the application of safegua rd, antidumping and countervailing measures in 
transitional period of 19 November 2010; 
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  3. CU Commission Decision No. 339 of 17 August 2010 "On the application of safeguard, 
antidumping and countervailing measures the common customs territory of the Customs Union within EurAsEC"; 
 
4. 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"; 
 
5. Provision for the use and protection of confid ential information and proprietary information 
of limited distribution in the body responsible for investigating of 7 March 2012; 
 6. Regulation making and draft decisions of th e Eurasian Economic Commission for safeguard, 
antidumping and countervailing measures of 7 March 2012; 
 
7. Board of EEC Decision No. 44 of 16 May 2012 "On some issues of protection of the 
domestic market" 
 8. Protocol on granting authority conducting th e investigation, the data containing including 
confidential information for the purpose of investigation, prior to the introduction of 
safeguard, antidumping and countervailing meas ures in relation to third countries of 
19 November 2010.  G/ADP/N/1/RUS/1 
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  AGREEMENT 
ON THE APPLICATION OF SAFEGUARDS, ANTIDUMPING AND 
COUNTERVAILING MEASURES AGAINST THIRD COUNTRIES  
 
(MOSCOW, 25 JANUARY 2008) 
 
The member-states of the Customs Union within the Eurasian Economic Community, 
hereinafter referred to as the Parties, 
have agreed as follows: 
I. GENERAL PROVISIONS 
Article 1 
Scope 
1. This Agreement regulates the relations ar ising in connection with the imposition and 
application of safeguard, antidum ping and countervailing measures ag ainst products originating from 
foreign countries and destined for the single customs territory of the Customs Union. 
2. This Agreement does not regulate relations re lated to the provision of services, execution of 
works, the transfer of exclusive rights to intellectual property or the provision of rights to use 
intellectual property, investment, fo reign exchange and export control. 
Article 1.1 
The legal framework of the Customs Union on safeguard, 
antidumping and countervailing measures 
1. The legal framework of the Customs Un ion on safeguard, antidum ping and countervailing 
measure consists of: 
1) this Agreement and the international trea ties of the States Parties concluded in the 
framework of establishment of the Customs Union and governing relations in the 
field of application of safeguard, antidump ing and countervailing measures in the part 
that does not contradict to the provisions of this Agreement. 
2) the decisions of authorities of the Custom s Union, adopted in accordance with this 
Agreement and (or) international treaties of  the States Parties concluded within the 
framework of the Customs Union. 
Article 2 
The main terms 
Terms used in this Agreement mean the following: "like product" - a product that is identical to th e product under investigation (review), or in the 
absence of such a product, another product, which has characteristics similar to those of the product 
under investigation (review); G/ADP/N/1/RUS/1 
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  "antidumping measure" - a measure to counteract dum ped imports, which is introduced by a decision 
of the Customs Union Commission by means of imposing antidumping duty, including the provisional antidumping duty, or approval of the price undertakings from an exporter; 
"antidumping duty" - a duty that is imposed with the introduction of antidumping measure and 
charged by customs authorities of the Parties, regardless of levying import duty; 
"dumping margin" - the percentage ratio of the no rmal value of product excluding export prices of 
such product to the export price or the difference between the normal value of product and the export 
price, expressed in absolute terms; 
"import quota" - a limit on imports of product to the cust oms territory of the Parties with respect to its 
quantity and (or) value; 
"foreign country" - a state (union of states), not a party to this Agreement, as well as the territory 
included in the Classification of countries, approved by the Customs Union Commission; 
"countervailing measure" - a measure to counteract the effects of specific subsidies of a particular 
foreign country on the Parties industry, applie d by the Customs Union Commission by imposing 
countervailing duty, including the pr ovisional countervailing duty, or the approval of undertakings by 
the competent body of subsidizing foreign country or exporter; 
"countervailing duty" - a duty that is applied with  the introduction of countervailing measure and 
charged by customs authorities of the States Parties, regardless of levying import duty; 
"material injury to an industry of the States Parties"  - positive evidence of deterioration of the industry 
of the State Parties, which is expressed in partic ular decrease in the volume of production and sales of 
the like product in the States Parties, reducing the profitability of production of such product, as well 
as a negative effect on inventories, employment, wag es in the sector of the eco nomy of the Parties and 
the level of investment in this sector of the economy of the Parties; 
"directly competitive product" - a product that is  comparable with the pr oduct under investigation 
(review) in its intended purpose, use, quality and technical characteristics, as well as other basic 
properties so that a buyer is willing to replace or  substitute it during the consumption by products 
under investigation (review); 
"ordinary course of trade" - the purchase and sale of  the like product on the market of the exporting 
foreign country at a price not lower than its we ighted average cost, determined on the basis of 
weighted average costs of production and sales, administrative and general costs; 
"industry of the States Parties" - all producers of the like products (for purposes of antidumping and 
countervailing investigations) of the like or dir ectly competitive product (for purposes of safeguard 
investigation) in the States Parties, or those w hose share in total production of the States Parties, 
respectively, of the like product or the like or directly competitive product constitutes a significant 
part, but not less than 25 per cent; 
"payers of special, antidumping, countervailing duty (including provisional special, provisional 
antidumping, provisional countervailing duty)" - a d eclarant or other persons which, in accordance 
with the Customs Code of the Custom s Union, the international treaties of the Parties, and (or) the law 
of the Parties, obliged to pay import duty and taxes on product imported from foreign countries into the single customs territory of the Customs Un ion, against which the special, antidumping and  G/ADP/N/1/RUS/1 
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  countervailing duty (including provisional special , provisional antidumping and provisional 
countervailing duty) are applied; 
"previous period" - 3 calendar years immediately pr eceding the date of filing the application for an 
investigation and for which the necessary statistical data is available; 
"Related parties" - parties who meet one or more of the following criteria: 
Each of these persons is an employee or dir ector of an organizati on established with the 
participation of another person; 
persons are business partners, that is bound by co ntract, operate for profit and jointly bear the 
costs and losses associated with the implementation of joint activities; 
persons are employers and employees; any person directly or indirectly owns, superv ise or is the nominal holder of 5 per cent or 
more of the voting shares or shares of both persons; 
one of the persons directly or i ndirectly supervise another person; 
two persons together directly or indi rectly supervised by a third person; 
two persons together, directly or in directly supervise a third entity; 
persons are in marital relations , kinship relations, or are adoptive parent and an adoptee, as 
well as a trustee and a ward; 
At the same time the direct supervision means the possibility of legal or natural person to 
determine the decisions made by a legal person through one or more of the following actions: 
- Carrying out the functions of its executive body; 
- Obtaining the right to determine the conditio ns of entrepreneurial activity of a legal 
person; 
- The disposal of more than 5 per cent of the total number of votes on shares (stakes) in 
the authorized (reserve) capital (fund) of a legal person. 
The indirect supervision means the possibility of legal or natural pe rson to determine the 
decisions made by a legal person through a natu ral or a legal person or by several legal 
persons between whom there is no direct supervision. 
"serious injury to the industry of the States Parties" - a significant deterioration in industrial, 
commercial and financial situati on of the industry of the States Parties, expressed in a general 
deterioration of the situation rela ted to the production of like or directly competitive product in the 
States Parties, and determined usually for the previous period; 
"safeguard measure" - a measure to limit the increase d import into the single customs territory of the 
Customs Union, which is introduced by the Customs Union Commission by imposing an import quota or special duty, including a provisional special duty; G/ADP/N/1/RUS/1 
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  "special duty" - a duty that is applied with the imposition of a safeguard measure and charged by 
customs authorities of the States Parties, regardless of levying import duty; 
"subsidized import" - import of a product into th e single customs territory of the Customs Union, 
production, export or transit of which is  subsidized by the exporting state. 
"granting authority" - a government body or the local authority of the exporting foreign state or entity 
acting on behalf of the appropriate state authority or local authority or authorized by the appropriate government agency or a local authority in accordance with the legal act, or on the basis of the facts; 
"threat of material injury to the industry of the States Parties" - positive evidence of the inevitability 
of material injury to the industry of the States Parties; 
"threat of serious injury to the industry of the St ates Parties " - positive evidence of the inevitability of 
serious injury to the industry of the States Parties; 
"export price" - a price paid or shall be paid by  buyers not being related parties, when importing 
product into the single customs territory of the Customs Union; 
Article 3 
Investigation 
1. Investigation should be c onducted before the introduction of safeguard, antidumping or 
countervailing measure on import of a product,  in accordance with this Agreement. 
2. The investigation referred to in paragraph 1 of this Article shall be  conducted in order to 
determine: 
existence of increased imports into the single customs territory of the Customs Union and the 
resulting serious injury to the industry of the States Parties or the threat of such injury; 
existence of dumped or subsidized imports into  the single customs territory of the Customs 
Union and the resulting material injury to the i ndustry of the Parties or the threat of such 
injury, or a significant delay in the establish ment of the industry of the States Parties. 
3. The decision on the imposition and applicati on of safeguard, antidum ping and countervailing 
measure, including the imposition and application of provisional special, provisional antidumping or 
provisional countervailing duty, on review or cancellation of safeguard, antidumping or 
countervailing measure or on non-application of a measure in accordance with the provisions of 
Article 40 of this Agreement shall be ad opted by the Customs Union Commission. 
4. The authority responsible for conducting inv estigations (hereinafter - the investigating 
authority), is determined by the Customs Union Commission. 
5. The investigating authority, acting within the powers conferred upon it by this Agreement and 
the decisions of the authorities of the Customs Uni on, adopted in accordance wi th this Agreement and 
(or) other international treaties of the Parties conc luded within the framework of the creation of the 
Customs Union.  G/ADP/N/1/RUS/1 
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  6. The investigating authority, as the result of  the investigation, provides the Customs Union 
Commission with a report suggesting the appropri ateness of the imposition and application of 
safeguard, antidumping or countervailing measure or  the review or cancellation of a safeguard, 
antidumping or countervailing measure and it is attached with the draft of the relevant decision of the 
Customs Union Commission. 
7. In the cases provided for in Articles 6, 14 and 24 of this Agreement, the investigating 
authority, until the termination of the investig ation provides the Customs Union Commission with a 
report containing proposals on the appropriateness of the imposition and application of the provisional 
special, provisional antidumping or provisional countervailing duty. 
8. Evidence, information and correspondence relati ng to the investigation must be submitted to 
the investigating authority in Russian, and the or iginal documents, written in foreign language must 
be accompanied by a verified translation into Russian. 
II. SAFEGUARD MEASURE 
Article 4 
General principles for the use of safeguard measure 
1. A safeguard measure can be applied to the produc t only if as a result of an investigation it was 
determined that this product into the single custom s territory of the Customs Union is being imported 
in such increased quantities (in absolute terms or re lative to total production in States Parties of the 
like or directly competitive product) and under such conditions that it causes serious injury to the 
industry of the States Parties, or  threatens to cause such injury. 
2. Safeguard measure is applied to a product imported into the si ngle customs territory of the 
Customs Union from an exporting foreign country, irrespective of the country of its origin, except product originating from developing countries of a unified system of preferences of the Customs Union, if the share of imports of the product fro m the country does not exceed 3 per cent of total 
imports of the product into the single customs territo ry of the Customs Union, provided that the total 
share of imports from developing countries, the shar e of each of which accounts for no more than 3 
per cent of total imports of the product on a single customs territory of the Customs Union, shall not 
exceed 9 per cent of total imports of the product into  the single customs territory of Customs Union. 
Article 5 
Determination of serious injury to the industry of 
States Parties or the threat of such injury 
as the result of increased import 
1. In order to determine serious injury to the indus try of the Parties or a threat of such injury as a 
result of increased import into the single customs te rritory of the Customs Union the investigating 
authority in the course of the investigation evalua tes the objective factors that may be expressed in 
quantitative terms and affect the economic situati on in the States Parties' industry, including: 
1) the rate and extent of growth of imports of the product under investigation in absolute 
terms and relative terms to the total volu me of production or consumption in the 
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  2) the share of imported product under investigation in the total sales of this product and 
the like or directly competitive product on the market of the Parties; 
3) the level of prices for imported product under investigation, compared with the price 
of like or directly competitive product produced in the States Parties; 
4) the change in volume of sales of the lik e or directly competitive products produced in 
the States Parties on the States Parties; 
5) the change in volume of production of the like or directly competitive products, 
productivity, capacity utilization, the profits and losses, as well as the level of 
employment in the industry of the Parties. 
2. Determination of serious injury to the industry of the Parties or a threat of such injury as the 
result of increased imports shall be based on the anal ysis of all evidence and information relevant and 
available to the investigating authority. 
3. The investigating authority in addition to the increased import analyses other known factors, 
which caused during the same period serious injury to th e industry of the States Parties, or threatens to 
cause such injury.  This injury shall not be assigned to the injury of the industry of the States Parties 
caused by increased imports into the single customs territory of the Customs Union. 
Article 6 
The imposition of provisional special duty 
1. In critical circumstances when the delay in the imposition of a safeguard measure would 
cause serious injury to the industry of the States Par ties, which would be difficult to eliminate later, 
the Customs Union Commission until the completion of  investigation can make a decision on the 
imposition and application for a period not exceeding 200 days of a provisional special duty, on the 
basis of preliminary determination of the investig ating authority, according to which there is clear 
evidence that increased import of the product under i nvestigation have caused or threatens to cause 
serious injury to the industry of the States Parties.  The investigation shall be continued in order to 
obtain the final conclusion of the investigating authority. 
2. The investigating authority shall notify in writi ng the authorized body of the exporting foreign 
country, as well as other interested parties known to  it about the possible imposition of a provisional 
special duty. 
3. At the request of the authorized body of the exporting foreign country to hold consultations 
on the imposition of a provisional special duty, su ch consultations should be initiated after the 
adoption of the decision to impose the provisional special duty by the Customs Union Commission. 
4. If as the result of the investigation it is dete rmined that there are no grounds for the imposition 
of a safeguard measure, the amount of the provisional special duty shall be returned to the payer in a 
manner specified in paragraph 6 of Article 28.1 of this Agreement. 
5. If as the result of the investigation it was considered to impose a safeguard measure 
(including in the form of import quota), the durati on of the provisional special duty shall be included 
in the total duration of the safeguard measure, a nd the amount of the provisional special duty from the 
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  the investigation shall be credited and distributed in the manner specified in paragraph 5 of 
Article 28.1 of this Agreement, subject to the pr ovisions of paragraphs 6 and 7 of this article. 
6. If as the result of the investigation it was c onsidered reasonable to impose a lower rate of 
special duty than the rate of provisional special duty, the amount of provisional special duty 
corresponding to the amount of a special duty, calculate d at the statutory rate of special duty, shall be 
credited and distributed in the manner specified in paragraph 5 of Article 28. 1 of this Agreement. 
The amounts of provisional special duty exceeding the amount of special duty, calculated at 
the statutory rate of a special duty shall be returned to the payer in the manner specified in 
paragraph 6 of Article 28.1 of the Agreement. 
7. If as the result of the investigation it was c onsidered reasonable to impose a higher rate of 
special duty than the rate of provisional special  duty, the difference between the special duty and 
provisional duty shall not be charged. 
Article 7 
The application of safeguard measure 
1. Safeguard measure is applied by the d ecision of the Customs Union Commission in the 
amount and within the time required to elimination of  the serious injury to the industry of the States 
Parties or the threat of such injury, as well as to fac ilitate the adjustment of the industry of the States 
Parties industry to the changing economic conditions. 
2. If a safeguard measure is applied through the imposition of an import quota, the level of the 
import quota shall not be lower than the average annua l level (quantity or value) of imports of the 
product under investigation during a previous period, except the cases  when it is necessary to impose 
a lower import quota to eliminate serious injury to the industry of the Parties or the threat of such injury. 
3. In case of the allocation of import quota among exporting foreign countries, those who are 
interested in exportation of the product under invest igation to the single customs territory of the 
Customs Union are provided with the opportunity to hold consultations on the allocation of import 
quota between them. 
4. If the consultations provided for in paragraph 3 of this Article are not possible or in the course 
of conduct no agreement on such allocation is reached, the import quota is allocated among exporting 
foreign countries which have an interest in exporting the product under investigation to the single 
customs territory of the Customs Union in prop ortion of imports from these exporters established 
product for three years preceding the date of filing th e application for an investigation on the basis of 
the total imports of such product in quantity or value terms. 
Any particular factors that might or may influence on the course of trade shall be taken into 
account. 
5. If the rate of increase in imports of the pr oduct under investigation from individual exporting 
foreign countries has increased disproportionately to  the total increase in imports of such product for 
three years preceding the date of filing the appli cation for an investigation, for which data are 
available, the Customs Union Commission may a llocate import quotas among those exporting foreign G/ADP/N/1/RUS/1 
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  countries, taking into account the absolute and relativ e growth rates of imports of such product into 
the single customs territory of the Customs Union from those exporting foreign countries. 
The provisions of this paragraph apply only in case when the investigating authority has 
determined the existence of serious injury  to the industry of the States Parties. 
6. Imports of product into the single customs territory of the Customs Union, against which a 
decision on the establishment of import quotas as a safeguard measure is taken, shall be based on a license issued in the manner prescribed for the pr oducts on import of which quantitative restrictions 
are applied. 
Article 8 
Duration and review of safeguard measure 
1. Duration of a safeguard measure shall not exceed  four years, except for the extension of such 
measure in accordance with paragraph 2 of this Article. 
2. Duration of a safeguard measure referred to in paragraph 1 of this Article may be extended by 
the decision of the Customs Union Commission, if as the result of review by the investigating 
authority it was determined that for the elimination of  the serious injury to the industry of the States 
Parties or the threat of such injury the extension of the safeguard measure is necessary, and there is 
evidence that the relevant industry of the States Par ties has adopted measure to facilitate adjustment of 
such industry to changing economic conditions. 
While conducting a review taki ng into account relevant differe nces the provisions relating to 
the investigation are applied. 
3. When the Customs Union Commission makes a decision for the extension of a safeguard 
measure such measure shall not be more restrictiv e than the safeguard measure that was in force on 
the date when the decision on the extens ion of a safeguard measure was made. 
4. If the duration of a safeguard measure exceeds one year, the Customs Union Commission 
gradually liberalises such a safeguard measure at regul ar intervals during the period of its application. 
If the duration of a safeguard measure exceeds thre e years, not later than half the period of 
application of this measure the investigating author ity carries out a review that results in extension, 
liberalisation or cancellation of the safeguard measure. 
For purposes of this Article liberalisation of a safeguard measure means an increase of the 
import quota or a reduction of the rate of special duty. 
5. The total duration of a safeguard measure, including the duration of the provisional special 
duty and the period for which a safeguard measu re is extended shall not exceed 8 years. 
6. Safeguard measure cannot be reapplied to the product to which previously a safeguard 
measure was applied for a period e qual to the duration of the previ ous safeguard measure.  At the 
same time period during which the safeguard measu re does not apply cannot be less than 2 years. 
7. Safeguard measure, the durati on of which is 180 days or less, regardless of the provisions 
established by paragraph 6 of this Article may be rea pplied to the same product, if at least one year  G/ADP/N/1/RUS/1 
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  passed from the date of imposition of the previous safeguard measure and if a safeguard measure did 
not apply to this product more than two times duri ng the 5 years preceding the date of the imposition 
of a new safeguard measure. 
III. ANTIDUMPING MEASURE 
Article 9 
General principles for implementation of antidumping measure. 
1. An antidumping measure can be applied to a product which is subject to the dumped import, 
if on the results of an investig ation it was determined that impor t of such product into the single 
customs territory of the Customs Un ion causes material injury to the industry of the States Parties, a 
threat of such injury or significantly delays th e establishment of the industry of the States Parties. 
2. The product is subject to the dumped imports if the export price of the product is below its 
normal value. 
3. For the purposes of this section, the period of investigation is normally 12 months preceding 
the date of submission of application for the inves tigation, but in any case this period shall not be less 
than 6 months. 
Article 10 
Determination of dumping margin. 
1. Dumping margin is determined by the investigating authority on the basis of comparison: 
1) the weighted average normal value with  weighted average export price of the 
product; 
2) the normal value of the product of individual transactions with the export prices of 
the product of individual transactions; 
3) the weighted average normal value of the product with the export prices of the 
product of individual transactions subject to significant differences in the price of the 
product according to the consumers, regions  or time of delivery of a product.  
A comparison of export price of the product with its normal value shall be made at 
the same level of trade and in cases of sales  that took place as far as possible at the 
same time. 
2. A comparison between the export price of the product and its normal value shall be made at 
the same level of trade and in respect of sales of  the product made at as nearly as possible the same 
time. 
3. During the comparison of the export price of the product with its normal value adjustments 
shall be made according to the differences affe cting price comparability, including differences in 
conditions and characteristics of delivery, taxa tion, level of trade, quantitative, physical 
characteristics, as well as any other differences in re spect of which evidence of their impact on price 
comparability is presented. G/ADP/N/1/RUS/1 
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  In cases referred to in paragraph 5 of this Artic le costs, including customs duty and taxes, 
incurred between importation and resale of the pro duct, as well as the profit are taken into account. 
The investigating authority ensu res that the adjustments due to these factors do not overlap, 
thus distorting the result of comparing the export price with normal value of the product. 
The investigating authority can request interest ed parties to provide with the information 
necessary to ensure proper comparison of the expor t price of the product with its normal value. 
4. When there are no purchases or sales of the like pr oduct in the ordinary course of trade in the 
market of the exporting foreign country or due to the low volume of sales of the like product in the 
ordinary course of trade or because of the particular  situation in the market of the exporting foreign 
state it is impossible to conduct a proper comparison of the product export price with the price of the like product when exported to a foreign country, the export price of the product is compared with the comparable price of the like product imported from an exporting foreign country to a third country, provided that the price of the like product is represen tative, or the cost of production in the country of 
origin plus a reasonable amount for administrative,  selling and general costs and profits, typical for 
this industry. 
5. If the product is imported into the single customs territory of the Customs Union from the 
foreign state which is not a country of origin, the export price is compared with the comparable price 
of the like product in the market of a foreign country. 
A comparison of the export price may be carri ed out with the comparable price of the like 
product in its country of origin if the product only transit a foreign country from which it is exported 
into the customs territory of the Customs Union or the production of such product is not carried out in 
this foreign country, or there is no comparable price of the like product. 
6. In the case when the comparison of the export price of the product with its normal value is 
required conversion of their values from one currency to another, such convers ion is made using the 
official exchange rate on the da te of the sale of the product. 
If the foreign currency trading was directly li nked to the corresponding export supply of the 
product and performed for a period, the exchange ra te used in the foreign currency trading for the 
period is to be used. 
The investigating authority shall not take into account the fluctuations of exchange rates and 
in the course of investigation provides exporters with  at least 60 calendar days to adjust their export 
prices to reflect sustained changes in excha nge rates during the peri od of investigation. 
7. The investigating authority shall normally de termine an individual margin of dumping for 
each known exporter and (or) the producer of th e product that have submitted the necessary 
information to determine an individual margin of dumping. 
8. If the investigating authority comes to the conclusion about the unacceptability of 
determining individual margin of dumping for each known exporter and (or) the producer of the 
product due to the total number of exporters, produ cers or importers of the product, the variety of 
product, or for any other reason, it can use the limi ted determination of individual margin of dumping 
on the basis of a reasonable number of interested parties, or determine the dumping margin for the sample of products from each of the exporting fo reign country, which, according to information  G/ADP/N/1/RUS/1 
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  available to the investigating authority, is sta tistically representative and can be evaluated without 
disrupting the investigation. 
The selection of interested parties for the pur pose of limiting determination of individual 
dumping margin provided by the provisions of this  paragraph shall be made by the investigating 
authority, preferably in consultation with the rele vant foreign exporters, producers and importers of 
the product under investigation, and with their consent. 
If the investigating authority applies the selecti on in accordance with the provisions of this 
paragraph, it also determines the individual marg in of dumping for each foreign exporter or foreign 
producer, which were not initially selected but provi ded the necessary information within a specified 
period for consideration except cases when the number of foreign exporters, and (or) foreign 
producers is so large that individual consideration may cause violation of the term of the relevant 
investigation by the authority conducting the investigation. 
Responses of such foreign exporters and (or) foreign producers submitted voluntarily shall 
not be rejected by the investigating authority. 
9. If the investigating authority applies a selec tion in determining the individual margin of 
dumping provided by paragraph 8 of this Article , the level of the dumping margin calculated for 
foreign exporters or foreign producers of the pr oduct being the subject of the dumped imports that 
were not selected for the determination of indi vidual dumping margin, but have submitted the 
necessary information product within  the specified period shall not exceed the level of the weighted 
average dumping margin determined for selected fo reign exporters or foreign producers of product 
that the product being the subject of the dumped imports. 
10. If the exporters or producers of a product unde r investigation do not provide the investigating 
authority with the requested information in the requi red form and on time, or information provided to 
them, cannot be verified or does not correspond to r eality, the authority may determine the margin of 
dumping on the basis of any other available information at its disposal. 
11. In addition to determination of individual  margin of dumping for each known exporter and 
(or) producer of the product that  have submitted the necessary inform ation which allows to determine 
an individual margin of dumping, the investig ating authority may determine a unified dumping 
margin for all other exporters, and (or) the produ cers of the product under investigation, based on the 
highest margin of dumping determined during the investigation. 
Article 11 
Determination of normal value 
1. The normal value of the product is determined  by the investigating authority based on the 
price of the like product when it is sold during the period of investigation in the domestic market of the exporting foreign state to consumers who are no t parties related to producers or exporters which 
are residents of such foreign state, in the ordinary  course of trade for use in the customs territory of 
the exporting foreign country in a competitive environment. 
For purposes of determining the normal value, the prices of the like product in the sale to 
consumers who are parties related to producers or ex porters which are residents of such foreign state 
can be taken into account if it is found that this relation does not affect the pricing of the foreign 
producer and (or) the exporter. G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  2. The volume of sales of the like product in the ordinary course of trade in the market of the 
exporting foreign country is considered as sufficien t to determine the normal value of the product if 
that amount is not less than 5 per cent of total exports of the product to the single customs territory of 
the Customs Union from exporting foreign country. 
The lower volume of sales of the like product in  the ordinary course of trade is considered 
acceptable for determining the normal value of the pr oduct, if there is evidence that this amount is 
sufficient to ensure proper comparison of the export price of the product with the price of the like product in the ordinary course of trade. 
3. During determination of the normal value of  the product in accordance with paragraph 1 of 
this Article the price of the product in its sales to  customers in the domestic market of the exporting 
foreign country is a weighted average price at whic h the like product is sold to customers during the 
period of investigation, or the price of the product on  each of its sales to customers within this period. 
4. Sales of the like product on the market of the exporting foreign country or foreign country 
exporting to a third country at prices below cost of production units of th e like product including 
administrative, selling and general costs may be disr egarded in determining of the normal value of the 
product only if the investigating authority determin es that the sale of the like product in the period of 
investigation is carried out in large volume and at  prices that do not provide reimbursement of all 
costs during this period. 
5. If the price of the like product, which at the time of its sale below cost of production units of 
the like product including administrative, selling and general costs, exceeds the weighted average cost 
of production of the product unit including administ rative, selling and general costs in the period of 
investigation, such a price is considered as provi ding reimbursement of all expenses during the period 
of investigation. 
6. Sale of the like product at prices below cost  of production including administrative, selling 
and general costs is carried out in a significant amount, if the average weighed price of the like 
product on transactions, taken into account in determ ining the normal value of the product, is below 
the average unit cost of production taking into acc ount the administrative, selling and general costs 
and volume of sales at prices below cost is at least 20 per cent of the sales volume of transactions taken into account in determining the normal value of the product. 
7. Production cost per unit, taking into account ad ministrative, selling and general costs shall be 
calculated on the basis of data provided by the expor ter or producer of product, provided that such 
data are consistent with generally accepted prin ciples and accounting rules and reporting in the 
exporting foreign country and fully reflect the costs associated with the production and selling product. 
8. The investigating authority shall consider all available evidence at its disposal of the correct 
allocation of production costs, administrative, selli ng and general costs, in cluding data submitted by 
the exporter or producer of the product being the subject of the investigation, provided that such allocation of costs is usually practiced by such ex porter or producer of product, particularly with 
regard to establishing an appropria te period of amortization, deduc tions for investments and cover 
other costs of production development. 
9. Costs of production, administrative, sales a nd general expenses are adjusted for one-time 
costs associated with the development of productio n, or the circumstances under which the costs in 
the period of investigation influence operations car ried out during the organization of production.   G/ADP/N/1/RUS/1 
 G/SCM/N/1/RUS/1 
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  Such adjustments should reflect the costs at the e nd of the period of production organization, and if 
the period of production organization exceeds the period of investigation - for the most recent phase of production organization, which falls during the investigation. 
10. The total quantitative indicators of administ rative, selling and gene ral costs and profits, 
typical for this sector are defined based on actual da ta on the production and sale of similar product in 
the ordinary course of trade, provided by the exporte r or producer of the product being the subject of 
the dumped imports. 
If such aggregated quantitative indicators cannot be determined in this way, they can be 
identified on the basis of: 
1) The actual amounts received and expended by the manufacturer or exporter of the 
product under investigation in connection with the manufacture and sale of the same category of product in the market of the exporting foreign country; 
2) The weighted average of the actual amounts received and expended in connection 
with the production and sale of like products  on the market of the exporting foreign 
country by other exporters or producers of such products; 
3) Any other method, provided that the amount of profit that is determined in this way 
does not exceed the amount of profit, typically obtained by other exporters or producers in the same category of product when sold on the market of the exporting 
foreign country. 
11. In the case of dumped imports from the exporting foreign state in which market prices are 
regulated directly by the state or a state monopoly on foreign trade, normal value of product can be determined on the basis of price or calculated valu e of like product in an appropriate third country 
(comparable for purposes of investigation to the spec ified foreign exporting state) or the export prices 
of like product from a third country to other countries, including the single customs territory of the 
States Parties. 
If the determination of normal value of the produc t in accordance with the provisions of this 
clause is not possible, the normal value of product ca n be determined on the basis of the price paid or 
payable for the same product on the single customs territory of the States Parties and adjusted 
considering the profit. 
Article 12 
Determination of export price 
1. Export price is determined on the basis of data  of its sales during the period of investigation. 
2. In the absence of data on the export price of the product being the subject of the dumped 
imports, or if the investigating authority has a reasonable doubt about the accuracy of information on export prices of such product due to the fact that  the exporter and importer of the product are related 
parties, including the connection of each of them with  a third party, or in the presence of restrictive 
business practices in the form of collusion in respect of the export price of such product,  the export 
price may be calculated based on the price at which the imported product was first resold to an independent buyer, or another method, which can be determined by the investigating authority, if the G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  imported product is not resold to an independent buyer or not resold in the form in which it was 
imported into the single customs territory of the Customs Union. 
Article 13 
Determination of injury to the industry of the 
States Parties as a result of dumped imports 
1. Injury to the industry of the States Parties as a result of dumped impor ts is determined based 
on the analysis of the volume of dumped imports, the effect of such imports on prices of the like product on the market of the Parties and the prod ucers of the like product in the States Parties. 
2. For purposes of this section injury to the indus try of the Parties is determined as material 
injury to the industry of the States Parties, the threat of such injury or a significant delay in creation of 
the economic sector of the Parties. 
3. Injury to the industry of the States Parties is determined for the period of investigation in the 
course of it. 
The investigation also takes into account market  trends of the States Parties for the 3 years 
preceding the date of application to initiate an investigation. 
4. Analyzing the volume of dumped imports the i nvestigating authority sh all determine whether 
there was a significant increase in dumped imports of the product under investigation (in absolute 
terms or relative to production or consumpti on of the like product in the States Parties). 
5. Analyzing the impact of dumped imports on pr ices of the like product on the market of the 
States Parties the investigating authority shall determine: 
1) whether the prices of the product which is the subject of the dumped imports are 
significantly lower than prices of the like product on the market of the Parties; 
2) whether the dumped imports has resulted in a significant reduction of prices of the 
like product on the market of the Parties; 
3) whether a significant increase in prices of dumped imports prevented the increase of 
prices of the like product in the market of the Parties, which would have occurred in the absence of such imports. 
6. If the subject of investigations conducted at the same time is the import of the product into the 
single customs territory of the Customs Union from more than one foreign country, the investigating 
authority may assess the cumulative effect of such imports only if it determines that: 
1) the dumping margin determined for the import of the product under investigation, 
from each foreign exporter is greater than the minimally acceptable margin of 
dumping, and the volume of imports from each foreign exporter is not negligible with regard to the provisions of paragra ph 2 of Article 31 of this Agreement; 
2) estimation of the overall impact of imports of product is possible according to the 
conditions of competition between impor ted products and the conditions of  G/ADP/N/1/RUS/1 
 G/SCM/N/1/RUS/1 
 G/SG/N/1/RUS/1 
 Page 17 
  
  competition between imported product and the like product produced in the States 
Parties. 
7. Analysis of the impact of dumped imports on the industry of the Parties includes the 
estimation of all the economic factors relevant to  the industries of the States Parties, including: 
the degree of the economic sector recovery after the impact of the dumped or subsidized 
imports; 
actual or possible future decline in production, sal es of product, its market share in the States 
Parties, profits, productivity, income from inv estments or raised capacity utilization; 
factors affecting the prices of product on the market of the Parties; 
the size of the margin of dumping; actual or possible future negative impact on gr owth rates of production,  stocks of product, 
employment, wages, the ability to attract investment and financial condition. 
At the same time no one or several factors can have decisive role for the purpose of 
establishing injury of the industry of the States Parties as a result of dumped imports. 
8. The conclusion about the presence of a causal li nk between dumped imports and injury to the 
industry of States Parties should be based on the an alysis of all relevant evidence and information 
available to the investigating authority. 
9. The investigating authority other than th e dumped imports also examines any other known 
factors, that may have caused injury to the ec onomic sector of the Parties in the same period. 
Factors to be considered as relevant include, inter alia, the volume and prices of imported 
product that were not sold at dumping prices, contraction in demand or changes in the structure of consumption, restrictive trade practices, technol ogical advances, as well as export performance and 
productivity of industry of the States Parties. 
Injury caused by these factors shall not be referre d to the injury to the industry of the States 
Parties due to the dumped imports. 
10. The impact of dumped imports on the industry of the States Parties shall be evaluated 
regarding the production of the like product in the St ates Parties, if the available data permit to 
distinguish the production of the like product on th e basis of such criteria as the production process, 
the sales of the like product, and profit. 
If the available data do not allow allocating the production of the like product, the impact of 
dumped imports on the industry of the Parties sha ll be determined with respect to estimated 
production of the narrowest group or range of produc ts, which include the like product, and for which 
data are available. 
11. Determining the threat of material injury  to the industry due to the dumped imports the 
investigating authority shall take into account all available factors, including the following: G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  1) The growth of dumped imports, indicating the real possibility of further increase in 
such imports; 
2) The availability for exporter of the product, that is the subject of the dumped imports, 
of sufficient export capacity, or the appare nt inevitability of its increase, which 
indicates the real possibility of the increase in the dumped imports of the product, 
taking into account the ability of other expor t markets to take any additional exports; 
3) The level of prices of the product under inv estigation, if such prices could reduce or 
contain the price of the like product on th e market of the States Parties, and further 
growth in demand for the product under investigation; 
4) The availability of stocks of  the product under investigation. 
12. The decision on the threat of material injury to  the industry of the Parties shall be made if in 
the course of the investigation based on the analysis of  the factors referred to in paragraph 11 of this 
Article the investigating authority came to a conc lusion about the inevitability of the continuation of 
the dumped imports and injurious effect of such  import on the industry of States Parties if the 
antidumping measure are not imposed. 
Article 14 
The imposition of provisional antidumping duty 
1. If the information obtained in the course of investigation indicates the presence of dumped 
imports and the resulting injury to the industry of the Parties, the Customs Union Commission on the 
basis of a report of the investiga ting authority containing a preliminary determination, takes a decision 
on the application of antidumping measure by im posing provisional antidumping duty to prevent 
injury to the industry of States Parties caused  by the dumped imports during the period of 
investigation. 
2. Provisional antidumping duty cannot be imposed  earlier than 60 calendar days from the date 
of initiation of the investigation. 
3. The rate of the provisional antidumping duty shall be sufficient to eliminate the injury to the 
industry of the States Parties, but shall not exceed  the level of pre-calculated margin of dumping. 
4. If the rate of the provisional antidumping dut y is equal to the level of the previously 
calculated margin of dumping, the period of app lication of the provisional antidumping duty shall not 
exceed four months, except if that period is extend ed to 6 months based on the request of exporters, 
whose share in the volume of dumped imports of the product under investigation constitutes a major 
part. 
5. If the rate of the provisional antidumping dut y is less than previously calculated dumping 
margin, the period of application of the provisional antidumping duty shall not exceed 6 months, except if that period is extended to 9 months upon request of exporters, whose share in the volume of 
dumped imports of the pro duct under investigation constitutes a major part.  . 
6. If as the result of the investigation the inv estigating authority determines that there are no 
grounds for the imposition of antidumping measure, the amount of the provisional antidumping duty  G/ADP/N/1/RUS/1 
 G/SCM/N/1/RUS/1 
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  shall be refunded to the payer in the manner provid ed by in paragraph 6 of Article 28.1 of the 
Agreement. 
7. If as the result of the investigation it w as considered to impose antidumping measure, the 
amount of provisional antidumping duty from the date of entry into force of the decision on the 
application of antidumping measure made on the resu lts of the investigation shall be credited and 
distributed in the manner defined in paragraph 5 of  Article 28.1 of this Agreement, subject to the 
provisions of paragraphs 8 and 9 of this Article. 
8. If on the basis of the results of the inves tigation it was considered reasonable to impose a 
lower antidumping duty rate than the rate of the provisional antidumping duty, the amount of 
provisional antidumping duty, corresponding to amount of antidumping duty, calculated in the estimated rate of antidumping duty shall be cred ited and distributed in the manner defined in 
paragraph 5 of Article 28.1 of this Agreement. 
The amount of a provisional antidumping duty exceeding the amount of antidumping duty, 
calculated in the prescribed rate of an antidumping duty shall be refunded to the payer in the order 
defined in paragraph 6 of Ar ticle 28.1 of the Agreement. 
9. If on the basis of the results of the investig ation it was considered reasonable to introduce a 
higher antidumping duty rate than the rate of the provisional antidumping duty, the difference between the amount of antidumping duty and pr ovisional antidumping duty is not charged. 
10. A provisional antidumping duty is applied upon condition of simultaneous continuation of the 
investigation. 
Article 15 
Adoption of the price undertakings by the exporter 
1. The investigation may be suspended or termin ated by the investigating authority without the 
introduction of antidumping duty upon obtaining fr om the exporter price undertakings in writing 
about the revise of prices of the product or to cease of exports of the product to the single customs 
territory of the Customs Union at prices below its nor mal value (if there are any related to the exporter 
parties in the States Parties the statements of  these individuals are required to support these 
undertakings), if the investigating authority com es to the conclusion that the acceptance of such 
undertakings will eliminate the injury caused by dumped imports, and the Customs Union Commission decides on their approval. 
The level of prices in accordance with these unde rtakings should not be higher than it is 
necessary to eliminate the dumping margin. 
The increase in price may be less than the ma rgin of dumping if such increase would be 
sufficient to remove injury to the industry of the States Parties. 
2. The decision to approve price undertakings are not accepted by the Customs Union 
Commission as long as the investigating authority do es not come to a preliminary conclusion about 
the presence of dumped imports and the resulting damage to economic sectors of the Parties. G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  3. The decision to approve price undertakings is not accepted by the Customs Union 
Commission if the investigating authority comes to a conclusion about the unacceptability of their 
approval due to the large number of actual or poten tial exporters of the product or for other reasons. 
The investigating authority explains to the e xporters if it is possible the reasons for the 
approval of price undertakings was considered unaccep table and provides them with an opportunity to 
comment. 
3-1. The investigating authority sends to each exporter whose price undertakings are accepted a 
request for their non-confidential version to be able to  provide it to the interested parties in the case of 
the request. 
4. The investigating authority may invite e xporters to adopt price undertakings, but cannot 
require their acceptance. 
5. If the Customs Union Commission approved the price undertakings, antidumping 
investigation may be continued on the request of th e exporter or by the decision of the investigating 
authority. 
If as the result of the investigation the investig ating authority comes to the conclusion about 
the absence of dumped imports or the injury to the industry caused by dumped imports, the exporter, who accepted price undertakings, is automatically ex empt from such obligations, except the case, if 
that conclusion is largely a result of the existence of such obligations.  In case when the conclusion to 
a great extent is the result of the existence of price undertakings the Customs Union Commission may 
decide that such obligations shall remain  in force for the required period of time. 
6. If as the result of the investigation the inves tigating authority finds that the dumped imports 
have caused the injury to the industry of the Pa rties the price undertakings continue to act in 
accordance with their terms and under this Agreement. 
7. The investigating authority may request information from the exporter regarding the 
implementation of price undertak ings, and agreement for the verification of such information. 
Failure to provide requested in formation within the period prescribed by the investigating 
authority, as well as refusal to verify such informat ion is considered to be in violation of the price 
undertakings accepted by the exporter. 
8. In case of violation or revo cation of voluntary unde rtakings by the exporter the Customs 
Union Commission may decide to apply antidumpi ng measure by the introduction of provisional 
antidumping duty when the investigation was not term inated, or by the imposition of the antidumping 
duty, if the final results of the investigation indicate that there are grounds for its imposition. 
In case of the violation of the price undertakings  the exporter is provided with the opportunity 
to comment in response on such violation. 
9. Decision of the Customs Union Commission to accept price undertakings shall contain the 
rate of the provisional antidumping duty or antidum ping duty, which may be imposed in accordance 
with paragraph 8 of this Article.  G/ADP/N/1/RUS/1 
 G/SCM/N/1/RUS/1 
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  Article 16 
The imposition and application of antidumping duty 
1. Antidumping duty applies to the product that is supplied by all the exporte rs and is the subject 
of the dumped imports, causing the injury to the industry of the Parties, except for the product 
supplied by the exporters whose price undertakin gs have been approved by the Customs Union 
Commission in accordance with the provisi ons of Article 15 of this Agreement. 
2. The size of the antidumping duty should be sufficient to eliminate the injury to the industry of 
the Parties, but not higher than the calculated size of the dumping margin. 
The Customs Union Commission may decide to impose antidumping duty at a rate lesser than 
the rate of the calculated margin of dumping if such  rate is sufficient to repair the injury to the 
industry of the Parties. 
3. The Customs Union Commission shall establis h an individual antidumping duty for each 
exporter or producer of the product being the subject  of the dumped import, for which an individual 
margin of dumping was calculated. 
4. Besides the implementation of an individual an tidumping duty specified in paragraph 3 of this 
Article, the Customs Union Commission shall establish a unified antidumping duty for all other exporters or producers exporting product from a fo reign country based on the highest margin of 
dumping calculated during the investigation. 
Article 17 
Duration and review of antidumping measure 
1. Antidumping measure is imposed by the Customs Union Commission in the amount and 
within the time required to remove the injury to  the industry of the Parties as a result of dumped 
imports. 
2. Duration of antidumping measure shall not exceed  5 years from the date of initiation of such 
action or the date of completion of the review, which was held in connection with the changed 
circumstances and at the same time concerned the analysis of the dumped imports and the associated 
injury to the industry of the Parties, or in conn ection with the expiration of the antidumping measure. 
3. Review in connection with the expiration of  the antidumping measure is carried out on the 
basis of written application filed in accordance with the provisions of Article 29 of this Agreement, 
either on the initiative of the investigating authority. 
Review in connection with the expiration of the antidumping measure is carried out in the 
presence in the application of information about th e possibility of renewal or  continuation of dumped 
import and injury to the industry of the Parti es at the termination of the antidumping measure. 
Request for the review in connection with the expiration of the antidumping measure shall be 
submitted not later than 6 months before  the expiry of the antidumping measure. 
Review should be initiated before the expiry  of the antidumping measure and completed 
within 12 months from the date of its initiation. G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  The application of antidumping measure may be extended by the Customs Union 
Commission for the term of the review conducted in accordance with this paragraph.  During the 
period of the extended application of the releva nt antidumping measure, in accordance with the 
procedure established for the collection of provis ional antidumping duty, antidumping duty shall be 
paid at the rate, which was established in conn ection with the use of antidumping measure, the 
duration of which is extended in connection with the review. 
If as the result of the review in connection with the expiration of the antidumping measure the 
investigating authority found out that there are no grounds for the application of antidumping 
measure, the amount of antidumping duty levied during the period for which the application of 
antidumping measure was extended sh all be returned to the payerin the manner determined in 
paragraph 6 of Article 28.1 of this Agreement. 
The duration of antidumping measure shall be extended by the Customs Union Commission, 
if as the result of the review in connection w ith the expiration of the antidumping measure the 
investigating authority finds the possibility of re newal or continuation of dumped imports and injury 
to the industry of the Parties.  From the date of entry into force of the Customs Union Commission decision to extend antidumping measure the amount of antidumping duty levied in the manner prescribed for collection of provisional antidumping duty during the period for which the application 
of antidumping measure was extended shall be credite d and distributed in the manner determined in 
paragraph 5 article 28.1 of the Agreement. 
4. At the initiative of the investigating authority or an interested party a review may be carried 
out in order to determine the expedience of the continuation of the implementation of antidumping 
measure and (or) of its review, including review of  the individual antidumping duty rate due to the 
changed circumstances if after the introduction of antidumping measure passed at least one year. 
Depending on the purpose of filing the applicati on on a given review such application shall 
contain evidence that due to changed circumstances: 
continued use of the antidumping measure is not  required to counteract dumped imports and 
to eliminate the injury to the industry of th e Parties resulting from the of dumped imports, or 
the volume of the existing antidumping measure is larger than the volume sufficient to 
counteract dumped imports and to eliminate the inju ry to the industry of the Parties as a result 
of dumped imports, or  
existing antidumping measure is not sufficient to  counteract dumped imports and to eliminate 
the injury to the industry of the Parties as a result of dumped imports.  
Review conducted in accordance with this para graph shall be completed within 12 months 
from the date of its initiation. 
5. Review can also be conducted in order to set an individual dumping margin for the exporter 
or producer who did not export or produce the pr oduct, which were the subject of dumped imports 
during the period of investigation. 
Such a review may be initiated by the inves tigating authority if an  exporter or producer 
referred to makes an application that contains the evidence that the exporter or producer of the 
product is not related to the e xporters and producers of the product, on which the antidumping 
measure is imposed, and that the exporter or produ cer supply the products under investigation or is  G/ADP/N/1/RUS/1 
 G/SCM/N/1/RUS/1 
 G/SG/N/1/RUS/1 
 Page 23 
  
  bound by contractual obligations to supply significant amounts of such products to the single customs 
territory of the Customs Union, termination or w ithdrawal of which will lead to significant losses or 
significant fines for the exporter or producer of product. 
During the review in order to impose an i ndividual dumping margin for the exporter or 
producer antidumping measure does not apply to the exports of the product under investigation to a 
single customs territory of the Customs Union from this exporter or producer. 
The review provided by this paragraph shall be  conducted as soon as possible and in any case 
this period may not exceed 12 months. 
Customs Union Commission after the beginning of the relevant review may take action to 
ensure the possibility of levying antidumping duty, in  particular, in the form of commitments to pay 
such duty with the delivery of the product under inv estigation carried out by this exporter or producer. 
6. The provisions of section V of this Agreemen t relating to the application of evidence and 
conducting antidumping investigation shall apply to th e review provided for by this Article, taking 
into account relevant differences. 
7. The provisions of this Article shall apply to obligations undertaken by the exporter in 
accordance with Article 15 of this Agreement,  taking into account relevant differences. 
Article 18 
Determination of circumven tion of antidumping measure 
1. For the purposes of this article, circumven tion of the antidumping measure means the change 
of the supply process to avoid paying antidumping duty or fulfilling the price undertakings of the 
exporter. 
2. Review in order to determine circumvention of antidumping measure is carried out based on 
the application of the interested party or on own initiative of the investigating authority. 
3. The application referred to in paragraph 2 of this Article shall contain evidence of: 
1) circumvention of the antidumping measure; 
2) neutralization of the antidumping measure as a result of circumvention and the 
influence of this factor on the production and (or) sale and (or) the prices of the like 
product; 
3) the presence due to the circumvention of antidumping measure of dumped imports of 
product (parts and (or) the derivatives of su ch product).  The normal value of the 
product, its parts or derivatives, should be considered as their normal value, 
determined in the course of the investig ation, as the result of which the Customs 
Union Commission introduced of antidumping measure, taking into account the appropriate adjustments for the purposes of comparison. 
4. Review in order to determine circumven tion of antidumping measure should be completed 
within 9 months from the date of its initiation. G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  5. For the period of the review conducted in accordance with this Article, the Customs Union 
Commission may introduce an antidumping duty on components and (or) derivatives of the product, which was the subject of the dumped imports, imported into the single customs territory of the 
Customs Union from exporting foreign country, as well as product which was the subject of the 
dumped imports, and (or) its components and (or) derivatives that are imported into the single customs territory of the Customs Union from another exporting foreign country. ( потеряна  часть  
абзаца  про порядок  взимания  пошлин  - levied in the manner prescribed for provisional … duty) 
6. If as the result of review conducted in accordance with this Article the investigating authority 
did not determine the circumvention of the an tidumping measure, the amount of antidumping duty 
paid in accordance with this Article and in th e manner specified for collection of provisional 
antidumping duties shall be refunded to payer in th e manner specified in paragraph 6 of Article 28.1 
of this Agreement. 
7. The antidumping measure may be extended by the Customs Union Commission on the 
components and (or) derivative product, which was th e subject of the dumped imports, imported into 
the single customs territory of the Customs Union from the exporting of a foreign state, as well as for 
the product, which was the subject of the dum ped imports, and (or) its components and (or) 
derivatives that are imported into the single cust oms territory of the Customs Union of another 
exporting foreign country in the case of the determ ination of circumvention of antidumping measure 
applied pursuant to this Agreement on the basis of results of the review in accordance with this article.  
From the date of entry into force of the Customs Union Commission decision to impose an 
antidumping measure specified in this paragraph th e amount of antidumping duty paid in the manner 
prescribed for collection of provisional antidumpi ng duty shall be credited and distributed in the 
manner specified in paragraph 5 of  Article 28.1 of the Agreement. 
IV. COUNTERVAILING MEASURE 
Article 19 
General principles on the application of countervailing measure 
Countervailing measure can be applied to imported product,  the production, export or 
transportation of which benefit from a specific subsidy of exporting foreign state, if as the result of an 
investigation conducted by the investigating author ity it was found that the import of such product to 
the single customs territory of the Customs Union causes material injury to the industry of States 
Parties, threatens to cause such inju ry or significantly delays the creation of the industry of the Parties. 
Article 20 
Definition of subsidy 
Subsidy means: 
1) any kind of support of incomes or prices, giving the recipient an additional advantage, 
direct or indirect result of which is the increase in exports of product from the 
exporting foreign state or reduction of imports of the like product to the foreign country;  G/ADP/N/1/RUS/1 
 G/SCM/N/1/RUS/1 
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 Page 25 
  
  2) a financial contribution by the granting aut hority that gives additional benefits to the 
recipient of subsidies, rendered within the territory of the exporting foreign state in 
the form of: 
direct transfer of funds (including subsidies, loans and purchase of shares) or 
obligation to transfer such funds (including loan guarantees);   
withdrawal of funds or complete or partia l renunciation of funds that were supposed 
to become the government revenue of the exporting country, including through the provision of tax credits, except for the exemption of exported product from taxes or 
duty levied on the like product destined fo r domestic consumption or reduction or 
refund of such taxes or fees in an amount not exceeding the amounts actually paid; 
preferential provision or donations of pr oduct or services other that product or 
services intended to maintain and develop a general infrastructure, the infrastructure 
that is not related to a specific producer, and (or) the exporter; 
preferential procurement of product. 
Article 21 
The principle of classifying subsidies of exporting country to specific subsidies 
1. Exporting foreign state subsidy is specific if th e use of the subsidy is allowed only to certain 
companies by the granting authority or the law of the exporting foreign country. 
2. For the purposes of this Article, certain comp any means a producer and (or) an exporter or a 
particular sector of the economy of an exporting fo reign state or a group (alliance, association) of 
producers and (or) the exporters or sectors of the economy of an exporting foreign state. 
3. A subsidy is specific if the number of separat e organizations that are allowed to use this 
subsidy is limited to organizations located in the geographical area under the jurisdiction of the 
granting authority. 
4. The subsidy is not specific, if the laws of an exporting foreign country or granting authority 
establish the general objective criteria or conditio ns which determine the unconditional right to 
receive subsidies and its size (depending on the num ber of workers engaged in the production process 
or the volume of output) and strictly enforced. 
5. In any case, the subsidy of an exporting fore ign country is specific if the granting of the 
subsidy is accompanied by: 
1) a limited number of enterprises that are allowed to use the subsidy; 
2) a preferential right to use the subsidy by certain enterprises; 3) a provision of a disproportionately large amounts of grants to certain enterprises; 4) a choice by a granting authority of preferential way of providing grants to certain 
enterprises. G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
Page 26 
  
  6. Any subsidy of an exporting foreign state is a specific subsidy if: 
1) a subsidy according to the laws of a foreign country or virtually as a single condition 
or one of several conditions associated with  the export of product.  The subsidy is in 
fact related to export of product, if the provision is not associated in accordance with 
the laws of an exporting foreign country to the export of product, in practice, due to 
what actual or possible future export of the product or to export earnings.  The mere fact of providing subsidies to exporting enterprises does not mean the provision of subsidies related to export of product w ithin the meaning of this paragraph; 
2) a subsidy is linked in accordance with th e laws of a exporting foreign country or 
virtually as a single condition or one of several conditions with the use of product produced in the exporting foreign country, rather than imported product. 
7. The decision of the competent authority of referring a subsidy of foreign country to the 
specific subsidy should be based on evidence. 
Article 22 
The principles of determining the amount of specific subsidies 
1. The size of the specific subsidy is based on th e size of the benefit gained by the recipient of 
such subsidy. 
2. The size of the benefits gained by the recipi ent of the specific subsidy is determined based on 
the following principles: 
1) participation of a granting authority in ca pital of the company is not seen as providing 
benefits, if such participation cannot be regarded as inconsistent with the usual 
investment practice (including the provision of risk capital) in the territory of the exporting foreign country; 
2) The credit provided by the subsidizing bod y shall not be regarded as the provision of 
benefits, if there is no di fference between the amount the company pays the borrower 
for a government loan and the amount it would have paid for a comparable commercial loan which the company can recei ve on the credit market of the exporting 
foreign country.  Otherwise, the benef it is the difference between these amounts; 
3) the loan guarantee of a granting authority  shall not be considered as the provision of 
benefits, if there is no difference between the amount that the recipient company shall 
pay the guarantee on a loan guaranteed by th e granting authority, and the amount that 
it would have paid for a comparable commerc ial loan without government guarantee.  
Otherwise, the benefit is the differe nce between these amounts, adjusted for 
differences in fees; 
4) Delivery by a granting authority of product or services or purchase of product shall 
not be considered as the provision of be nefits, unless the product or services are 
delivered for less than adequate payment or  purchase is not made for a more than 
adequate payment.  The adequacy of pa yment is determined based on prevailing 
market conditions of purchases and sales of  product and services on the market of the  G/ADP/N/1/RUS/1 
 G/SCM/N/1/RUS/1 
 G/SG/N/1/RUS/1 
 Page 27 
  
  exporting foreign country, including price,  quality, affordability, liquidity, 
transportation and other conditions of purchase or sale of product. 
Article 23 
Determination of injury to the industry of the States Parties  
as due to the subsidized import 
1. Injury to the industry of the States Parties as a result of subsidized  imports is determined 
based on the analysis of the subsidized imports and the impact of subsidized imports on prices of the 
like product on the market of the Parties and the producers of the like product in the States Parties. 
2. For purposes of this section injury to the industry of the States Parties is understood as the 
material injury, the threat of such  injury or a sufficient retardation of the establishment of the industry 
of the States Parties. 
2-1. Injury to the industry of States Parties is determined for the period of investigation in the 
course of its conduct. 
3. Analyzing the volume of subsidized imports the investigating authority determines whether 
there has been a significant increase in subsidized imports (in absolute term s or relative to production 
or consumption of the like product in the States Parties). 
4. If the subject of investigations conducted simultaneously is subsidized imports of some 
product to the single customs territory of the Cust oms Union of more than one foreign country, the 
investigating authority may assess the cumulative effe ct of such imports only if it determines that: 
1) the amount of subsidy of such product in each product exporting foreign country is 
more than 1 per cent product of its value, and the volume of subsidized imports from each exporting foreign country is not neglig ible, in accordance with paragraph 2 of 
Article 32 of this Agreement; 
2) assessment of the overall impact of imports of product which is the subject of 
subsidized imports, is a possible taking into account the conditions of competition 
between imported products and the c onditions of competition between imported 
product and the like product produced in the States Parties. 
5. Analyzing the impact of subsidized imports on prices of the like product on the market of the 
Parties the investigating authority shall determine: 
1) whether the prices of the product that is  the subject of the subsidized imports are 
significantly lower compared to the prices of the like product on the market of the 
States Parties; 
2) whether the subsidized imports led to a significant reduction in prices of the like 
product on the market of the Parties; 
3) whether subsidized import prevented signi ficantly to an increase in prices of the like 
product in the market of the Parties, wh ich would have occurred in the absence of 
such imports. G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  6. Analysis of the impact of subsidized imports on the industry of the States Parties consists of 
evaluation of the economic factors relevant to the stat e of the industry of the States Parties, including: 
1) the actual or possible in the near future  decrease in production, sales of a product, 
share in the market of the States Par ties, profits, productivity, income from 
investments or raised capacity utilization; 
2) factors affecting the prices of product in the market of the Parties; 3) the actual or possible future negative impact on cash flows, stocks of product, 
employment, wages, output growth and the ability to attract investment. 
7. The impact of subsidized imports on the industry of the States Parties is evaluated in respect 
of estimated production of the like product in the States Parties, if the available data allow distinguishing the production of the like product on the basis of such criteria as the production process, the sales of product to its producers, and profit. 
If the available data do not allow allocating the production of the like product, the impact of 
subsidized imports on the industry of the Parties is evaluated in respect of estimated production of the 
narrowest group or range of products, which incl ude the like product, and for which data are 
available. 
8. In determining threat of material injury to th e industry of the Parties as a result of subsidized 
imports the investigating authority takes into account all the factors, including: 
1) the nature, amount of grants or subsidies and their potential impact on trade; 
2) the growth rate of subsidized imports, indicating the real possibility of further 
increase in such imports; 
3) availability for the exporter of the product, subject to subsidized imports, of sufficient 
export capacity, or the apparent inevitability of their increase, which indicate the real 
possibility of increase in the subsidized imports of the product, taking into account 
the ability of other export markets to ta ke any additional e xports of product; 
4) the price level of product subject to subs idized imports, if such prices could reduce or 
contain the growth of prices of the like product on the market of the Parties, and further growth in demand for the product, which is the subject of the subsidized imports; 
5) exporter's stocks of the product bei ng the subject of the subsidized imports. 
9. The decision on the threat of material injury to the industry of the Parties is adopted if the 
investigating authority during the investigation as the r esult of the analysis of the factors referred to in 
paragraph 8 of this Article came to the conclusion of  the inevitability of the continuation of subsidized 
imports and causation of material injury to such i ndustry of the Parties by subsidized imports in case 
of non-introduction of countervailing measure. 
10. Determination of a causal link between subsidi zed imports and injury to the industry of the 
Parties as a result of such imports should be based on the analysis of all relevant and available to the 
investigating authority evidence and information.  G/ADP/N/1/RUS/1 
 G/SCM/N/1/RUS/1 
 G/SG/N/1/RUS/1 
 Page 29 
  
  11. The investigating authority analyzes known fact ors other than the subsidized imports, which 
at the same time have resulted in injury  to the industry of the States Parties. 
This injury to the industry of the States Parties shall not be attributed by the investigating 
authority to the injury to the industry of the States Parties resulting from the subsidized imports. 
Article 24 
The introduction of provisional countervailing duty 
1. If the information received by the investiga ting authority prior to the termination of the 
investigation, indicates the presence of subsidized imports and injury to the industry of the States 
Parties caused by such imports, the Customs Un ion Commission on the basis of the investigating 
authority's report containing a preliminary determin ation, decides on the application of countervailing 
measure by means of imposition of a provisional count ervailing duty for a period up to 4 months in 
order to prevent injury to the industry of the Par ties caused by subsidized imports in the period of 
investigation. 
2. The provisional countervailing duty cannot be imposed earlier than 60 calendar days from the 
date of initiation of the investigation. 
3. The provisional countervailing duty is imposed at  the rate equal to the previously calculated 
value of a particular exporting foreign country's subsidy per unit of the subsidized and exported 
product. 
4. If as the result of the investigation it is dete rmined that there is no reason for the imposition of 
a countervailing measure, the amount of the provision al countervailing duty shall be refunded to the 
payer in the manner defined in paragraph 6 of Article 28.1 of this Agreement. 
5. If as the results of the investigation the decision on the application of countervailing measure 
is made, the amount of the provisional countervailing duty since the date of entry into force of the 
decision on the application of countervailing measure adopted on the results of the investigation shall 
be credited and distributed in the manner specified in paragraph 5 of Article 28.1 of this Agreement 
taking into account the provisions of paragraphs 6 and 7 of this Article. 
6. If as the result of the investigation it is c onsidered appropriate to impose a lower rate of 
definitive countervailing duty than the rate of th e provisional countervailing duty, amount of the 
provisional countervailing duty corresponding to the amount of countervailing duty, calculated at the 
determined rate of countervailing duty shall be cr edited and distributed in the manner specified in 
paragraph 5 of Article 28.1 of the Agreement. 
The amounts of provisional countervailing duty exceeding the amount of countervailing duty, 
calculated at the determined rate of countervailing duty shall be returned to the payer in the manner 
specified in paragraph 6 of Article 28.1 of the Agreement. 
7. If as the results of investigation it is consid ered appropriate to impose a higher rate of the 
countervailing duty than the rate of the provisiona l countervailing duty, the difference between the 
amounts of countervailing duty and provisional c ountervailing duty shall not be charged. 
8. The provisional countervailing duty shall appl y provided the simultaneous continuation of the 
investigation. G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
Page 30 
  
  9. Provisional countervailing duty is applied in accordance with Article 26 of this Agreement. 
Article 25 
The adoption of voluntary undertakings by subsidizing foreign country  
or country exporting the product under of investigation 
1. The investigation may be suspended or te rminated without the imposition of countervailing 
duty when the Customs Union Commission makes a deci sion to approve the received by investigating 
authority voluntary undertakings in writing, accordin g to which:  exporting foreign country agrees to 
eliminate or reduce subsidies or to take appropr iate measure to eliminate the consequences of 
subsidies or exporter of the product under the investig ation agrees to revise prices of such product that 
was established by that exporter (if there are any related pa rties with the exporter in the States Parties 
these parties shall provide support of the obligations of  the exporter to revise prices) so that as the 
result of the analysis of undertakings adopted by the exporter the investigating authority finds that acceptance of such voluntary undertakings will elim inate injury to the industry of the Parties. 
According to these obligations the increase in price of the product under investigation shall 
not exceed the size of a specific subsidy of the fo reign country, calculated per unit for the subsidized 
and exported product. 
The increase in price of the product under investigation may be smaller than the size of a 
specific subsidy of a foreign country, calculated pe r unit for the subsidized and exported product, if 
such an increase is sufficient to remove th e injury to the industry of the Parties. 
2. The decision to approve voluntary undertak ings is not accepted by the Customs Union 
Commission until the investigating authority comes to  a preliminary conclusion about the presence of 
subsidized imports and the resulting injury to the industry of the Parties. 
The Customs Union Commission does not decide on the approval of voluntary undertakings 
by the exporter of the product under investigation unt il it obtains the consent of the authorized body of 
an exporting foreign country for the acceptance by expor ters of undertakings mentioned in the third 
paragraph of paragra ph 1 of this Article. 
3. The decision to approve voluntary undertak ings is not accepted by the Customs Union 
Commission when investigating authority comes to  a conclusion about the unacceptability of their 
approval due to the large number of actual or potentia l exporters of the product under investigation, or 
for other reasons.  If it is possible the investigating authority reports to exporters the reasons for which 
their voluntary undertakings have not been accepted,  and provides them with opportunity to comment. 
4. The investigating authority shall send to ea ch exporter and the authorized agency of the 
exporting foreign country that have adopted volun tary undertakings a request for non-confidential 
version of such undertakings in order to be able  to make it available to interested parties. 
5. The investigating authority may suggest to an  exporting foreign country or the exporter of the 
product under investigation to accept voluntary undert akings, but can not require their acceptance. 
6. In case of the approval of voluntary undert akings by the Customs Union Commission the 
investigation on the availability of subsidized impo rts and the injury to the industry of the States 
Parties may be extended at the request of the expor ting foreign state or by a decision of the Customs 
Union Commission.  G/ADP/N/1/RUS/1 
 G/SCM/N/1/RUS/1 
 G/SG/N/1/RUS/1 
 Page 31 
  
  7. If as the result of the investigation the inves tigating authority comes to the conclusion about 
the absence of subsidized imports or the injury to  the industry of the Parties, the exporting state or 
foreign exporters, who took voluntary undertakings are automatically exempt from such obligations, 
except for the case where the above conclusion is to a great extent a result of the existence of such 
undertakings.  In case if the conclusion that was made is to a great extent a result of the existence of 
voluntary undertakings the Customs Union Commission may decide that such undertakings shall remain in force for the required period of time. 
8. If as the result of the investigation the i nvestigating authority determines the presence of 
subsidized imports and the injury to the industry of  the States Parties, voluntary undertakings that was 
adopted continue to apply in accordance with their terms. 
9. The investigating authority may request from an exporting foreign country or the exporter if 
their voluntary undertakings were approved by  the Customs Union Commission, information 
concerning their implementation, as well as consent to verify this information. 
Failure to provide requested information within  the prescribed by the investigating authority 
period, as well as opposition to verify this information is considered a violation by a foreign country 
or exporter of voluntary undertakings. 
10. In case if voluntary undertakings by an exporti ng foreign country or exporter are violated or 
withdrawal of such undertakings the Customs Union Commission may decide on the application of countervailing measure by means of introduction  of provisional countervailing duty, if the 
investigation is not yet complete, or countervailing duty, if the final results of the investigation 
indicate on grounds for its imposition. 
Exporting foreign country or the exporter is provided with the opportunity to comment in 
response to such violation in case of violation of its voluntary undertakings. 
11. The decision of the Customs Union Comm ission on acceptance of vol untary undertakings 
shall determine the rate of the provisional or definitive countervailing duty, which can be 
implemented in accordance with paragraph 10 of this Article. 
Article 26 
The imposition and application of countervailing duty 
1. The decision to impose countervailing duty may be taken by the Cust oms Union Commission 
during the period specific subsidy of the exporting foreign state took place. 
2. The decision to impose countervailing duty sha ll be made after the exporting foreign country 
that provides specific subsidy was proposed to hold consultations, but the e xporting foreign country 
refused the offered consultations or in the course of such consultations a mutually acceptable solution 
has not been reached. 
3. Countervailing duty applies to products of a ll the exporters that are the subject of the 
subsidized imports that cause injury to the indus try of the States Parties, except the product supplied 
by the exporters whose voluntary undertakings have been approved by the Customs Union Commission. G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
Page 32 
  
  For products supplied by some exporters the Customs Union Commission may establish 
individual rate of a countervailing duty. 
4. The rate of a countervailing duty shall not exceed the size of a particular foreign country 
export subsidies, calculated per unit of  the subsidized and exported product. 
If subsidies are granted in accordance with the various subsidy programs their cumulative size 
has to be taken into account. 
The rate of countervailing duty may be smaller th an the size of a particular foreign country 
export subsidies, if such rate is sufficient to re pair the injury to the industry of the Parties. 
5. Determining the rate of countervailing duty the investigating authority takes into account 
views of the consumers of the States Parties wh ose economic interests may be affected by the 
introduction of countervailing duty received by the investigation authority in writing.  
Article 27 
Duration and review of countervailing measure 
1. The countervailing measure is applied by the decision of the Customs Union Commission in 
the amount and for the time period required to eliminat e the injury to the industry of the States Parties 
caused by subsidized imports. 
2. Duration of a countervailing measure shall not exceed 5 years from the date of initiation of 
such measure or the date of termination of the re view, which was held in connection with the changed 
circumstances, and concerned both the analysis of th e subsidized imports and the associated injury to 
the industry of the Parties, or in connection with the expiry of the countervailing measure. 
3. Review in connection with the expiry of the countervailing measure is carried out by the 
competent authority, upon a written application filed in accordance with Article 29 of this Agreement, 
or by the initiative of the investigating authority. 
Review in connection with the expiry of the countervailing measure is carried out if the 
application contains the information concerning the possibility of renewal or continuation of 
subsidized imports and injury to the industry of th e States Parties after the expiry of the countervailing 
measure. 
Application for the review in connection with the expiry of countervailing measure shall be 
submitted not later than 6 months before the expiry of the countervailing measure. 
Review should be initiated before the expiry of  countervailing measure, and completed within 
12 months from the date of its initiation. 
Prior to completion of the review conducted in  accordance with this paragraph, the duration 
of application of countervailing measure may be extended by the decision of the Customs Union Commission for the period required for the comple tion of the review conducted in accordance with 
this paragraph.  During the period for which the a pplication of appropriate countervailing measure is 
extended, in accordance with the pr ocedure established for the collecti on of provisional countervailing 
duty, countervailing duty shall be paid at the rate  of countervailing duty, which were established in  G/ADP/N/1/RUS/1 
 G/SCM/N/1/RUS/1 
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 Page 33 
  
  connection with the use of countervailing measure, th e duration of which is extended as the result of 
the conduction of the review. 
If as the result of the review in connection w ith the expiry of countervailing measure the 
investigating authority has determined that there are no grounds for the application of countervailing 
measure, the amount of countervailing duty char ged during the period for which countervailing 
measure has been extended shall be refunded to the payer in the order specified in paragraph 6 of 
Article 28.1 of this Agreement. 
Countervailing measure is extended by the deci sion of the Customs Union Commission if as 
the result of the review in connection with the e xpiry of a countervailing measure the investigating 
authority determines that there is the possibility of the continuation of subsidized imports and injury 
to the industry of the Parties.  From the date of en try into force of the decision of the Customs Union 
Commission to extend the countervailing measure th e amounts of countervailing duty, imposed in the 
manner prescribed for collection of provisional countervailing duty during the period for which 
application of the measure countervailing measur e has been extended, shall be credited and 
distributed in the manner specified in paragraph 5 article 28.1 of the Agreement. 
4. On the initiative of the investigating authority or an interested party, if after the introduction 
of countervailing measure has been passed at least one  year, the review may be carried out in order to 
determine the appropriateness of the application of a countervailing measure, and (or) its review, 
including review of the size of individual countervailing duty rate as a result of changed 
circumstances. 
Depending on the purpose of filing an applica tion for the review in connection with the 
changed circumstances such an application must contain evidence that: 
continuation of the use of count ervailing measure is required to counteract subsidized imports 
and to eliminate the injury to the industry of  the Parties caused by subsidized imports, or 
the size of the existing countervailing measur e exceeds what is sufficient to counteract 
subsidized imports and to eliminate the inju ry to the industry of the Parties caused by 
subsidized imports, or 
existing countervailing measure is insufficien t to counteract subsidized imports and to 
eliminate the injury to the industry of the Parties caused by subsidized imports. 
Review due to changed circumstances must be completed within 12 months from the date of 
its initiation. 
5. The provisions of section V of this Agreemen t relating to the application of evidence and 
investigation are applied to the review provided fo r by this Article, taking into account relevant 
differences. 
6. The provisions of this Article shall apply to  undertakings of the exporting country or foreign 
exporter in accordance with Article 25 of this Agre ement, taking into account relevant differences. 
7. A review can also be conducted in order to determine the individual countervailing duty rate 
for the exporter against which countervailing measure is applied, but has not been investigated for 
reasons other than non-cooperation.  Such a review  may be started by the investigating authority 
according to the application of this exporter. G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
Page 34 
  
  Article 28 
Determination of circumventi on of countervailing measure 
1. Circumvention of countervailing measure mean s the change of the supply process in order to 
avoid payment of countervailing duty or fulfilling the voluntary undertakings. 
2. A review in order to determine the existen ce of circumvention of countervailing measure can 
be initiated on the basis of a written application of an interested party or on the initiative of the 
investigating authority. 
3. The application referred to in paragraph 2 of this Article shall contain evidence of: 
1) circumvention of a countervailing measure; 
2) neutralization of the countervailing measure' s effect (due to the circumvention) on the 
production and (or) sales and (or) the prices of the like product on the market of the States Parties; 
3) the preservation of the producer' and (or) an exporter of the product' (parts and (or) 
the derivatives of such product) benefits from the provision of specific subsidies. 
4. For the period conducted in accordance with  this Article the Customs Union Commission 
may impose countervailing duty, charged according to the procedure established for the collection of 
preliminary countervailing duty, on components and (or) derivatives of the product, which was the 
subject of subsidized imports imported into the single customs territory of the Customs Union from 
the exporting foreign country, as well as for the pr oduct, which was the subject of the subsidized 
imports, and (or ) and its component parts (or) deri vatives that are imported into the single customs 
territory of the Customs Union from other exporting foreign country. 
5. If as the result of review conducted in accordance with this Article the investigating authority 
did not determine the circumvention of counter vailing measure, the amount of countervailing duty 
paid in accordance with the procedure established fo r the collection of provisional countervailing duty 
shall be returned to the payer in the manner specified  in paragraph 6 of Article 28.1 of the Agreement. 
6. If as the result of review conducted in accord ance with this Article the circumvention of a 
countervailing measure applied in accordance with this Agreement is determined, countervailing 
measure may be extended by the Customs Union Commission on the components and (or) derivatives 
of the product, which was the subject of subsidized  imports from the exporting foreign country to the 
single customs territory of the Customs Union, as well as on the product, which was the subject of the 
subsidized imports, its components and (or) derivatives  imported to the single customs territory of the 
Customs Union from other exporting foreign country. 
From the date of entry into force of the Customs Union Commission decision on application 
of a countervailing measure specified in this para graph the amounts of countervailing duty paid in the 
manner prescribed for collection of provisional counte rvailing duty shall be credited and distributed in 
the manner specified in paragraph 5 of Article 28.1 of the Agreement. 
7. Review in order to determine the circum vention of a countervailing measure should be 
completed within 9 months from the date of its initiation.  G/ADP/N/1/RUS/1 
 G/SCM/N/1/RUS/1 
 G/SG/N/1/RUS/1 
 Page 35 
  
  Article 28-1 
Levying (collection), entry, distribution and refund of 
special, antidumping and countervailing duty 
1. Definitions used in this Article shall apply in the meanings defined by the Customs Code of 
the Customs Union and the Agreement on the determin ation and application in the Customs Union of 
the order of entry and distribution of customs duty (o ther duty, taxes and charges that have equivalent 
effect) on 20 May 2010. 
2. In case the Customs Union Commission makes a decision on the application of safeguard, 
antidumping, countervailing measure by imposing a special, antidumping, countervailing duty when 
product are placed under the customs procedures whic h conditions, in accordance with the customs 
legislation of the Customs Union, include compliance with the restrictions in connection with the use 
of safeguard, antidumping and countervailing meas ure, the payment of special, antidumping and 
countervailing duty is made in the manner specified  for the import customs duty, taking into account 
the specifications prescribed in this Article.  
Calculation of special, antidumping, counterva iling duty, origin and termination of the 
obligation to pay these duties, the timing and order of  payment are in line with those prescribed by the 
Customs Code of the Customs Union for the import customs duty, taking into account the specifications prescribed in this Article. 
Change of timing of payment of special, an tidumping, countervailing duty in the form of 
deferral or installment is not to be performed. 
In the case of non-payment or partial payment of the special, antidumping, countervailing 
duty during the specified period their collection is ca rried out in accordance with the legislation of the 
States Party for import customs duties, which custom s authority collects customs duty and taxes with 
the accrued penalties.  The order of calculation, paym ent, collection and refund of penalties is similar 
to the procedure established for the penalties to be paid or levied in connection with the non-payment 
or incomplete payment of import duty. 
This paragraph shall apply to the calculation, payment and collection of provisional special, 
provisional antidumping, provisional countervailing duties. 
3. From the date of entry into force of the Customs Union Commission decision on the 
application of safeguard, antidumping, counterva iling measure the amount of special antidumping, 
countervailing duties (except for provisional sp ecial, provisional antidumping, provisional 
countervailing duties), which the obligation to pay in respect of product imported into a single 
customs territory of the Customs Union arose from the date of initiation of this measure, shall be 
credited and distributed to the budgets of the States Parties in the manner and according to distribution 
standards provided for by the Agreement on the est ablishment and application in the Customs Union 
of the order of entry and distribution of customs duties (other duties, taxes and charges that have 
equivalent effect) on 20 May 2010. 
Special, antidumping, countervailing duties sha ll be credited in national currency on the 
single account of the authorized body of the State Pa rty in which they are payable in accordance with 
the customs legislation of the Customs Un ion, including the collection of these duty. 
The competent authorities of the States Parties consider separately: G/ADP/N/1/RUS/1 
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  - amounts of entry (refund) of the special, antidumping, countervailing duties; 
- amounts of distributed special, antidumping, countervailing duties, listed on the 
accounts in foreign currency of other States Parties; 
- amounts of credited to the state budget revenues from the distribution by the State 
Parties of special, antidumping, countervailing duties; 
- amounts of special, antidumping, countervailing duties collected in the state budget 
from the other Parties. 
The above revenues are reported separately on  the financial performance of each of the 
Parties. 
The amounts of special, antidumping, countervailing duty, received on a single account by the 
authorized body of the State Part y on the last working day of the calendar year of the Party, are 
reported on the financial performance of that year. 
Amounts of distributed special, antidumping, countervailing duties for the last working day of 
the calendar year of the Party are listed not later than the second working day of pending year of the 
State Parties to the budget of the State Party and to accounts in foreign currency of other States Parties, and are reported on financial pe rformance of the current accounting year. 
Revenues from the distribution of special, antidumping, countervailing duties received in the 
budget of the State Party from the competent author ities of other States Parties for the last working 
day of each calendar year of other States Parties are reported on financial performance of this year. 
Special, antidumping, countervailing duty shall be pa id by taxpayers to a single account of the 
authorized body of the Party in which they are pa yable in accordance with the customs legislation of 
the Customs Union, individual settlement  (payment) documents (instructions). 
Special, antidumping, countervailing duties shall not credited on account of payment of taxes 
and fees, as well as other payments. 
On account of payment of special, antidumping, countervailing duties it may be credited taxes 
and fees, as well as other payments (excluding impor t duties and export duties on crude oil and certain 
types of product produced from crude oil (petrole um), exported from the customs territory of the 
Customs Union), received on a single account by the au thorized body of the State Party in which they 
are payable in accordance with the custom s legislation of the Customs Union. 
Funds that are on the single account of the author ized body shall not be levied in execution of 
court decisions or in any other way. 
4. The provisional special, provisional antidumping, provisional countervailing duties shall be 
paid (collected) in the national currency to the account  specified by the legislation of the of the State 
Parties, by whose customs authorities the provisi onal special, provisional antidumping, provisional 
countervailing duties are charged. 
5. As set forth in this Agreement, amounts of paid (collected) provisional special, provisional 
antidumping, provisional countervailing duties and sp ecial, antidumping, countervailing duties paid in 
the manner specified for the levying of appropriate t ypes of provisional duty, shall be credited to the  G/ADP/N/1/RUS/1 
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  special, antidumping, countervailing duties and transf erred to a single account of the authorized body 
of the State Party in which they were paid, not late r than 30 working days from the date of entry into 
force of the Customs Union Commission's decision on the application (extension, spread to the 
components and (or) derivatives) of the safe guard, antidumping, countervailing measures. 
6. Refund of the amounts of provisional special, provisional antidumping, provisional 
countervailing duties is carried out in the cases specifi ed in this Agreement, in accordance with the 
laws of the State Party, in which provisional special, provisional antidumping, provisional countervailing duties were paid (collected). 
7. Refund of overpaid (collected) amounts of special, antidumping, countervailing duties 
is carried out from a single account of the authorized  body in the current day within the amounts of 
special, antidumping, countervailing duties, received to the single account of the authorized body 
and credited in the reporting day, taking into acco unt the amount of returned special, antidumping, 
countervailing duties, rejected by the nati onal (central) bank on the reporting day. 
Refund of overpaid (collected) special, antidumping, countervailing duty from a single 
account of the authorized body of the Repub lic of Kazakhstan is carried out on the 
reporting day within the amounts of special, antidumpi ng, countervailing duties received (credited) to 
the single account of the authorized body of th e Republic of Kazakhstan on the day of return. 
Determination of the amount of refund of special, antidumping, countervailing duties on a 
current day is carried out before the distributio n of received special, antidumping, countervailing 
duties between the budgets of the States Parties. 
In case of insufficient funds for the refund of special, antidumping, countervailing duties in 
accordance with the first and second paragraphs of this  paragraph, such a repayment is carried out by 
the State Party on the subsequent working days.  Pena lties (interest) for a late repayment of specific, 
antidumping, countervailing duties shall be paid to  the payer from the budget of the State Party and 
shall not be included in the special, antidumping, countervailing duties. 
8. The established by this Article procedure for enrollment and the distribution between the 
Parties of amounts of special, antidumping, countervailing duty shall also apply to penalties. 
9. The distribution of amounts of special, antidumping, countervailing duties by the authorized 
body of the Party among the States Parties is carried out on the next working day of the State Parties 
after the reporting day, on which the amounts of  the special, antidumping, countervailing duties are 
credited to the single account of the authorized body. 
The total amount of the special, antidumping, countervailing duties to be distributed to the 
budgets of the States Parties shall be determ ined by the subtraction from the amount of 
special, antidumping, countervailing duties receive d (credited) on the reporting day, including 
rejected by the National (central) bank settlement (payment) document (instructions) to transfer the 
amounts of special, antidumping, countervailing duties to be refunded on the reporting day, of the 
amount of special, antidumping, countervailing duties to be refunded on the current day. 
10. Transfer of the amounts of special, antidumping, countervailing duties by the States Parties is 
carried out by the competent authorities of the States  Parties in the foreign currency to the accounts of 
other States Parties on the next day after the day of admission to a single account of the authorized body working day at the State Parties.  Settlement (p ayment) document (instruction) for the transfer of 
sums of special, antidumping, countervailing dutie s to the States Parties should be sent by an G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  authorized body to the national (central) bank for fu rther transfer in foreign currency to the accounts 
of other States Parties up to 14 pm local time on th e working day in State Parties, following the date 
of enrollment of amounts of special, antidumping, countervailing duties to the single account of the 
authorized body of the State Party.  In that settlement (payment) document (instruction) for the 
transfer, the date for which special, antidumpi ng, countervailing duties was distributed and the 
amount to be distributed among the budgets of the St ates Parties in the national currency is specified. 
11. Exchange of information between the compet ent authorities of the States Parties necessary for 
the implementation of this Agreement shall be in  accordance with the decisi on of the Customs Union 
Commission determining the order, form  and timing of information exchange. 
V. INVESTIGATION 
Article 29 
Basis for investigation 
1. The investigation in order to determine the existence of increased import and the resulting 
serious injury to the industry of the Parties or th e threat of such injury, as well as to determine the 
existence of dumped or subsidized imports and the r esulting material injury, threat of such injury, or 
significant delay of establishment of industry of the States Parties conducted by the investigating 
authority upon the written appli cation or on its own initiative. 
2. The application referred to in paragra ph 1 of this Article shall be submitted by: 
1) the producer of the like or directly co mpetitive products (submitting application on a 
safeguard measure), or the like product (s ubmitting application on an antidumping or 
countervailing measure) in the States Parti es or by its authorized representative; 
2) the association of producers, participants of which include producers of a major part, 
but not less than 25 per cent of the total production of the like or directly competitive product (submitting application on a safe guard measure), or the like product 
(submitting application on an antidumping or countervailing measure) in the States 
Parties, or by its authorized representative. 
Authorized representatives of such producers and associations must have a properly 
executed power, confirmed by documents, the origin als of which are submitted to the investigating 
authority together with the application. 
3. The application referred to in paragraph 1 of this Article shall be attached with the evidence 
that the producers of the like or directly compe titive product or the like product in the States Parties 
support such an application.  Sufficient evidence of the support of such an application shall be: 
1) documents demonstrating that other producers of the like or directly competitive 
product in the States Parties join the application, producing together with the applicant a substantial part, but not less than 25 per cent of the total production of the 
like or directly competitive product in  the Parties (submitting application on a 
safeguard measure); 
2) documents demonstrating that the share of production of the like product producers in 
the States Parties supporting the application (inc luding the applicant), is not less than  G/ADP/N/1/RUS/1 
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  25 per cent of the total production of the lik e product in the States Parties, provided 
that the volume of production of the like product by producers in the States Parties supporting the statement (including the app licant), is more than 50 per cent of the 
production of the like product by producers in the States Parties expressed their 
opinion (support or opposition) regarding the application (applying for antidumping 
or countervailing measure). 
4. The application referred to in paragr aph 1 of this Article shall contain: 
1) information about the applicant, the total production in quantity and value of the like 
or directly competitive product (applying for a safeguard measure), the like product 
(applying for an antidumping or countervailing measure), by the industry of the Parties within three years immediately preced ing the date of application, as well as 
the volume of production in quantity and value of the like or directly competitive product (applying for a safeguard measure), or the like product (applying for an 
antidumping or countervailing measure) of producers in the States Parties who 
supported the application and their share in total production in the States Parties of the like or directly competitive product (applying for safeguard measure), or the like product (applying for antidumping or countervailing measure); 
2 description of imported to the single customs territory of the Customs Union product 
against which it is proposed to impose a safeguard, antidumping or countervailing 
measure with the code of the Commodity Nomenclature of Foreign Trade of the 
Customs Union; 
3) the name of exporting foreign countries or countries of origin or exportation of 
product on the basis of customs statistics; 
4) information about the known producers a nd (or) exporters of this product in the 
exporting foreign country and the major known importers and c onsumers of product 
in the States Parties; 
5) information about the change in the volume of imports into the single customs 
territory of the Customs Union for the previous period, as well as for the subsequent period for which at the date of the application representative statistics are 
available, of the product, on  which is proposed to impose a safeguard, antidumping or 
countervailing measure; 
6) information about the change of the volume of exports of the like or directly 
competitive product (applying for safeguard measure), or the like product (applying for antidumping or countervailing measure) from the single customs territory of the Customs Union for the previous period, as well as for the subsequent period for 
which at the date of the application representative statistics are available. 
5. Along with the information specified in para graph 4, depending on the requested measure by 
the applicant application shall contain: 
1) evidence of increased imports of produc t against which it is proposed to impose a 
safeguard measure, evidence of serious injury to the industry of the Parties or the threat of such injury as a result of increa sed imports of the product against which it is 
proposed to impose a safeguard measure, the proposal to impose a safeguard measure G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  with the volume and duration of such measure and action plan for adaptation of the 
industry of the Parties to operate in the conditions of a foreign competition during the 
duration proposed by the applicant for the safeguard measure (in application on the 
safeguard measure); 
2) information on the presence of dumped imports of the product against which it is 
proposed to introduce antidumping measure, ev idence of material injury, threat of 
such injury or a significant delay in the creation of the industry of the Parties as a result of dumped imports, as well as a proposal to impose antidumping measure, the 
volume and duration of the measure (in application on an antidumping measure); 
3) information on the availability and nature of  specific subsidies of a particular foreign 
country and, if possible, its volume, evidence of material injury, threat of such injury or a significant delay in the creation of the industry of the Parties as a result of subsidized imports, as well as a proposal  for the imposition of countervailing 
measure, the volume and duration of such a measure (in an application for a 
countervailing measure). 
Evidence of serious injury or the threat of serious  injury to the industry of the Parties (in the 
case of an application for an investigation prior to the application of safeguard measure), and evidence 
of material injury or the threat of material injury to the industry of the Parties, or a significant delay in the establishment of the industry of the States Part ies as a result of dumped imports or subsidized 
imports (in an application on the application of  antidumping measure or countervailing measure) 
should be based on objective factors that character ize the economic situation of the States Parties 
industry and should be expressed in quantitative a nd (or) value terms (including the volume of 
production and its sales, the share of product in the market of the Parties, the production cost of the product, the price of the product, the degree of ca pacity utilization, productivity, profit margins, 
profitability, sales of product, investment in the industry of the Parties). 
6. The filing date is the date of the applica tion registration by a investigating authority. 
7. Figures in an application, for the purpose of comparability, should be displayed in the same 
quantitative and monetary unit. 
8. The information contained in the application mu st be signed by the head of the producer that 
have provided such information, as well as their employees, responsible for accounting and financial 
statements with regard to information di rectly related to the data of producers. 
9. Application with its non-c onfidential version (if the application contains confidential 
information) is submitted to the investigating authority in accordance with the provisions of 
paragraph 8 of Article 3 of this Agreement and is subject to regist ration on the day of receipt of an 
application by the authority. 
10. Application for the application of a saf eguard measure, antidumping or countervailing 
measure is rejected for the following reasons: 
failure to provide the information specified in para graphs 3-5 of this article in the application; 
unreliability of the information submitted by th e applicant as provided for by paragraphs 3-5 
of this Article.  G/ADP/N/1/RUS/1 
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  Rejection of an application on other grounds is not permitted. 
11. The investigating authority prior to making a d ecision on the initiation an investigation shall 
notify in writing the exporting foreign country on  receipt of the application for antidumping or 
countervailing measure. 
12. The investigating authority prior to making a decision on the initiation of an investigation 
within 30 calendar days from the date of the application registration examines the adequacy and 
reliability of the evidence and the information c ontained in this application in accordance with 
paragraphs 3-5 of this article.  This period may be extended, if the investigating authority needs to 
receive additional information from the applicant, but in all cases it should not exceed 60 calendar 
days. 
13. The application may be withdrawn by the app licant prior to the investigation or during the 
investigation. 
The application is considered not filed if it is withdrawn before the initiation of the 
investigation. 
If the application is withdrawn during the inv estigation, the investigation is terminated 
without the imposition of safeguard, antidumping or countervailing measure. 
14. Before deciding whether to initiate an inv estigation, the information contained in the 
application is not subject to public disclosure. 
Article 30 
The initiation of investigation and its conduct 
1. The investigating authority before the expiry  of the period referred to in paragraph 12 of 
Article 29 of this Agreement, shall make a decisi on on initiation of an investigation or to refuse to 
conduct it. 
2. While making a decision to refuse to conduct an investigation the investigating authority shall 
notify in writing the applicant not later than within  10 calendar days from the date of such decision on 
the reason of refusal to conduct the investigation. 
3. While making a decision on initiation of an inv estigation, the investigating authority shall 
notify in writing the authorized body of the exporting foreign country, as well as other known interested parties of the decision and provide w ithin the period not exceedi ng 10 working days from 
the date of the decision the publication of notice of  the initiation of an investigation in official 
publication. 
3-1. The date of publication of the notice of initiati on of an investigation on the official site of the 
Customs Union Commission is considered to be the date of initiation of the investigation. 
4. The investigating authority may decide to in itiate an investigation, including on its own 
initiative only if at its disposal evidence of increased imports and the resulting serious injury or threat 
of such injury to the industry of the Parties or the presence of dumped or subsidized imports and the 
resulting material injury, threat of such injury, or a significant delay in  the creation of the industry of 
the Parties. G/ADP/N/1/RUS/1 
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  If the available evidence is insufficient, su ch an investigation cannot be initiated. 
4-1. The period of investigation prior to the application of safeguard, antidumping or 
countervailing measure shall be establishe d by the investigating authority. 
5. Interested parties may declare in writing of their intention to participate in the investigation.  
They are recognized as participants in the inves tigation since the date of the provision to the 
investigating authority an application of their intention to participate in the investigation. 
6. Interested parties may submit within the te rms that do not violate the investigation course 
information necessary for conduction investigation, including confidential information, indicating the 
source of such information. 
7. The investigating authority may request the interested party to provide with additional 
information for the purposes of the investigation.  
Request is considered as received by interested party from the moment of its transfer to the 
representative of an interested party, or with in 7 calendar days from the date of mailing. 
Response of the interested party shall be submitted  to the investigating authority not later than 
30 calendar days from the date of receipt of the re quest.  The information provided by the interested 
party after the deadline may not be taken in to account by the investigating authority. 
If there is motivated and described in writing re quest from the interested party the time limit 
may be extended by the investigating authority. 
8. If the interested party refuses to provide to the investigating authority required information or 
fails to provide it on time or provides false informat ion, thus significantly impeding the investigation, 
this interested party is considered non-cooperative,  and a provisional or final decisions may be taken 
by the investigating authority based  on information available to it. 
Failure to submit the requested information in el ectronic form or in electronic form defined in 
the request of the investigating authority should not be regarded by the investigating authority as the 
non-cooperation if this interested party can prove that the full implementation of the criteria for the 
provision of information as defined in the request of the investigating authority is impossible or 
involves significant financial costs. 
If the investigating authority does not consider the information provided by the interested 
party for reasons other than those referred to in th e first subparagraph of th is paragraph, the party 
must be informed about the causes and reasons for the decision and the party should be provided with 
the possibility to comment in this regard within th e time determined by the investigating authority. 
If in a course of preparation of the provisiona l or final conclusion of the investigating 
authority, including determination of normal value of the product (in case of antidumping investigation), the provisions of subparagraph one of  this paragraph were a pplied and the information 
was used, including that provided by the applicant, the information used in the preparation of such 
conclusions should be checked using the availabl e information obtained from third sources or from 
interested parties, provided that the holding of such  a test does not harm the investigation and will not 
lead to the violation of its timing.  G/ADP/N/1/RUS/1 
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  9. The investigating authority shall provide par ticipants with copies of applications or its non-
confidential version, if the applicati on contains confidential information. 
In the course of the investigation the investiga ting authority taking into account the need to 
protect confidential information provides participan ts on their request with information submitted in 
writing by any interested party as the evidence rela ting to the subject of an investigation, to 
familiarize themselves with this information. 
In course of the investigation the investigating authority shall provide the participants of the 
investigation with the opportunity to get acqua inted with other information relevant to the 
investigation and used in the course of the inves tigation, except for the confidential information. 
10. At the request of interested parties the i nvestigating authority holds consultations on the 
subject of ongoing investigation. 
11. In the course of the investigation, all inte rested parties have opportunity to defend their 
interests.  For this purpose, the investigating aut hority shall provide all interested parties at their 
request with the opportunity to meet in order to be able to provide opposing points of view and to 
offer rebuttal.  Such an opportunity is given regard ing the need for confidentiality of information.  All 
the interested parties are not required to attend th e meeting, and the absence of any interested party 
does not involve injury to its interests. 
12. Consumers who use the product under i nvestigation in the production purposes, 
representatives of consumer associations, state au thorities (government), local government, as well as 
other parties may provide the investigating aut hority with the information relevant to the 
investigation. 
13. The period of investigation shall not exceed: 
1) 9 months from the date of initiation of an investigation based on application on 
safeguard measure.  This period may be exte nded by the investigating authority, but 
not more than for 3 months; 
2) 12 months from the date of initiation of an investigation based on application on 
antidumping or countervailing measure.  This period may be extended by the 
investigating authority, but not more than for 6 months. 
14. The investigation should not prevent the cust oms clearance of the product under investigation. 
15. The date of termination of the investigati on is the date of the Customs Union Commission's 
consideration of the report on the investigation resu lts and of the draft decision of the Customs Union 
Commission, referred to in paragraph 6 of Article 3 of this Agreement. 
If the investigating authority makes a final conclusion about the absence of grounds for 
application, review or cancellation of safeguard, antidumping and countervailin g measure, the date of 
termination of the investigation shall be the date of  publication by the investigating authority of the 
appropriate notice.  In the case of the intro duction of provisional special duty, provisional 
antidumping duty or provisional countervailing duty inves tigation is to be completed before the expiry 
of the relevant provisional duty.  G/ADP/N/1/RUS/1 
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  Paragraph 16 of Article 30 is applied from the date of transfer by the Customs Union 
Commission the power to monitor compliance with common rules of competition in accordance with 
the Agreement on common principles and rul es of competition on 9 December 2010 (second 
paragraph of Article 43 of this document). 
16. If within two years immediately preceding the date of initiation of the investigation, one 
producer who supported the application referred to in  paragraph 1 of Article  29 of this Agreement 
(including its entry into the group of parties within the meaning of the Agreement on common principles and rules of competition on 9 December 2010), account for a share of production on the 
single customs territory of the Customs Union of the like or directly competitive product (in an 
investigation prior to the application of a safeguard  measure), or the like product (in an investigation 
prior to the application of antidumping or counter vailing measure), with which, in accordance with 
the methodology of assessing the state of competition, approved by the decision of the Customs Union Commission, the position of the manufacturer (including its entry into the group of parties) on 
the relevant market of the Customs Union can be  recognized as dominant, the authority responsible 
for monitoring compliance with common rules of competition of the Common Economic Space at the request of the investigating authority, assesses the impact of a safeguard, antidumping or countervailing measure on competition in the re levant market of the Customs Union. 
Article 31 
Features of the antidumping investigation 
1. Antidumping investigation is terminated wit hout the imposition of antidumping measure, if 
the investigating authority determines that the dum ping margin is less than the minimally acceptable 
margin of dumping or the amount of the incident  or the potential volume of the dumped imports or 
material injury caused by such imports, or the threat of such injury, or significant delay in creation of 
the industry of the Parties are insignificant. 
The minimally acceptable margin of dumping means dumping margin which rate does not 
exceed 2 per cent. 
2. The volume of dumped imports from a particular fo reign country is negligible if it is less than 
3 per cent of total imports of the like product to th e single customs territory of the Customs Union, 
provided that the exporting foreign countries, the sh are of each in the dumped imports is less than 
3 per cent of the total imports of the like product to  the single customs territory of the Customs Union 
in the aggregate accounting is not more than 7 per cent of total imports of the like product to the 
single customs territory of the Customs Union. 
3. The investigating authority before making a decision on the results of antidumping 
investigation shall send to the participants of the investigation non-confidential version of the final 
conclusions and provide an opportunity to comment. 
Article 32 
Features of the countervailing investigation 
1. Countervailing investigation sh all be terminated without the imposition of the countervailing 
measure if the investigating authority determines th at the volume of a particular foreign country 
subsidies is minimal or the incident or the potentia l volume of the subsidized imports or the material  G/ADP/N/1/RUS/1 
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  injury due to such imports or threat of such injury , or a significant delay in the creation of the industry 
of the Parties are negligible. 
2. The volume of the specific subsidy is recognized to  be minimal if it is less than 1 per cent of 
the price of the product under the investigation. 
The volume of subsidized imports are generally  recognized as negligible if it constitutes less 
than 1 per cent of total imports of the like produc t to the single customs territory of the Customs 
Union, provided that the exporting foreign countries,  the individual share of which is less than 1 per 
cent of the total imports of the like product to th e single customs territory of the Customs Union, 
together accounts for less than 3 per cent of total imports of the like product to the single customs 
territory of the Customs Union. 
3. Countervailing investigation ag ainst the product being the subject of subsidized imports and 
originating from a developing country of single system of preferences of the Customs Union shall be terminated, if the investigating authority determin es that the total amount of specific subsidies of 
foreign country, provided to the product does not exceed  2 per cent of its value per unit or the share of 
imports from a country in total imports of the produc t to the single customs territory of the Customs 
Union is less than 4 per cent, provided that the total share of imports of product into the single 
customs territory of the Customs Union from the de veloping countries, if the share of each represents 
less than 4 per cent of the total imports of the pro duct to the single customs territory of the Customs 
Union, does not exceed 9 per cent of total imports of the product to the single customs territory of the 
Customs Union. 
4. The investigating authority before maki ng a decision on the results of a countervailing 
investigation sends to participants  of investigation non-confidential  version of the final conclusions 
and provides with an opportunity to comment. 
Article 33 
Determination of the industry of the Parties  
in case of dumped or subsidized imports 
 
1. During antidumping or countervailing investiga tion the industry of the States Parties shall 
have the meaning defined by Article 2 of this Agre ement, except cases specified in paragraphs 2 and 3 
of this Article. 
2. If the producers of the like product in the States Parties are at the same time importers of the 
product, which is allegedly the subject of dumped or subsidized imports, under the industry of the 
Parties can be understood only other producers of the like product in the States Parties. 
Under the industry of the States Parties also can be understood only other producers of the 
like product in the States Parties if: 
1) particular producers of the like product in the States Parties directly or indirectly 
control exporters or importers of the product under investigation; 
2) particular exporters or importers of the product under investigation directly or 
indirectly control the producers of the like product in the States Parties; G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  3) particular producers of the like product in  the States Parties and the exporters or 
importers of the product under investigation ar e directly or indirectly controlled by a 
third party; 
4) particular producers of the like product in  the member-states of the Customs Union 
and foreign producers, exporters or impor ters of the product under investigation 
directly or indirectly control a third part y, provided that the investigating authority 
has a reason to believe that such a li nk causes different from unrelated parties 
behavior of such manufacturers. 
3. In exceptional circumstances, while determini ng the industry of the States Parties the territory 
of these states can be considered as an area wh ere there are 2 or more geographically separate 
competitive markets, and producers in the States Parties within one of these markets can be 
considered as a separate industry of the Parties if such producers sell on this market for consumption 
or processing at least 80 per cent of the like produc t produced by them, and demand for such the like 
product on such a market is not satisfied to a grea t extent by the producers of such product which are 
located on the rest of the States Parties territory. 
In such cases, the presence of materi al injury, threat of such inju ry or a significant delay in the 
establishment of the industry of the States Parties as a result of the dumped or subsidized imports can 
be determined even if the main part of the industry of the States Parties is not injured, provided that 
the sales of the product being the subject of dumped or  subsidized imports are concentrated in one of 
these competitive markets and dumped or subsidized  imports cause injury to all or almost all 
producers of the like product in the States Parties within one of such markets. 
4. If the industry of the Parties have the meaning prescribed by paragraph 3 of this Article, and 
as the result of the investigation it is decided to  apply antidumping or countervailing measure, this 
measure can be applied to all imports of the produc t to the single customs territory of the Customs 
Union. 
In this case, antidumping or countervailing duty is imposed only after the investigating 
authority provided exporters of the product with th e possibility to terminate the export to the territory 
at dumping prices (in case of dumped imports) or at subsidized prices (in case of subsidized imports), or to adopt relevant undertakings on export conditio ns to a single customs territory of the Customs 
Union, provided that this possibility has not been used by exporters. 
Article 34 
Public Hearings 
1. On the basis of the petition submitted in writing by  any of the participants in the investigation 
and filed in accordance with period prescribed by this  Agreement, investigating authority shall ensure 
the holding of public hearings. 
2. The investigating authority shall send the notice with time a nd place of public hearings and a 
list of issues addressed during the public hearing to the participants of the investigation. 
The time of public hearings shall be appointed not earlier than 15 calendar days from the date 
of the notice.  G/ADP/N/1/RUS/1 
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  3. At the public hearing participants of the inv estigation or their representatives may participate, 
as well as parties involved in order to present their av ailable information relevant  to the investigation. 
During the public hearings, participants may express their views and submit evidence relevant 
to the investigation.  A representative of the investig ating authority has the right to ask participants of 
public hearings questions on the merits of the reporte d facts.  Participants in the investigation may 
also ask each other questions and have to give th em answers.  Members of public hearings are not 
required to disclose information that is considered confidential. 
4. The information presented during public hear ings orally is taken into account during the 
investigation, if, within 15 calenda r days after the public hearing par ticipants provided it in writing to 
the investigating authority. 
Article 35 
Collection of information in the course of the investigation 
1. After the decision to initiate the antidumping or countervailing investig ations is made the 
investigating authority shall send to known expor ters and (or) the producers of the product under 
investigation a list of questions to which they must respond. 
The list of questions is also sent to producers of the like or directly competitive product (in 
case of safeguard investigation) or the like product (in case of antidumping or countervailing 
investigation) in the States Parties. 
2. Exporters and (or) producers, whom had been sent a list of questions must submit their 
responses to the investigating author ity within 30 calendar da ys from the date of receipt of the list. 
If there is request motivated and described in  writing of exporters and (or) producers this 
period may be extended by the investigating au thority for not more than 14 calendar days. 
3. The list of questions is considered to be received by the exporter (or) the producer of the 
product within 7 calendar days from the date of mai ling or on the day of the direct transfer to the 
agent of exporter and (or) the producer. 
Answers to questions on the list are considered to  be received by the investigating authority if 
they reach the investigating authority in a conf idential and non-confidential versions no later than 
7 calendar days from the expiry referred to in paragr aph 2 of this Article of  30-day period or from the 
date of expiry of the extension. 
4. The investigating authority verifies the accura cy and reliability of information provided by 
interested parties in the co urse of the investigation.  
In order to verify the inform ation submitted in the course of the investigation or additional 
information associated with the investigation, th e investigating authority, if necessary, may conduct a 
verification visit: 
in a foreign country subject to the consent of  the foreign exporters and (or) the producers of 
the product under investigation and if there we re no objections from a foreign country, which 
was officially notified in advance about the upcoming investigation; G/ADP/N/1/RUS/1 
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  in a State Party subject to the consent of the importer of the product under investigation and 
(or) the producer of the like or directly co mpetitive product and if there were no objections 
from the authorized body of the Party, which was officially notified in advance about the 
upcoming investigation. 
The verification visit is carried out after receipt of replies to the lists of questions sent by the 
investigating authority in accordance with the provisi ons of paragraph 1 of this Article, except cases 
when a foreign producer or exporter voluntarily ag reed to conduct a verification visit before such 
responses in the absence of objections from the relevant foreign State. 
After obtaining the consent of the participants in  the investigation and prior to the verification 
visit takes place they are sent a list of documents a nd materials to be submitted to staff aimed at 
carrying out the verification visit.  The investigating authority shall notify the foreign government of the names and addresses of the exporters or foreign producers, which are planned to be visited for 
verification, as well as of the dates of these verification visits. 
During verification visits othe r documents and materials necessary to validate submitted in 
response to the questionnaire information may also be requested. 
If during the verification visit the investigating authority intends to engage for the purposes of 
such verification the experts who are not members of th is body, the participants in the investigation in 
respect of which it is supposed to carry out the veri fication visits must be given sufficient notice of 
such decision of the investigating au thority.  The participation of such experts in the verification visits 
shall be allowed only if there is a possibility to ap ply sanctions for violation of confidentiality of 
information received in connecti on with the verification visit. 
5. In order to verify the submitted information during an investigation or additional information 
associated with the investigation,  the investigating authority ma y send its representatives to the 
location of the interested parties to collect info rmation, to hold consulta tion and negotiation with 
parties, to get acquainted with the samples of the product and take other necessary for the 
investigation actions. 
6. The public authorities (government) of the Parties shall provide the investigating authority 
with the required for the purposes of the investigation information prescribed in this Agreement, upon 
the relevant request. 
Providing the investigating authority for the purposes of an investigation with information 
constituting banking, tax, commercial and other secrets protected by law, except for state secrets, or 
with information for official use, the inves tigating authority provides the necessary level of 
confidentiality of such information and stores it saf ely.  The information received is taken into 
account by the investigating authority during the i nvestigation and the preparation of proposals under 
its results. 
Article 36 
Interested parties 
1. Interested parties during the course of the investigation are:  G/ADP/N/1/RUS/1 
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  1) a producer of the like or directly compet itive product (for safeguard investigation) or 
the like product (for antidumping or countervailing investigation) in the States Parties;   
2) the association of producers in the States Parties, where the majority of participants 
are producers of the like or directly compe titive product (for safeguard investigation)  
or the like product (for antidumping or countervailing investigation); 
3) the association of producers of the States Parties which members produce more than 
25 per cent of the total production of the like or directly competitive product (for 
safeguard investigation) or the like product (for antidumping or countervailing 
investigation) in the States Parties; 
4) an exporter, foreign producer or importe r of the product under investigation and the 
association of foreign producers, significant part of which are producers, exporters or 
importers of product from the exporting st ate or foreign country of origin; 
5) the competent authority of the exporting foreign country or country of origin; 
6) consumers of the product under investigation if they use such a product in the 
production process, and the association of consumers in the States Parties; 
7) the public associations of consumers if the product is consumed mainly by 
individuals. 
2. Interested parties act in the course of the investigation on their own or through their 
representatives who have duly executed powers. 
If during the investigation the interested party acts through an authorized representative, the 
investigating authority shall give the party all the information about the subj ect of the investigation 
only through this representative. 
Article 37 
Confidential information 
1. Information provided by the interested party to  the investigating authority shall be considered 
as confidential when this party submitted justificati on, indicating that disclosure of such information 
would provide a competitive advantage to a third pa rty or entail adverse c onsequences for the party 
that submits such information or for the part y from which it obtained such information. 
Confidential information is not disclosed without  permission of the interested party submitted 
such information. 
2. Interested parties submitted confidential info rmation shall also provide the non-confidential 
version of such information. 
Non-confidential version should be sufficiently  detailed to understand the substance of the 
information provided in a confidential way. G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  In exceptional circumstances, interested parti es may submit a justification of inability to 
provide confidential information in non-confidence,  setting out the reasons for which it is impossible 
to provide the non-confidential version. 
3. If the investigating authority determines that the reasons presented by the interested party do 
not allow to relate the information to the confiden tial information or the interested party who has not 
submitted a non-confidential version of the confidenti al information does not provide a justification of 
inability to provide confidential information in the form of non-confidential information, or represents 
the information that does not justify the inability to  provide confidential information in the form of 
non-confidential, the investigating authority ma y choose not to consider this information. 
4.  For disclosure, the use for personal benef its, other misuse of confidential information 
provided for the investigating authority by the app licants, members of Investigation, the interested 
parties or the competent authorities of the Parties for the purpose of the investigation, officers and 
employees of the investigating authority may be de prived of the privileges and immunities under the 
Convention on the Privileges and Immunities of th e Eurasian Economic Community on 31 May 2001, 
and brought to justice in the manner and accordin g to rules approved by the Commission of the 
Customs Union. 
For the purposes of this Article, the competent authorities of the Parties shall be interpreted as 
the public authorities (government) and territorial (local) public authorities (government) of member-
states of the Customs Union, authorized in the area of  customs, statistics, taxation, registration of legal 
persons and other areas as well as diplomatic and trad e missions of the Parties in foreign countries. 
The rules of use and protection of confidential in formation in the investigating authority is to 
be adopted by the Customs Union Commission. 
Article 38 
Consultations to determine the exis tence of alleged specific subsidy  
from exporting foreign country 
1. After taking into consideration the appli cation and before the decision to initiate an 
investigation, the investigating authority shall pr ovide the authorized body of the exporting foreign 
country, where the exported product against whic h countervailing measure is proposed to introduce 
originates, with consultations in order to clarify the situation regarding the availability, volume, and 
the consequences of the alleged specific subsidy and to achieve a mutually acceptable solution. 
Such consultation may continue in the course of the investigation. 
2. Consultation referred to in pa ragraph 1 of this Article shall not prevent the investigating 
authority from making the decision on initiation of an  investigation and application of countervailing 
measure. 
Article 39 
Notifications of decisions made during investigations 
1. Notifications of decisions made during inv estigations are published by the investigating 
authority on the official website of the Customs Union Commission.  G/ADP/N/1/RUS/1 
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  Such notifications are also sen t to the authorized body of a foreign exporting country and 
other interested parties known to the investigating authority. 
2. Notice of initiation of an investigation shall contain: 
1) a complete description of the product under investigation; 
2) the name of the exporting foreign country; 3) a summary of the facts supporting the feasibility of making a decision to initiate an 
investigation; 
4) evidence of increased imports into the si ngle customs territory of the Customs Union 
(deciding whether to initiate safeguard investigation); 
5) a summary of the facts proving the serious inju ry or the threat of the serious injury to 
the industry of the States Parties (d eciding whether to initiate safeguard 
investigation); 
6) a summary of the grounds for a positive  conclusion about the presence of dumped or 
subsidized imports (deciding whether to  initiate antidumping or countervailing 
investigation); 
7) a summary of the facts proving the existence of material injury or threat of material 
injury to the industry of the Parties, or a significant slowdown in the creation of the industry of the Parties (deciding whether to initiate antidumping or countervailing investigation); 
8) the address to which interested partie s may submit their views and information 
related to the investigation; 
9) the period of not less than 30 calendar days during which interested parties may 
express their intention to partic ipate in the investigation; 
10) the period of not less than 60 calendar days during which the participants of the 
investigation may request a public hearing; 
11) the period of not less than 90 calendar days during which interested parties may 
submit written comments and informatio n related to the investigation. 
3. Notice of the introduction of provisional safeguard, provisional antidumping or provisional 
countervailing duty shall include explanation of th e provisional decision of the competent authority 
about the existence of increased imports and the resulting serious injury or threat of such injury to the 
industry of the States Parties, the presence of dumped or subsidized imports and the resulting material 
injury, threat of such injury or a significant dela y in the establishment of the industry of the States 
Parties, as well as an indication on the facts upon which the decision to impose provisional safeguard, provisional antidumping or provisional countervailing duty is made. 
Notice of the introduction of provisional antidum ping or provisional countervailing duty must 
also contain the following information: G/ADP/N/1/RUS/1 
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  1) the name of the exporter of the product under investigation, or if the information 
can not be provided, the name of the exporting foreign country; 
2) sufficient for the purposes of customs clearance description of the product under 
investigation; 
3) the grounds for a positive conclusion about the presence of dumped imports 
indicating the rate of the dumping margin and the description of reasons for choosing the methodology for calculating and comparing the normal value of the product and the export price (with the introduction of provisional antidumping duty); 
4) the grounds for a positive conclusion on th e presence of subsidized imports with the 
description of the existence of subsidies and an indication of the calculated amount of the subsidy per unit (with the introductio n of provisional countervailing duty); 
5) the grounds for establishing the presence of mate rial injury, threat of  such injury or a 
significant delay in the creation of the industry of the Parties; 
6) the grounds for establishing a causal link between the dumped or subsidized imports 
and material injury, threat of such injury or a significant delay in the establishment of 
the industry of the States Parties. 
4. Notice on the results of safeguard investigati on shall contain the main conclusions, which are 
made by the investigating authority, based on an anal ysis of information available to it, and shall be 
published by the investigating authority within 3 wo rking days from the date of completion of the 
investigation, but not later than the date of publication of the decision of the Customs Union 
Commission on the imposition and application or review  of a safeguard measure, or the abolition of 
safeguard measure in accordance with the provi sions of article 40 of this Agreement. 
5. Notice of completion of the investigation as the result of which the investigating authority 
made a conclusion on the existence of ground for im position of antidumping or countervailing duty or 
on the expedience to approve relevant undertakings is published within 3 working days from the date 
of completion of the investigation, but no later th an the date of publication of the decision of the 
Customs Union Commission and should contain the following: 
1) an explanation of the final decision of the investigating authority concerning the 
results of the investigation; 
2) an indication on the facts upon which this decision was made; 
3) the information referred to in  paragraph 3 of this Article; 
4) an indication on the reasons for acceptance or rejection of arguments and 
requirements of exporters a nd importers of the product under investigation in the 
course of the investigation; 
5) an indication of the reasons for decision in accordance with paragraphs 7 - 11, Article 
10 of this Agreement. 
6. Notice of termination or suspension of inv estigation in connection with the approval of 
relevant undertakings should contain the non- confidential version of such undertakings.  G/ADP/N/1/RUS/1 
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  7. The provisions of this Article shall apply to the cases of notification of the initiation and the 
termination of a review mutatis mutandis ta king into account corresponding differences. 
Article 40 
Non-application of the safeguard, antidumping  
and countervailing measure 
1. The Customs Union Commission on the basis of the results of the investigation may decide 
not to apply a safeguard, antidumping or countervaili ng measure provided for in this Agreement, even 
if the application of this measure meets the criteria set forth in this Agreement. 
This decision may be taken if such measure could harm the interests of States Parties, and 
revised if the causes that led to its application have changed. 
2. The conclusion of the appropriateness of the application of safeguard, antidumping or 
countervailing measure shall be based on the collectiv e evaluation of the interests of the Parties' 
industry, consumers of the product under investigation, if they use such a product in the production 
process, and associations of such consumers in the States Parties, public associations of consumers if 
the product is consumed mostly by individuals, an d importers of this product.  Moreover, this 
conclusion can only be made after these parties had an opportunity to comment on the matter in 
accordance with the provisions of  paragraph 3 of this Article. 
When preparing such a conclusion a special importance should be given to the need of 
elimination of the distorting effects of increased, dum ped or subsidized imports in the ordinary course 
of trade and the state of competition in the relevant market of the Parties and the state of the industry 
of the States Parties.  The final decision of the Customs Union Commission, as provided for under paragraph 1 of this Article, shall be adopted based  on the conclusion prepared by the investigating 
authority according to the anal ysis of all information submitted by interested parties. 
3. For the purposes of application of the provisions  of paragraph 1 of this Article producers of 
the like or directly competitive product (in case of saf eguard investigation) or the like product (in case 
of antidumping or countervailing investigation) in  the Parties, their associations, importers and 
associations of importers of the product under investigation, consumers of the product under 
investigation, if they use such a product in the production process, and associations of consumers in 
the States Parties, public associations of consumer s if the product is consumed mostly by individuals 
have the right within the period specified in the notice published in accordance with the paragraph 2 
of Article 39 of this Agreement to submit comment s and information on the subject.  Such comments 
and information or its non-confidential version, as appropriate, shall be submitted to familiarize to 
other interested parties specified in this paragra ph, which shall be entitled to submit its comments in 
response. 
The information provided in accordance with the provisions of this paragraph shall be taken 
into account regardless of its source, if ther e is objective evidence supporting its reliability. 
If the Customs Union Commission took a decision under the provisions of paragraph 1 of this 
Article, the investigating authority publishes a not ice which shall contain an explanation for the 
adoption of the Customs Union Commission decisi on not to apply a safeguard, antidumping and 
countervailing measure, indicating the findings and conclusions on which this decision is based. G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  VI. FINAL PROVISIONS 
Article 41 
Disputes settlement 
Disputes between Parties related to the interpreta tion and application of the provisions of this 
Agreement primarily shall be se ttled through negotiations and consu ltations.  If the dispute is not 
settled by the Parties of the dis pute through negotiation a nd consultation within 60 calendar days from 
the date of formal written request for its conduct sen t by one of the Parties to the other party of the 
dispute, then unless there is no other agreement be tween the parties of the dispute concerning the 
method of its settlement, any party of the dispute has the right to appeal to the Court of the Eurasian 
Economic Community. 
Article 42 
Amendments 
By an agreement of the Parties this Agreemen t may be amended by particular protocols. 
Article 43 
Entry into force, accession, and withdrawal 
Entry into force, accession and withdrawal of th is Agreement is determined by the Protocol 
on the procedure of entry into force of internationa l treaties aimed at creating the legal framework of 
the Customs Union, its withdraw al and accession on 6 October 2007. 
Paragraph 16 of Article 30 of this Agreement shall apply from the date of transfer to the 
Customs Union Commission the power to monitor compliance with common rules of competition in 
accordance with the Agreement on common principles and rules of competition on 9 December 2010. 
 
Done in Moscow on 25 January 2008 in one original copy in Russian. The original copy of this Agreement is stored  in the Customs Union Commission, which, as the 
depositary of this Agreement, will se nd its certified copy to each Party. 
(The Agreement between the Government of the Ru ssian Federation, the Government of the Republic 
of Belarus and the Government of the Republic  of Kazakhstan of 25.01.2008 (as amended on 
18.10.2011) "On the application of safeguard, an tidumping and countervailing measures against third 
countries")  G/ADP/N/1/RUS/1 
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  AGREEMENT 
on the application of safeguard, antidumping and countervailing measures 
in transitional period 
(St. Petersburg, 19 November 2010) 
 
Governments of Member States of the Cust oms Union within the Eurasian Economic 
Community, hereinafter referred to as the Parties,  
Recognizing the need for the consistent application of safeguard, antidumping and 
countervailing measures in trade with the Third count ries and to determine the order of charge and 
allocation of safeguard, antidum ping and countervailing duties, 
Desiring to ensure the protection of national industry, creating conditions to facilitate the 
development of competition between domestic and foreign producers, as well as rise in the 
competitiveness of national industry;   
Guided by the provisions of the Agreement on application оf safeguard, antidumping and 
countervailing measures to the third countri es of 25 January 2008, the Agreement on the 
Establishment and application in the Customs Uni on of the order of enrollment and distribution of 
customs duties (other duties, taxes and charges having the equivalent effect) of 20 May 2010 and 
other documents which create the legal base of the Customs Union, as well as the universally 
recognized norms and principles of international law, 
Have agreed as follows:   
Article 1 
Safeguard, antidumping and countervailing me asures applied in accordance with the 
legislation of Member States of the Customs Union against import from Third countries into the 
territory of Member States of the Customs Union sha ll be reviewed in order to determine the share of 
production of domestic producers of the like prod uct (for purposes of antidumping and countervailing 
investigations) or like or directly competitive produc t (for purposes of safeguard  investigations), for 
which the injury or threat of injury was determin ed, the total production volume of Member States of 
the Customs Union.  
Production volumes of the like product (for the purposes of the antidumping and 
countervailing investigations) or the like or dir ectly competitive product (for purposes of safeguard 
investigations) are defined as the volume of products  produced in the 3 years preceding the date of 
signature of this Agreement. 
Such review is carried out by the Competent Authorities of Member States of the Customs 
Union, where the measure was introduced with si multaneous notification of all stakeholders.  
For the purposes of this Agreement, the Comp etent Authorities of Member States of the 
Customs Union are understands as the national auth orities responsible for conducting investigations 
prior to the application of the Safeguard, Anti dumping and Countervailing measures, in accordance 
with the legislation of the Customs Union's Member States.  G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  Article 2 
In the event where the results of the review  of the safeguard, antidumping or countervailing 
measures provided by Article 1 here of and applied against the imports  from Third countries into the 
territory of the Member States of the Customs Uni on, determined that the share of domestic producers 
of the like product (for purposes of antidumping a nd countervailing investigations) or the like or 
directly competitive products (for purposes of safeguard investigations) constitutes a major 
proportion, but not less than 25 per cent of the total industry of Member States of the Customs Union , the measure should apply to the import of products fr om third countries into a single customs territory 
of the Customs Union on the basis of relevant decisions of the Commission of the Customs Union 
before the expiration of the measures imposed by  the Party that has imposed such measure.  
From the date of entry into force the Decision of the Customs Union Commission on the 
application of safeguard, antidumping or counterva iling measures in the common customs territory of 
the Customs Union on the base of results of such review, the Competent Authority or an interested 
person may initiate the reinvestigation in accord ance with the Agreement of 25 January 2008.  
With regard to reinvestigations mentioned in the second paragraph of this Article the 
provisions of paragraph 4 of Article  17 and paragraph 4 of Article 27  of the Agreement of 25 January 
2008, setting a minimum time period after which ca n be re-launched anti dumping or countervailing 
investigation are not apply. 
Safeguard, antidumping or countervailing inves tigation versus the measures imposed on the 
common customs territory of the Customs Union fo r the outcome of the review, conducts by the 
authorized body of the Member States of the Cu stoms Union, which reviewed the relevant national 
measures.  
Article 3 
The Competent Authority of the Member States of the Customs Union, specified in Article 1 
hereof and conducting the review of safeguard, antidumping and c ountervailing measures applicable 
to imports from the third countries into the territo ry of this State shall submit to the Competent 
Authorities of the other Member States of the Cu stoms Union of the results of such review.  
The Competent Authority of the Member States of the Customs Union during a review of 
safeguard, antidumping and countervailing measures a pplicable to imports from third countries into 
the territory of that State, provides its publicity and transparency and provides an opportunity to 
interested parties to submit comments on the matt er in accordance with legislation of the Member 
State of the Customs Union, which Compet ent Authority conducts this review.  
Article 4 
From the date of entry into force the Decision of the Customs Union Commission on the 
imposition safeguard, antidumping a nd countervailing measures in the common customs territory of 
the Customs Union of the relevant na tional measure should be terminated.  
Article 5 
In case where the results of review of safeguard, anti-dumping or countervailing measures 
against import from third countries into the territo ry of the Member States of the Customs Union 
mentioned in the Article 1 hereof are provided estab lished that the share of domestic producers of like  G/ADP/N/1/RUS/1 
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  (for the purposes of the antidumping and countervaili ng duty investigation) or like or directly 
competitive products (for purposes of safeguard inves tigations) have less than 25 per cent of the total 
production Member States of the Customs Union , such  a measure would in effect until its expiration 
in accordance with the legislation of the releva nt Member State of the Customs Union without 
extension.  
Article 6 
Safeguard, antidumping and counter vailing measures applied as results of investigations that 
were completed prior to the date of signature of th is Agreement, had entered into force in accordance 
with the legislation of the Member States of th e Customs Union.  These measures are subject to 
review in accordance with the provisions of Ar ticles 1, 2, 3 and 5 of this Agreement.  
Investigations which were not completed by the Pa rties prior to the date of signature of this 
Agreement, should be completed by the Competen t Authorities of Member States of the Customs 
Union in accordance with the provisions of the Agreement on application оf safeguard, antidumping 
and countervailing measures to the third countries of 25 January 2008. 
The Competent Authorities of the Member St ates of the Customs Union, conducting the 
investigation, determines the share of the producers of the Member States of the Customs Union, like 
(for the purposes of the antidumping and countervaili ng duty investigation) or like or directly 
competitive products (for purposes of safeguard inves tigations), supporting the statement of the total 
output of the Member States of the Customs Union.  The investigation shall continue if the share of 
producers of the like (for the purposes of the antid umping and countervailing duty investigation) or 
like or directly competitive products (for purposes of  safeguard investigations) constitutes not less 
than 25 per cent of the total production volume of Member States of the Customs Union.  
Article 7 
In the course of the review in accordance with  the provisions of Articles 1, 2 and 3 of this 
Agreement and (or) after the imposition of safegua rd, antidumping and countervailing measures in the 
common customs territory of the Customs Union:   
The Parties shall consult with the national c onsumers and producers of like (for the purposes 
of the antidumping and countervailing duty investigati on) or like or directly competitive products (for 
purposes of safeguard investigations);   
The parties provided an opportunity for c onsultation between producers and consumers 
regarding the application of such measures on a si ngle customs territory of the Customs Union;   
Each Party shall provide to consumers of other Member States of the Customs Union non-
discriminatory conditions of access to the products produ ced in the territory of such Party in respect 
of which the Parties are introduced such measures in the common customs territory of the Customs 
Union.  
At the suggestion of the interested Party th e Customs Union Commission is considered the 
matters related to the application of this Article  and takes the necessary d ecisions in accordance with 
the rules and procedures of the Customs Union Commission.  G/ADP/N/1/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  Article 8 
During the review in accordance with the provisions  of Articles 1, 2 and 3 of this Agreement, 
the Commission of the Customs Union provides th e opportunity for consultations with foreign 
governments and exporters, whose interests are affected by the revision. 
Article 9 
Until the adoption of the appropriate Decision of the Customs Union Commission, the 
Competent Authorities of the Member States of the Customs Union conduct the investigations 
(including reinvestigations or initiated on th ese bodies own initiative) in accordance with the 
provisions of the Agreement on the applicatio n of safeguard, antidumping and countervailing 
measures to the third countries of 25 January 2008.  In  this case, the application of such investigations 
should be submitted to the Competent Authorities of  Member States of the Customs Union on behalf 
of the industry of the Member States of the Customs Union in accordance with the provisions 
specified in this Article of the Agreement. 
Statement on the application of safeguard, anti dumping or countervailing measures, as well as 
a statement of safeguard, antidumping or counterva iling duty reinvestigations  should be submitted to 
the Competent Authority of the Member State of th e Customs Union, on whose territory the producers 
of like or directly competitive products (for purpo ses of safeguard investigations) or like products (for 
purposes of antidumping and countervaili ng investigations) are registered.  
If the producers are registered in more than one  Member States of the Customs Union, such 
application shall be submitted to the Competent Aut hority of the Member State of the Customs Union, 
on whose territory the registered producers, which a ccount for most of total output, respectively, of 
similar or directly competitive products or similar products manufact urers, who submit or on whose 
behalf the application is submitted.  
Customs Union Commission approves the regulati on on the procedure of the investigations 
conducted by the Competent Authorities of Member  States of the Customs Union which precede the 
imposition of safeguard, antidumping and counterva iling measures, and the regulation for making 
suggestions to the Customs Union Commission based on the results of investigations. 
The procedure of the collecting of the informa tion used for purposes of investigation prior to 
the introduction of safeguard, an tidumping and countervailing measures against third countries is 
determined by the Parties separately.  
During the investigations and reviews of the safeguard, antidumping and countervailing 
measures imposed in the Common customs territo ry of the Customs Union, the Competent 
Authorities of Member States of the Customs Union in accordance with the Agreement on the 
application of safeguard, antidumping and counter vailing measures to the third countries from 25 
January 2008 should provide the publicity and transp arency of the procedures carried out, as well as 
give an opportunity to interested persons to provide  its comments to the Inv estigative Authorized of 
the Member States of the Customs Union.  
Article 10 
Government Authorities of the Member States of  the Customs Union empowered in the area 
of customs affairs, state statistics, taxation and re gistration of legal entities, other public authorities of 
the Member States of the Customs Union and the terr itorial (local) government bodies, have to assist  G/ADP/N/1/RUS/1 
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  in the investigations versus the products from third countries and should provide to Competent 
Authorities of Member States of the Customs Union the required data including confidential information. 
Information submitted to the Competent Author ities of Member States of the Customs Union 
can only be used for those purposes for wh ich such information was requested.  
Article 11 
Information, submitted by the interested parties to the Competent Authority of Member States 
of the Customs Union, is evaluated as confiden tial when this party provides evidence, including 
arguments improved that disclosure of such info rmation would provide a competitive advantage to 
third party or would enta il adverse consequences for the person s ubmitted such information, or to the 
party from whom such information were obtained.  
Confidential information could not be disclo sed without the permission of the person who 
submitted this data, except the cases stipul ated by legislation of each Party. 
Confidential information obtained during the inv estigation should be protected in accordance 
with national legislation of Member States of the Customs Union.  
Interested parties providing confidential in formation have to submit also non-confidential 
version of such information.  Non-confidential vers ion shall be in sufficiently detail to understand the 
substance of the information provided in confidence. 
In exceptional circumstances, interested par ties may submit a justification that such 
information couldn't be presented in a non-confid ential mode, and expound the reasons why the 
presentation of non-confidential version is impossible.  
If the Competent Authority of Member States of  the Customs Union finds that the arguments 
presented by the interested person does not allow to re late the information to the confidential, or the 
interested person has not submitted a non-confidentia l version of the confidential information and 
doesn't submit the justification for not providing of the confidential information in the non-
confidential form or presents information that is not justified the submission of confidential 
information in the non-confidential form, the Competent Authority of Member States of the Customs Union has the right to not take into account this information. 
Officers of the Competent Authority of the Member States of the Customs Union and other 
persons having access to confidential information sh all be liable for disclosure of confidential 
information according to the national legislation of the Member State. 
Article 12 
Before the introduction of the Customs Union Commission safeguard, antidumping and 
countervailing measures on imports from third countries into a single customs territory of the 
Customs Union.  If it is not stipulated in this Ag reement or in any decisions of the Customs Union 
Commission, Member States of the Customs Union apply safegua rd, antidumping and countervailing 
measures imposed earlier in accordance with the legisl ation of Member States of the Customs Union. G/ADP/N/1/RUS/1 
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  Article 13 
The payment of safeguard, antidumping and c ountervailing duties including provisional 
(temporal) duties established at a national level, is carried out according to the national legislation of 
the Member States of the Customs Union u nder which decision these duties are imposed. 
Article 14 
From the date of entry into force the Decision of the Customs Union Commission on the 
application of safeguard, antidumping or count ervailing measures, the amount of safeguard, 
antidumping and countervailing duties (except the preliminary duties) are subject to transfer and 
distribution in the order established by the Custom s Code of the Customs Union and the Agreement 
on the Establishment and application in the Customs Union of the order of enrollment and distribution 
of customs duties (other duties, taxes and charg es having the equivalent value) of 20 May 2010 and 
provided for the import customs duties. 
Safeguard, antidumping and countervailing duties cannot be reckoned on account of payment 
of other charges. 
On account of payment safeguard, antidumping and countervailing duties could be reckoned 
duties and fees, and also other payments (except the import customs duties), received on the single 
account of the State Body which is carrying out cash service of execution of the budget of the Member States of the Customs Union.  
Payment of the preliminary safeguard, antidum ping and countervailing duties is carried out 
according to the national legislation of the Member States of the Customs Union. 
From the date of entry into force the Decision of the Customs Union Commission on the 
application of safeguard, antidumping or countervaili ng measures by results of related investigation, 
the amount of the preliminary duties (fully or pa rtly in the cases established by the Agreement on 
application safeguard, anti-dumping or countervailing measures to the third countries of 25 January 
2008) are subject to transfer and distribution in the order established by the Customs code of the Customs Union and the Agreement on the Establishmen t and application in the Customs Union of the 
order of enrollment and distribution of customs du ties (other duties, taxes and charges having the 
equivalent value) of 20 May 2010 and provided for the import customs duties. 
In the event that an investig ation found that there are no ev idences for introducing safeguard, 
antidumping or countervailing measures, the amount paid by the provisional safeguard, anti-dumping 
or countervailing duty shall be refunded to the payer.  
Refund (fully or partially in the cases established by the Agreement on the application of 
safeguard, antidumping and countervailing measures against third countries of 25 January 2008) of 
the money which were paid as a provisional safeg uard, antidumping and countervailing duties in 
accordance with the results of the preliminary inv estigation is carried out in accordance with the 
legislation of the Member States of the Customs Union, which Customs Authorities levied a 
provisional safeguard antidumping or countervailing duties.  
If in the framework of the reinvestigation in connection with the expiration of the 
antidumping or countervailing measure, the applica tion of appropriate measures is temporarily 
extending, antidumping and countervailing duties applicab le to the end of the reinvestigation shall be 
paid in the manner prescribed by this Agreem ent for the payment of provisional antidumping and 
countervailing duties.  G/ADP/N/1/RUS/1 
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  If the results of reinvestigation (at the time of which antidumping or countervailing measures 
have been extended) found that there are no evidences to extend the measure, the amount of 
antidumping or countervailing duties levied during the period of extension of the relevant measures to 
be refunded to the payer in the manner prescribed  for the return of preliminary antidumping and 
countervailing duties. 
Return to the payer overpayments (overcha rged) safeguard, antidum ping and countervailing 
duties is carried out from the single account of th e State Body which is carrying out cash service of 
the state budget - a Member State of the Customs Un ion, in the manner prescribed for a refund of 
overpaid customs legislation of the Member States  of the Customs Union, customs authorities which 
are levied a safeguard, antidumping and countervaili ng duties, taking into account the specifications 
prescribed Agreement on the Establishment and app lication in the Customs Union of the order of 
enrollment and distribution of customs duties (other  duties, taxes and charges having the equivalent 
value) of 20 May 2010 and provided for the return of the import customs duties. 
Article 15 
The Parties determine the procedure of th e investigation made by Customs Union 
Commission, including through the establishment a nd (or) definition the appropriate body of the 
Commission of the Customs Union and the regulation on handling of confidential information.  
Article 16 
The Court empowered to entertain claims of  competent authorities and business entities from 
the Third countries, as well as economic entities of the Member States of the Customs Union, is 
described by a separate international treaty.  
Disputes and disagreements between the Parti es concerning the interpretation and (or) the 
application of this Agreement shall be settled th rough consultations or negot iations of the Parties 
concerned.  Failing agreement, the dispute is transm itted by any of the concerned Parties to the Court 
of the Eurasian Economic Community.  
Article 17 
As agreed by the Parties, amendments and add itions may be made to this Agreement in the 
form of separate protocols. 
Article 18 
This Agreement is temporarily applied from the da te of signature, is subject to ratification and 
inures from the date of reception by the depositary the last ratification letter. 
 
Done at St. Petersburg on 19 November 201 0 in one original copy in Russian. 
The original text of the Agreement shall be reta ined by the Customs Union Commission, which, being 
the depositary of this Agreement, shall send to each Party an authenticated copy. 
For the Government of the Republic of Belarus  
For the Government of the Republic of Kazakhstan  For the Government of the Russian Federation G/ADP/N/1/RUS/1 
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  Decision 17 August 2010 No. 339 
Moscow 
 
On the application of safeguard, antidumping and countervailing measures 
the common customs territory of the Customs Union within EurAsEC 
 
Customs Union Comm ission decided: 
1. Take into account the information provide d by Head of the expert group "safeguard, 
antidumping and countervailing measures," AI Dyachenko on the application of safeguard, 
antidumping and countervailing measures in the comm on customs territory of the Customs Union. 
2. Pursuant to the decisions of the EurAsE C Interstate Council (the  supreme body of the 
Customs Union) at the level of heads of govern ment from 21 May 2010 No. 37 during transitional 
period authorize competent authorities of the Parties conducting of investigations in the sphere of the 
procedural actions concerning examination of app lications, initiation, conduc ting and termination of 
investigations in accordance with the provisions of Agreement on the appl ication of safeguard, 
antidumping and countervailing measures agains t third countries from 25 January 2008. 
3. Determine the Ministry of Foreign Affairs of Belarus, Ministry of Economic Development 
and Trade of the Republic of Kazakhstan and the Ministry of Industry and Trade of the Russian 
Federation as the competent authorities of Member States of the Customs Union in the sphere of 
carrying out procedural actions specified in paragraph 2 of this Decision 
4. Committee on Regulation of Foreign Trade (her einafter - Committee), together with a single 
negotiating delegation of the Republic of Belaru s, Kazakhstan and the Russian Federation on 
accession to the WTO (hereinafter - the single nego tiating delegation) to organize the transition to 
safeguard, antidumping and countervailing measures on a single customs territory of the Customs 
Union and to ensure consideration of the draft docum ents prepared by the expert group referred to in 
paragraph 1 of this Decision, at a special meeting of the Committee. 
5. Single negotiating delegation to hold consultations with third c ountries on issues of transition 
to a safeguard, antidumping and countervailing measu res in the common customs territory of the 
Customs Union. 
6. Committee to finalize the draft documents to ensure transition to safeguard, antidumping and 
countervailing measures applied in the common custom s territory of the Customs Union in the period 
up to 1 October 2010. 
7. Committee to report at the meeting of th e Customs Union Commission on the outcome. 
 The Commissioners of Customs Union: 
From the Republic of Belarus 
From the Republic of Kazakhstan From the Russian Federation  G/ADP/N/1/RUS/1 
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  Decision 
7 March 2012 
No. 1  
 
On some issues of safeguard, antidumping and countervailing measures  
in the common customs terri tory of the Customs Union 
 
Board of Eurasian Economic Commission decided: 
1. Authorize as the body responsible for the inv estigation prior to the introduction of safeguard, 
antidumping and countervailing measures in the common customs territory of the Customs Union (hereinafter - the investigation), assigned to the De partment 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 Inte rnal Market Defense of the Eurasian Economic 
Commission, and entrust it upon the date of entry in to 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 measures 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 confiden tial information 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/RUS/1 
G/SCM/N/1/RUS/1 G/SG/N/1/RUS/1 
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  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 limited 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, regul ates the relations connected with the protection of 
the information received and used by the body res ponsible for investigations (hereinafter - the 
authority conducting the investigations) for the pur pose of processing applications for safeguard, anti-
dumping or countervailing measures, investigati ons, 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 Regul ation, the following definitions: 
- Confidential 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 information 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 investig ations, the information contained, including 
confidential information, for the purposes of investigation, prior to the introduction of 
safeguard, antidumping and countervailing meas ures, 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 othe r legally protected information (secret); 
- Proprietary information 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 the 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 t echnical measures aimed at eliminating improper 
disclosure, access, destruction, modification, copy ing, 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  G/ADP/N/1/RUS/1 
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  investigations, as a result of which the informa tion 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 info rmation of limited distribution can be used only 
for the purposes for which such information wa s requested by the authority conducting the 
investigations or for which it was provided to this authority by the parties on a voluntary basis. 
1.4. Authority conducting the investigations sha ll not disclose confidential information without 
the written consent of the person or body provided it. 
1.5. This provision shall not preclude the disclos ure by the authority conducting investigations the 
reasons underlying the decision of the Eurasian Economic Commission (hereinafter - EEC), or 
evidence relied upon EEC, to the extent that is necess ary to explain those reasons or evidence in court 
authorized to review claims in the framework of the Agreement on the application of safeguard, 
antidumping and countervailing measures agains t third countries from 25 January 2008. 
1.6 The procedure for documents that contain confidential information,  and (or) proprietary 
information of limited distribution that protects su ch information, set the documents the authority 
conducting the investigations, in acco rdance with the provisions of it. 
1.7. Responsibility for the organization of work fo r the protection of confidential information and 
proprietary information of limited distribution in accordance with the regulatio ns 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. Procedure of access to confidential inform ation, 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 provision and ot her documents of the authority conducting the 
investigations, on the protection of confiden tial and proprietary information of limited 
distribution; 
sign an individual written undertaking not to di sclose confidential information in compliance 
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 co nducting the investigati ons are not allowed to 
work with confidential information to meet the re quirements 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 proprie tary information of limited distribution; 
comply with the treatment of documents that  contain confidential information, and (or) 
proprietary information of limited distri bution, installed in a body conducting an 
investigation; G/ADP/N/1/RUS/1 
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  comply with the rules for dealing with the pr otection of information and access to documents 
in electronic form, contains confidential in formation and (or) proprietary information of 
limited distribution, in its treatment; 
take measures to protect confidential informa tion and proprietary information of limited 
distribution, hindering its unauthorized disclosure. 
3. Access to confidential information and pr oprietary information of limited distribution 
3.1. The head of the authorit y conducting the investigations, and his deputies have access to 
confidential information and proprietary information of limited distribution in full. 
3.2. Access level of employees of the author ity conducting the investigations, confidential 
information and proprietary information of limited di stribution is limited to the extent necessary for 
the performance of their duties. 
3.3. List of officials of the authority conducti ng the investigations, with access to confidential 
information and (or) the overhead of limited distribu tion 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 meas ures, 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 conf idential information and (or) the overhead of limited 
distribution, as well as a violation of procedures fo r handling documents that contain such information 
the head and employees of the authority conducting th e 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 official investigati on 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 wh ich 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 sha ll be deprived of the immunity provided by the 
Convention on the Privileges and Immunities of the Eurasian Economic Community, on 31 May 
2001, and for the disclosure of confidential informati on in the sphere which is a secret protected by 
the law of the member-state of the Customs Union, s ubject to administrative, civil or criminal liability 
under the law of a Member State of the Customs Union, in which the body conducting the investigation. 
5. Requirements for the treatment of document s that contain confidential information and 
proprietary information of limited distribution 
5.1. Documents containing confidential informati on should be reported to investigators should be 
marked "Confidential," which appears in the upper right corner of each page.  G/ADP/N/1/RUS/1 
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  Documents containing proprietary information of limited distribution should be reported to 
the authority conducting investigation processed in ac cordance with the laws of the member-state of 
the Customs Union. 
The sender shall specify the name of the au thority conducting the investigations on mailing 
envelopes containing confidential information or proprietary information of limited distribution. 
5.2. Correspondence addressed to the authority co nducting the investigations, the service received 
by the office of EEC, the day of its receipt is tran sferred to the recipient without opening envelopes. 
In the case of postal delivery courier officer re sponsible 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 investigations, confidential information of 
interested parties should be marked "Confidential," which appears in the upper right corner of each 
page. 
The above documents deposited authority conduc ting the investigation, with the ECE office 
in sealed envelopes, decorated in the manner prescrib ed in the state - the customs union, in which the 
body conducting an investigation, to send by register ed mail with return receipt to the recipient. 
Notification of delivery to the addressee letter received by the service office of ECE, the day 
of its receipt is transmitted to the body conducting the investigation. 
5.4. Registration and recording of documents c ontaining confidential information, and incoming 
documents that contain proprietary  information of limited distribution, is in a body conducting an 
investigation, separate from other documents. 
5.5. Outgoing documents of the authority conduc ting the investigations, containing confidential 
information and (or) proprietary information of lim ited distribution, sent to the government 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 dist ribution, 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 informa tion of limited distribution. 
5.6. The treatment of documents containing confidential information and (or) proprietary 
information of limited distribution in the authority conducting the investigations, provides: 
implementation of registration and recordi ng of documents containing confidential 
information, and (or) proprietary information of limited distribution, including copies thereof; 
restriction on reproduction (repli cation) of documents containi ng confidential information and 
proprietary information of limited distribution; 
transfer under a list of documents containing c onfidential information, and (or) proprietary 
information of limited distribution, and copies thereof; G/ADP/N/1/RUS/1 
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  ensuring proper storage of documents contai ning confidential information and (or) the 
proprietary information of limited distribution, and 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 propr ietary 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 confidential information and (or) the proprietary 
information of limited distribution, in the Intern et and the local network of EEC, as well as access to 
the network of the authority conducting the investig ations, 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 di stribution, to the extent necessary to ensure 
functioning the hardware  and software products. 
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 o fficial duties I will be given access to confidential 
information. 
I hereby voluntarily assume the following responsibilities:   Not disclose to third parties confidential inform ation 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 attempts 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 information not to disclose or 
transfer to third parties.  G/ADP/N/1/RUS/1 
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  5. Upon termination or termina tion 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 immun ity established by the Convention on the Privileges 
and Immunities of the Eurasian Economic Co mmunity, on May 31, 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 
_________________________ 
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  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 measures 
 
This Regulation is aimed at implementing the provisions of the Agreement on the application 
of safeguard, antidumping and countervailing meas ures against third countries from 25 January 2008 
(hereinafter - Agreement) and othe r 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 conduc tion of investigations 
prior to the imposition of safeguard, antidumping and countervailing measures on the single customs 
territory of the Customs Union (hereinafter - the in vestigations), as well as the preparation of the draft 
decisions of the Eurasian Economic Commission (her einafter - EEC) taken 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. Decision-making related to initiation and conduction of investigations 
1.1. Decisions to initiate an investigation, incl uding review, the refusal to conduct it, the extension 
of the investigation and its termination in th e absence of grounds for application, review or 
cancellation of a safeguard, antidumping or counterva iling measure shall be taken by order of the 
Director of the Department for Internal Market Defe nse of the EEC (hereinafter - the Director of the 
Department) in coordination with the Bo ard 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 decisi on to refuse to conduct 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 decisi ons within the terms provided by the Agreement. 
1.4. The results of investigations, including provisi onal, 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 corres pondence 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 th e Customs Union, are signed by the Director of 
the Department or the Board Member (Minister) of the Trade (if necessary).  G/ADP/N/1/RUS/1 
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  2. Carrying out certain procedural actions prior to the imposition of safeguard, 
antidumping and countervailing measures agains t products originating from foreign 
countries and destined for the single cu stoms 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 competen t authorities of the member-states of the Customs 
Union within five working days from the date of registration of the submis sion 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). 
2.2 Notice of initiation of an investigation, incl uding a review, and non-confidential version of 
the submission are sent within 5 working days from th e date of initiation of an investigation by the 
competent authorities of the member - states of th e Customs Union for the purpose of transferring 
them to interested parties - participants of the i nvestigation of member - states of the Customs 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 hearings. 
2.4. Draft decisions of the EEC on safeguard, antidumping and countervailing measures shall be 
sent to the authorized bodies of member - stat es 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 the investigation; 
on the imposition and application of provisional antidumping or countervailing duties - not 
later than 150 calendar days from the da te of initiation of the investigation; 
on the imposition and application of antidumping or countervailing measures - not later than 
270 calendar days from the date of comme ncement of the investigation;   
on the extension of the application of antidum ping or countervailing measure for the period of 
a review - not later than 90 calendar days prior to the expiry of the antidumping or countervailing measure; 
on non-application of a safeguard, antidumpi ng or countervailing measures in accordance 
with the provisions of Article 40 of the Agreem ent - not later than 60 calendar days prior to 
the expiry of the investigati on 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 the 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.  G/ADP/N/1/RUS/1 
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  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 draf t decisions' dispatch to the authorized bodies of 
the member - states of the Customs Union. 
2.8. Confidential version of the report of the inv estigating authority, prepared according to the 
results of the investigation, including those cont aining 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 inv estigating authority, accordin g to the results of the 
investigation, including those containing preliminary findings. 
The Board Members and their representatives shall use relevant information in the specified 
manner and shall be responsible for the disclosure an d use for purposes not related to official of such 
information in accordance with Article 16 of th e Treaty on the Eurasian Economic Commission.  G/ADP/N/1/RUS/1 
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  Decision 
16 May 2012 No. 44, Moscow On some issues of protection of the domestic market 
Board of Eurasian Economic Commission decided: 
1. Instructed the Department  for Internal Market Defen se of the Eurasian Economic 
Commission to complete in the prescribed manner th e investigations carried out by the authorized 
bodies of the Customs Union members-states, refe rred 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 transfer 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 author ized 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 th e authorized bodies of the Customs 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, antidum ping 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/RUS/1 
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  PROTOCOL 
 
on granting authority conducting the investigation, the data containing  
including confidential information for the purpose of investigation,  
prior to the introduction of safeguard, antidumping and  
countervailing measures in relation to third countries 
(St. Petersburg, 19 November 2010) 
 
Government of the member-states of the Cu stoms Union within the Eurasian Economic 
Community, hereinafter referred to as the Parties, 
basis of the Treaty on the Customs Code of the Customs Union on 27 November 2009 and its 
Protocol of 16 April 2010, the Agreement on the application of safeguard, antidumping and 
countervailing measures against third countries from 25 January 2008, and other treaties and 
instruments that make up the legal basis of the Cu stoms Union in the field of regulation of foreign 
trade, 
to ensure that the authority conducting the investigation, prior to the introduction of 
safeguard, antidumping and countervailing measures in  relation to third countries, the information 
contained including confidential information from the relevant public authorities (government), 
regional (local) public authorities (management ) a nd other agencies of the - of the Customs Union 
agreed as follows: 
Article 1 
Authority conducting the investigations prior to the introduction of safeguard, anti-dumping 
or countervailing measures in relation to third co untries (hereinafter - the authority conducting the 
investigations), for the purpose of initiating and co nducting investigations, objective analysis of the 
effects of increased, dumped, subsidized imports on the sector of the economy of the member-states 
of the Customs Union and the situation on the mark et of the product of the member-states of the 
Customs Union, and the preparation of proposals fo r the results of the investigations, sends these 
requests to public authorities (government) and te rritorial (local) public authorities (government) 
member-states of the Customs Union, authorized in the area of customs, statistics, taxation, 
registration of legal persons and other areas, as well as diplomatic and trade missions of the member-
states of the Customs Union in third countries (herei nafter - the competent authorities of the member-
states of the Customs Union) or to the competen t authorities of the member-states of the Customs 
Union determined by a decision of the Commission of the Customs Union. 
Article 2 
Requests to the competent authorities and compet ent authorities of the member-states of the 
Customs Union for information shall be in writing on the printed form of the authority conducting the 
investigations, and signed by the head (or his de puty), the authority conducting the investigation, 
stating the purpose, legal basis and the deadline for submission of information. 
Request to the competent authorities and compet ent authorities of the member-states of the 
Customs Union are sent by post, and if necessary the service duplicated by e-mail, log-on to servers of  G/ADP/N/1/RUS/1 
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  the authority conducting the investigations.  In case of transfer requests by faxing an original 
document must also be sent by post. 
Information at the request of the authority conducting the investigation by the competent 
authorities and the competent authorities of member -states of the Customs Union free of charge. 
Article 3 
The competent authorities and the competent aut horities of the member-states of the Customs 
Union within its competence, provide to the reque sting authority conducting the investigation, the 
necessary information for the investigation by the requested time period, including: 
statistics on foreign trade; 
customs data on foreign trade for the previous  period required for the investigation.  If 
necessary, the customs data on foreign trade should be granted by the customs declaration 
(hereinafter - CD), indicating the kind and value indices of exports / imports of goods, trade name product from CD, delivery, country of origin  (country of origin, country of destination) 
name and other account details of the sender and the recipient; 
information on domestic goods that are the object of inquiry, and the economics of the 
industry - the Customs Union, including the data on the volume of production of goods, 
capacity utilization, sales of goods, cost of goods, the profits and losses of the national 
enterprises - members of the Customs Union pri ces of goods in the domestic market of the - 
of the Customs Union, profitability, staffing, investments; 
information on the assessment of the possible introduction or not introduction safeguard, 
antidumping or countervailing measures on the resu lts of the investigation on the relevant 
product market, which is the subject to inves tigation, the member-states of the Customs 
Union, and forecast production activities of domestic enterprises of the member-states of the Customs Union. 
Presented in this paper a list of information is  not exhaustive.  Based on the objectives of the 
investigation and the preparation of proposals for its  results authority conducting the investigations, if 
necessary, has the right to request informati on that is not mentioned in this article. 
Reporting should be on electronic media.  The format specified in the request body 
conducting the investigation shall be used while transmissions of information that can be presented in 
tabular form (statistics and customs data).  The conf iguration of the table is determined by agreement 
exchanging bodies.  In the absence of the provision of information in electronic format the 
information is transmitted on paper. 
The transmission of information is carried  out across exchanging agencies using means 
available at the time of the transfer and pr ovide safety and protection of information from 
unauthorized access.  In case of sending information by fax original document shall also be sent by 
mail. 
Correspondence on issues concerning the implemen tation of this Protocol and to provide 
responses to requests authority conducting the inv estigation, conducted in  Russian language.  For 
individual requisites (indicators) containing foreig n names may be providing information, using the 
Latin alphabet. G/ADP/N/1/RUS/1 
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  Article 4 
Information classified by state law of the member-states of the Customs Union as restricted 
information (confidential information), except for th e information constituting state secrets (the state 
secrets), is provided to the authority conducting the investigations, with due requirements established 
by the law of the member-states of the Customs Union for its protection. 
Authority conducting the investigations, shall not disclose to third parties confidential 
information referred to in the first part of this  article without the express written consent of the 
competent authority of the member-states of the Customs Union, which provided the information. 
Internal order of the use of confidential inform ation and the storage of documents containing 
confidential information is determined by the internal document the authority conducting the 
investigations. 
Before the end of the transitional period in accordance with the Decision of the Interstate 
Council of the Eurasian Economic Community (Supreme Body of the Customs Union) on 
21 May 2010 No. 37 the treatment of confidential in formation and the rules for storage of documents 
containing confidential information, as well as th e responsibilities of the authority conducting the 
investigations, for disclosure of confidential informat ion is provided by the law of the member-states 
of the Customs Union. 
After a transition period, the treatment of confid ential information and the rules for storage of 
documents containing confidential information,  as well as the responsibilities of the authority 
conducting the investigation, the disclosure of confid ential information shall be determined specially. 
Article 5 
The competent authorities of the membe r-states of the Customs Union shall: 
within 30 calendar days of receiving the request  the authority conducting the investigation, 
provide the means at their disposal information or to warn of failure to provide information 
indicating the reasons for the refusal.  Reas oned request of the authority conducting the 
investigation, the information requested  must be provided in a shorter time; 
ensure the completeness and accuracy of the data  and, if necessary to promptly additions and 
changes. 
Article 6 
Disputes between the Parties concerning the in terpretation and (or) the application of the 
provisions of this Protocol shall be resolved in the first instance through consultation and negotiation. 
If the dispute can not be settled by the Parti es through consultations a nd negotiations, either 
party may refer the dispute to the Court of the Eurasian Economic Community. 
Article 7 
By agreement of the Parties to this Protoc ol may be amended by separate protocols.  G/ADP/N/1/RUS/1 
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  Article 8 
This Protocol shall be applied provisionally from the date of its signature, subject to 
ratification and shall enter into force from the date  of receipt by the Depositary of the last written 
notification through diplomatic channels certifying th at the member-states of the Customs Union have 
completed their respective internal procedures requi red for entry into force of this Protocol.  
 Done at the city of St. Petersburg 19 November 2010 in one original copy in Russian. The original of this Protocol is stored in the Customs Union Commission, which, as the depositary of 
this Protocol, will send a certified copy to each Party. 
 
For the Government 
Republic of Belarus 
 
For the Government 
Republic of Kazakhstan 
 For the Government 
Russian Federation 
 
 
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