G/ADP/Q1/KGZ/6  
G/SCM/Q1/KGZ/6  
G/SG/Q1/KGZ/2  
 
11 May 2016  
(16-2594)  Page: 1/2  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Committee on Safeguards
 Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
REPLIES TO QUESTIONS1 POSED BY THE UNITED STATES  
REGARDING THE NOTIFICATION OF KYRGYZ REPUBLIC2 
KYRGYZ REPUBLIC  
The following communication, dated 10 May 2016, is  being circulated at the request of the 
Delegation of the Kyrgyz Republic. 
 
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The Kyrgyz Republic thanks the United States fo r the questions it raised in connection with the 
Notification of Laws and Regulations that the Ky rgyz Republic submitted under Articles 18.5, 12.6 
and 32.6 of the Agreements and is pleased to take this opportunity to clarify certain issues 
pertaining to the trade defense system as a cons equence of the accession of Kyrgyz Republic to 
the Eurasian Economic Union. 
 
Question 1  
 
Section 1 of the notification states that as a result of its accession to the EAEU, 
antidumping, countervailing duty, and safeguar d proceedings in the Kyrgyz Republic are 
now governed by the "Treaty on the Eurasian Economic Union" dated 29 May 2014. The notification further states that the relevant provisions of the Treaty are currently being 
translated into English and will be notified to the WTO once the translation is complete. 
When does the Kyrgyz Republic expect the tr anslation to be complete and the Treaty to 
be notified to the applicable WTO committees? 
 
Reply: 
 
Such translation has been finalized and the relevant notification will be notified to the relevant WTO committees as soon as possible.  
 
Question 2  
Section 2 of the notification states that as a consequence of the accession of the Kyrgyz 
Republic to the EAEU, all antidumping measures  in force in the EAEU on the date of the 
accession will be extended to the territory of  the Kyrgyz Republic. Given that the Kyrgyz 
Republic was not part of the EAEU during the investigations that led to the imposition of 
these measures, please explain: 
 
a. What steps the EAEU is taking to ensure that the injury findings for each 
antidumping duty measure extended to th e Kyrgyz Republic reflects the market 
conditions of the domestic industry in the Kyrgyz Republic; and  
                                               
1 G/ADP/Q1/KGZ/5 - G/SCM/Q1/KGZ/5 - G/SG/Q1/KGZ/1. 
2 G/ADP/N/1/KGZ/2, G/SCM/N/1/KGZ/2, G/SG/N/1/KGZ/2 (dated 27 January 2016). G/ADP/Q1/KGZ/6 • G/SCM/Q1/KGZ/6 • G/SG/Q1/KGZ/2 
 
- 2 - 
 
  b. Whether the Treaty provides for the conducting of a repeat investigation to 
examine the impact of the extension of antidumping measures to newly 
acceded members and, if so, how the EAEU will determine whether there is sufficient evidence to warrant a repeat  investigation with regard to the 
extension of antidumping measures to the Kyrgyz Republic? 
Reply: 
 
According to the Treaty on the Accession of the Kyrgyz Republic to the Eurasian Economic Union 
safeguard and anti-dumping measures in force in the Eurasian Economic  Union (hereinafter referred to 
as "EAEU") have been automatica lly extended to the territory of the Kyrgyz Republic upon 
accession to the EAEU. 
 
Given the relatively small share of the Kyrgyz Repu blic (about 1.5%) in trade turnover in the EAEU 
and the fact that the production volumes of the products concerned in the Kyrgyz Republic are 
either insignificant or non-existent, the results of the analysis of the indicators for material or 
serious injury taking into account data pertaining to the Kyrgyz Republic would not differ from the 
original determination. Therefore, accession of the Kyrgyz Republic to the EAEU does not itself trigger to do a re-assessment of material or serious injury. 
 
However, the Eurasian Economic Commission is committed to initiate review of the extended measures upon request of an interested party. Section VI to Annex No. 1 to the "Protocol on 
Conditions and Transitional Clauses Pertaining to Application by the Kyrgyz Republic of the Treaty 
on the Eurasian Economic Union of 29 May 2014, Certain International Treaties Forming Part of the Law of the Eurasian Economic Union and Legal Acts of the Bodies of the Eurasian Economic Union Following the Accession of the Kyrgyz Republic to the Treaty on the Eurasian Economic Union of 29 
May 2014" (hereinafter referred to as "Protocol") specifies conditions for initiation of such a 
review. Paragraph 49 of the Protocol stipulates as follows:  
A decision to launch such a review may be taken only in case when there is sufficient 
evidence that taking into account of the data  on the market of the Kyrgyz Republic for 
the purposes of an investigation, which resulted in a decision to apply safeguard, anti-
dumping, or countervailing measure, would result in a significant change in the 
grounds for imposition of the respective measure. 
Thus, according to the Protocol a review of the extended measures may be initiated should any 
interested party lodge such request and submit suff icient evidence that the grounds for imposition 
of an original measure would have been significantl y affected by the data of the Kyrgyz Republic.  
 The reviews shall be conducted in accordance with paragraphs 33 and 110 of Annex 8 to the 
Treaty on the Eurasian Economic Union of 29 May 2014 and shall be exempt from the provisions of 
minimum period after which an application can be launched. Such commitment is set forth in the Protocol. 
 
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