G/ADP/Q1/UKR/12  
G/SCM/Q1/UKR/12  
G/SG/Q1/UKR/12  
 
8 July 2013  
(13-3558)  Page: 1/3  
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 QUESTIONS POSED BY AUSTRALIA1 
REGARDING THE NOTIFICATION OF UKRAINE2 
The following communication, dated 1 July 2013, is being circulated at the request of the 
Delegation of Ukraine.  
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Question 1  
Australia notes that Article 275 of the Customs Code of the Ukraine refers to the various 
trade remedies imposed as a result of "ser ious injury" for the purposes of imposing 
safeguard measures and "injury" for the purposes of imposing anti-dumping and 
countervailing duties. Article 1(8) of Chapte r I of the 1998 Law "on Protection of the 
National Producer against Dumped Imports" refers to "damage" which is stipulated under Article 10. Could Ukraine please ex plain the relationship between these two 
pieces of legislation and what standard of injury is used. 
 
Reply 
 
The relationship between the Customs Code of Uk raine and the Law of Ukraine "On Protection of 
domestic producers from dumped imports" can be considered as general and special laws, respectively. However, it should be noted, that the definition of "injury" used in special law "On 
protection of National Producer against Dumped Imports" has the advantage before the definition 
of general law. Therefore, at the investigation will be taken into account the concept of "injury" as defined in paragraph 8 of Article 10 of the Law of Ukraine "On Protection of domestic producers from dumped imports." 
 
The terms "injury" and "damage" are similar in laws of Ukraine.   
Question 2 
 Article 2 of the 1998 Law "on Protection of  the National Producer against Dumped 
Imports" states that this Law is applied to imports subject to dumping but does not 
include the application of special rules in th e field of agriculture.  Could Ukraine please 
explain which laws and regulations apply to agricultural products.  
Reply 
 
There are no laws or any regulations in Ukrainian legislation, which provide special rules in the 
field of agriculture, as defined in Article 2 of the Law. 
 
                                               
1 G/ADP/Q1/UKR/10 – G/SCM/Q1/UKR/10 – G/SG/Q1/UKR/10. 
2 G/ADP/N/1/UKR/1/Suppl.1-G/SCM/N/1/UKR/1/Suppl.1-G/SG/N/1/UKR/1/Suppl.1 (dated 
26 February 2013). G/ADP/Q1/UKR/12 • G/SCM/Q1/UKR/12 • G/SG/Q1/UKR/12 
 
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  Question 3 
 Paragraph 3 of Article 9 of Chapter II provides  that an interested party "which demands 
an adjustment, should prove that this dema nd is substantiated". Could Ukraine clarify 
whether the investigating authority respon sible for making adjustments which they 
consider affect the comparability based on ev idence collected during the investigation, 
even where no claims are made by an interested party? 
 
Reply 
 The Ministry of Economic Development and Trade of Ukraine makes normal and export price 
adjustment in order to improve comparability of prices if no claims were made by an interested 
party.  
Question 4 
 Paragraph 4 of Article 9 lists factors that may affect the comparability of export price 
and normal value. Are the factors listed in this paragraph exhaustive, that is, is it 
possible for the investigating authority to  make adjustments because of any other 
factors that may not be listed that affect  comparability of export price and normal 
value? For example, the level of trade or similar factors? 
 
Reply 
 
In the Article 9 of the Law there is a fixed list of factors, which are usually considered by the 
Ministry of Economic Development and Trade of Ukra ine for defining of the normal cost of export 
prices. However, the pursuant to paragraph 2.3 of Article 2 of the Law, the Ministry may also 
consider other factors (any other differences which are also demonstrated to affect price 
comparability) as provided in paragraph 2.4 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994.   
Question 5  
 Paragraph 7 of Article 12 of Chapter III on  initiation of anti-dumping procedures 
provides that the Commission notify "the  corresponding competent bodies of the 
interested exporting country of the initiation  of an anti-dumping procedure" (emphasis 
added). Could Ukraine please clarify whethe r this reflects the requirement under the 
WTO Anti-Dumping Agreement (ADA) to notify  the government of the export Member 
concerned "after receipt of a properly docume nted application and before proceeding to 
initiate an investigat ion" (emphasis added). 
 
Reply 
 
Paragraph 7 of Article 12 of the Law correspon ds to Article 5.5 of the WTO Anti-Dumping 
Agreement (ADA).  
 Question 6 
 
Paragraph 10 of Article 12 provides that an anti-dumping procedure is terminated 
"except for cases when termination of the an ti-dumping procedure contradicts national 
interests". Could Ukraine please clarify how these national interests are defined. Is 
Article 36 relating to a public or national in terest test the relevant provision? Is the 
initiation of an anti-dumping procedure in these instances consider to be in special 
circumstances? How does this relate to Article 16 on the procedure for terminating an 
anti-dumping procedure? 
 Reply 
 Article 36 of the Law states the factors which are considered in order to find whether the termination of the anti-dumping procedure contradicts national interests.  G/ADP/Q1/UKR/12 • G/SCM/Q1/UKR/12 • G/SG/Q1/UKR/12 
 
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  Paragraph 10 of Article 12 of the Law states that is  case of applicant's recalling of the application 
before the initiation of an anti-dumping investigation, the anti-dumping procedure shall be terminated, whereas the application is deemed to have not been submitted, except for cases when 
termination of the anti-dumping procedure contradicts nation interests (as considered according to 
the Article 36 of the Law) independently of Article 16 of the Law.        
 Question 7 
 
Article 36 provides for a national or public in terest test on whethe r to impose an anti-
dumping measure. Paragraph 2 of Article 36 describes that interested parties may 
express views on the national interest aspect s at the time of initiation of an anti-
dumping investigation. Paragraph 4 of Articl e 36 also provides for interested parties to 
submit comments following a decision by the Commission on the application of 
provisional anti-dumping duties. Could Ukra ine please explain the timing of this 
proceeding including whether at the conclusion  of an investigation but before a final 
decision by the Commission to impose anti -dumping measures, interested parties are 
further able to express views on the national  interest aspects. Is this triggered by 
interested parties or is this automa tically considered by the Commission. 
 Reply 
 
In the course of the anti-dumping investigation, interested parties may provide comments or other 
information, including the information on national interests, in part where it concerns:   
1)  initiation of the anti-dumping investigation periods specified in the notice on initiation of the 
anti-dumping investigation (usually 60 days from the date of publication) (Part 12 of Article 12);   
2)  Commission's Decision on levying of previous anti-dumping duty. These comments are taken 
into account by the Ministry if they are submitte d to the Ministry within one month from the date 
of application of provisional anti-dumping meas ures, which, if necessary sends them to the 
appropriate summary form to other parties who may submit relevant comments 
 
3)  final information (on the final stage of the investigation)  about the facts and conclusions on the basis of which the Ministry recommend definiti ve anti-dumping measures. In accordance with 
paragraph 5 of Article 33 of the Law "comments of  interested parties which were submitted after 
the final information has been provided, are consider ed at the conditions that they were received 
by the Ministry within the period determined by the Ministry in each separate case, but for not 
more than ten days". 
 Also, considering that according to paragraph 9 of  Article 13 of the Law "information and evidence 
provided to the Ministry by one of the parties co ncerned during the antidumping investigation, is 
sent by this interested party to all other interested parties", interested parties may provide 
comments on the information provided by other stakeholders.  
At the same time, it should be noted, that the information submitted pursuant to Article 36, is 
considered at the condition that it is supported by evidence justifying its cogency and with proper adherence to the requirements of this Act (Part 7 of Article 36). 
 
Question 8  Could Ukraine please explain whether interested  parties have rights of appeal (that is, 
to have matters reconsidered) in relation to  findings and decisions which they dispute, 
and what are the possible outcomes of such an appeal?  
Reply 
 
In accordance with the legislation of Ukraine the Commission's decision may be appealed to the 
Administrative Court of Ukraine. 
 
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