G/ADP/Q1/KAZ/1  
G/SCM/Q1/KAZ/1  
G/SG/Q1/KAZ/1  
 
5 October  2016 
(16-5310) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Counte rvailing Measures  
Committee on Safeguards  Original: English  
 
 NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES  18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
QUESTION S POSED BY THE UNITED STATES  
REGARDING THE NOTIFI CATION OF KAZAKHSTAN1 
The f ollowing communication, dated 3 October 2016, is being circulated at the request o f the 
Delegation of the United States . 
 
_______________  
 
 
The United States thanks Kazakhstan for its notification of (1)  Decision of the EEC Board of 
7 March 2012 No. 1 "On some issues of safeguard, antidumping and countervailing measures in 
the common cu stoms territory of the Customs Union "; (2) Provision for the use and protection of 
confidential information and proprietary information of limited distribution in the body responsible 
for investigating of 7 March 2012; (3) Regulation making and draft decisions of the 
Eurasian  Economic Commission for safeguard, antidumping a nd countervailing measures of 
7 March 2012; (4) Board of EEC Decision No. 44 of 16 May 2012 "On some issues of protection of 
the domestic market "; (5) Articles 48 -50 to the Treaty on the Eurasian Economic Union signed on 
29 May 2015; (6) Annex 8 "Protocol on Application of safeguard, anti -dumping and countervailing 
measures with regard to the Third countries " to the Treaty on the Eurasian Economic Union signed 
on 29 May 2015; and (7) Law o f the Republic of Kazakhstan No. 316 -V "On the application of 
safeguard, anti -dumping and countervailing measures with regard to the Third countries " of 
8 June 2015 and poses the following questions:2  
 
Question 1  
 
Paragraph 1.5 of "Provision for the use a nd protection of confidential information and proprietary 
information of limited distribution in the body responsible for investigating, " states that, "{t}his 
provision shall not preclude the disclosure by the authority conducting investigations the reason s 
underlying the decision of the Eurasian Economic Commission (hereinafter - EEC), or evidence 
relied upon EEC, to the extent that is necessary to explain those reasons or evidence in court 
authorized to review claims in the framework of the Agreement on t he application of safeguard, 
antidumping and countervailing measures against third countries from 25 January 2008 ".   
 
a. Please explain the protections provided for confidential or proprietary information 
disclosed in a court proceeding as described above.   
b. What rules or regulations bind the officers of the Court or the participants in the 
proceeding to maintain the confidentiality of the submitted information?   
c. Does the EEC require the original submitter of the information to the EEC to consent to 
this dis closure?   
 
                                               
1 G/ADP/N/1/KAZ/1/Rev.1 -G/SCM/N/1/KAZ/1/Rev.1 -G/SG/N/1/KAZ/1/Rev.1 (dated 20 July 2016).  
2 For the sake of efficiency, the  United States suggests that committee review for these questions be 
conducted in the Commi ttee on Anti -Dumping Practices.  G/ADP/Q1/KAZ/1 • G/SCM/Q1/KAZ/1 • G/SG/Q1/KAZ/1  
 
- 2 - 
 
  Question 2  
 
The title of Article 26 of the Law of the Republic of Kazakhstan No. 316 -V "On the application of 
safeguard, anti -dumping and countervailing measures with regard to the Third countries " states 
that "Determination of injury to domest ic industry of Member States by subsidized imports shall 
mean material injury to a domestic industry of the Member States, threat of material injury or 
material retardation of the establishment of a domestic industry in the Member States ". This 
definition appears nowhere else in the body of the text. Please explain the legal effect of article 
titles under Kazakhstan 's law.   
 
__________