G/ADP/N/1/KAZ/1  
G/SCM/N/1/KAZ/1  
G/SG/N/1/KAZ/1  
 
13 April 2016  
(16-2076)  Page: 1/107  
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 
KAZAKHSTAN  
The following communication, dated 18 March 2016, is being circulated at the request of the 
Delegation of Kazakhstan. 
 
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 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, Articl e 32.6 of the Agreement on Subsidies and 
Countervailing Measures and Article 12.6 of the Agreement on Safeguards please find attached texts of laws and regulations as of February 2016. 
 
The English text of the attached laws and regulations is not an officially translated text.  
II. TRANSPARENCY 
1. The Department for Internal Market Defen сe of the Eurasian Economic Commission is the 
responsible authority for conducting safeguard, antidumping and countervailing investigations. 
 
Address: Smolensky boulevard, 3/5, Moscow, Russian Federation, 119121  Tel: +7 (495) 669-24-00 (*1272)  Fax: +7 (495) 669-24-00 (*1109) 
E-mail: tradedefence@eecommission.org  
Website: http://eec.eaeunion.org  
 
2. Notifications of the responsible author ity concerning safeguard, antidumping and 
countervailing actions are published on the website of the Eurasian Economic Community at http://www.eurasiancommission.org . 
 
The list of laws and regulations:  1. 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";  
2. Provision for the use and protection of conf idential information and proprietary information 
of limited distribution in the body resp onsible for investigating of 7 March 2012; 
 
3. Regulation making and draft decisions of th e Eurasian Economic Commission for safeguard, 
antidumping and 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"; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  5. Articles 48-50 to the Treaty on the Eurasian Economic Union signed on 29 May 2015;  
6. Annex 8 "Protocol on Application of safegu ard, anti-dumping and countervailing measures 
with regard to the Third countries" to the Treaty on the Eurasian Economic Union signed on 29 May 2015; 
 
7. 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" of 8 June 2015. 
 
 
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 G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Unofficial translation 
 
Decision 
7 March 2012 
No. 1 
 
On some issues of safeguard, antidu mping and countervailing measures  
in the common customs territory of the Customs Union 
 
Board of Eurasian Economic Commission decided: 
 
1. To authorize as the body responsible for the investigation prior to the introduction of 
safeguard, antidumping and countervailing measures in the common customs territory of the Customs Union (hereinafter - the investigation), assigned to the Department of Protective 
Measures in Foreign Trade of Secretariat of the Commission of the Customs Union Customs Union 
Commission Decision of 23 September 2011 No. 802, the Department for Internal Market Defense of the Eurasian Economic Commission, and entrust it upon the date of entry into force of this 
Decision, the investigation and other procedures within the authority granted to that authority by 
the Agreement on the application of safeguard, antidumping and countervailing 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. To approve:  
Provision for the use and protection of confidential 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. To 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 
 
 
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 treatmen t of documents that contain confidential and 
proprietary information of limited distribution, regulates the relations connected with the protection of the information received and used by the body responsible for investigations (hereinafter - the authority conducting the investigations) for the purpose of processing 
applications for safeguard, anti-dumping or countervailing measures, investigations, as well as 
perform other procedures involving the use of safeguard, antidumping and countervailing measures in a single customs territory of the Customs Union. 
 
1.2. For the purposes of this Regulation, the following definitions: 
- 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 G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Article 1 of the Protocol on the procedure for granting the authority conducting the 
investigations, the information contained, including confidential information, for the purposes of investigation, prior to the introduction of safeguard, antidumping and countervailing measures, in relation to third countries of 19 November 2010 
(hereinafter - the competent or authorized bodies of the states - members of the 
Customs Union), which is classified in accordance with the laws of a member-state of the Customs Union to the commercial or other legally protected information (secret); 
- Proprietary 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 memb er-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 technical measures aimed at 
eliminating improper disclosure, access, dest ruction, modification, copying, and other 
unjust acts in relation to such information; 
- Disclosure of confidential information and (or) proprietary information of limited 
distribution - the act or omission of the head and (or) the officials of the authority 
conducting the investigations, as a result of which the information in any way possible (oral, written or other form, including the use of technical tools) becomes known to others. 
1.3. Confidential information and proprietary inform ation of limited distribution can be used only 
for the purposes for which such information was requested by the authority conducting the investigations or for which it was provided to this authority by the parties on a voluntary basis. 
 
1.4. Authority conducting the investigations shall not disclose confidential information without the written consent of the person or body provided it. 
 
1.5. This provision shall not preclude the disclosure by the authority conducting investigations the reasons underlying the decision of the Eurasi an 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 fram ework of the Agreement on the application of 
safeguard, antidumping and countervailing measures against third countries from 25 January 2008. 
 
1.6. The procedure for documents that contain confidential information, and (or) proprietary information of limited distribution that protects such information, set the documents the authority 
conducting the investigations, in accordance with the provisions of it. 
 1.7. Responsibility for the organization of work for the protection of confidential information and 
proprietary information of limited distribution in accordance with the regulations rests with the 
head of the authority conducting the investigations. 
 1.8. This provision applies to all structural units of the authority conducting the investigations. 
 
2. Procedure of access to confidential info rmation, responsibilities of staff admitted 
to confidential and proprietary in formation of limited distribution 
 
2.1. The head and employees of the authority conducting the investigations shall: 
- read by hand with this provision and other documents of the authority conducting the 
investigations, on the protection of confidential and proprietary information of limited 
distribution; 
- sign an individual written undertaking not to disclose confidential information in 
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. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  2.2. The head and employees of the authority conducting the investigations are not allowed to 
work with confidential information to meet the requirements established by subparagraph 2.1 of 
the Regulation.  
2.3. The head and employees of the authority conducting the investigations shall: 
- not disclose confidential information and prop rietary information of limited distribution; 
- comply with the treatment of documents that contain confidential information, and (or) 
proprietary information of limited distribu tion, installed in a body conducting an 
investigation; 
- comply with the rules for dealing with the protection of information and access to 
documents in electronic form, contains confidential information and (or) proprietary 
information of limited distribution, in its treatment; 
- take measures to protect confidential information and proprietary information of limited 
distribution, hindering its unauthorized disclosure. 
3. Access to confidential information and proprietary information of limited 
distribution 
3.1. The head of the authority 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 authorit y 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 conducting the investigations, with access to confidential 
information and (or) the overhead of limited distribution within the application on the application of safeguard, antidumping or countervailing measures, conduct investigations, and perform other 
procedural actions related to the use of the common customs the Customs Union of safeguard, 
antidumping and countervailing measures, determin ed by the head of the authority conducting 
investigations or his deputy. 
4. Responsibility of the head and employees  for disclosing confidential information 
and proprietary information of limited distribution 
4.1. For willful or negligent disclosure of confidential information and (or) the overhead of limited 
distribution, as well as a violation of procedures for handling documents that contain such 
information the head and employees of the author ity conducting the investigations, subject to 
disciplinary liability in the form of dismissal fr om 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 investigation on the facts of the disclosure of confidential 
information and (or) proprietary information of limited distribution or on violation of procedures for handling documents that contain such information which shall be resulted if necessary in 
appropriate decisions. 
4.3. The head or employees of the authority co nducting the investigations, in breach of its 
obligations to disclose confidential information shall be deprived of the immunity provided by the Convention on the Privileges and Immunities  of the Eurasian Economic Community, on 
31 May 2001, and for the disclosure of confidential information in the sphere which is a secret 
protected by the law of the member-state of the Cu stoms Union, subject to administrative, civil or 
criminal liability under the law of a Member State of the Customs Union, in which the body 
conducting the investigation. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  5. Requirements for the treatment of docume nts that contain confidential information 
and proprietary information of limited distribution 
5.1. Documents containing confidential information should be reported to investigators should be 
marked "Confidential", which appears in the upper right corner of each page. 
Documents containing proprietary information of limited distribution should be reported to 
the authority conducting investigation processed in accordance with the laws of the member-state of the Customs Union. 
The sender shall specify the name of the authority conducting the investigations on mailing 
envelopes containing confidential information or proprietary information of limited distribution. 
5.2. Correspondence addressed to the authorit y conducting the investigations, the service 
received by the office of EEC, the day of its rece ipt is transferred to the recipient without opening 
envelopes. 
In the case of postal delivery courier officer responsible for correspondence of the authority 
conducting the investigations, is called to the EEC service office for correspondence under his 
signature. 
5.3. Outgoing documents the authority conducting the 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 conducti ng the investigation, with the ECE office 
in sealed envelopes, decorated in the manner prescribed in the state - the customs union, in which the body conducting an investigation, to send by registered mail with return receipt to the 
recipient. 
Notification of delivery to the addressee letter received by the service office of ECE, the day 
of its receipt is transmitted to the body conducting the investigation. 
5.4. Registration and recording of documents cont aining confidential information, and incoming 
documents that contain proprietary information of li mited distribution, is in a body conducting an 
investigation, separate from other documents. 
5.5. Outgoing documents of the authority conducting the investigations, containing confidential 
information and (or) proprietary information of limited distribution, sent to the 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 distribution, marked "For Official Use 
Only" and indicating the number of copies.  
Registration of such documents shall be in the manner prescribed in EEC for documents 
containing proprietary information of limited distribution. 
5.6. The treatment of documents containing confidential information and (or) proprietary 
information of limited distribution in the authority conducting the investigations, provides: 
- implementation of registration and record ing of documents containing confidential 
information, and (or) proprietary information of limited distribution, including copies thereof; 
- restriction on reproduction (replication) of documents containing confidential information 
and proprietary information of limited distribution; 
- transfer under a list of documents containing confidential information, and (or) 
proprietary information of limited distribution, and copies thereof; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  - ensuring proper storage of documents containing 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 li mited distribution, including processed with 
computer equipment. 
5.7. Work actions with confidential and proprietary 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 Internet and the local network of EEC, as well as access to the network of the authority conducting the investigations, from the Internet or local 
EEC network. 
5.9. IT officers and technical support are admitted to facilities containing confidential information 
and (or) the proprietary information of limited di stribution, to the extent necessary to ensure 
functioning the hardware and software products. 
 
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  Annex 
COMMITMENT 
Confidentiality 
I, _____________________________________________________________(Name of Officer)  
Acting on work status_____________________________________________________________ 
________________________________________ (Title, name of the structural unit) warned that 
during the period of performance of official duties I will be given access to confidential information. 
I hereby voluntarily assume the following responsibilities: 
Not disclose to third parties confidential information coming to my knowledge in the exercise of 
official duties. 
1. Comply with regulations governing the issues  of treatment and protection of confidential 
information. 
2. In the case of third-party 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. 
5. Upon termination or termination of the employment contract pass on all available in my use 
of the media of confidential information. 
I am aware that in the event of a breach of these obligations I will be prosecuted to disciplinary 
actions, may be deprived of immunity estab lished by the Convention on the Privileges and 
Immunities of the Eurasian Economic Community, on 31 May 2001, and involved to administrative, 
civil or criminal liability under the law of the member-state of the Customs Union, where the authority conducting the investigation is situated. 
Signature,  
Date ________________________ 
 G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Approved by 
Decision of the Board 
Eurasian Economic Commission 
of 7 March 2012 No. 1 
Regulation on decision-making an d 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 measures against third countries from 25 January 2008 (hereinafter - Agreement) and other internationa l treaties of member - states of the Customs 
Union, constituting the legal framework of th e Customs Union, and defines the procedure for 
making decisions and carrying out other activities related to the initiation and conduction of 
investigations prior to the imposition of safeguard, antidumping and countervailing measures on the single customs territory of the Customs Union (hereinafter - the investigations), as well as the 
preparation of the draft decisions of the Eurasi an Economic Commission (hereinafter - EEC) taken 
in accordance with the legal regulations constituting the legal framework of the Customs Union on safeguard, antidumping and countervailing measur es (hereinafter - the EEC draft decisions on 
safeguard, antidumping and countervailing measures). 
1. Decision-making related to initiati on and conduction of investigations 
1.1. Decisions to initiate an investigation, including review, the refusal to conduct it, the 
extension of the investigation and its termination in the absence of grounds for application, review 
or cancellation of a safeguard, antidumping or countervailing measure shall be taken by order of 
the Director of the Department for Internal Market Defense of the EEC (hereinafter - the Director of the Department) in coordination with the Board Member (Minister) of the Trade. 
1.2. The decision to deny the submission on the application of safeguard, antidumping or 
countervailing measure is adopted by the Director of the Department.  
1.3. Notification to the applicant about the 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 decisions within the terms provided by the Agreement. 
1.4. The results of investigations, including provisional, are prepared in the form of reports 
signed by the Director of the Department in  confidential and non-confidential versions. 
1.5. Submissions, notifications and other corresp ondence 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 ot her international treaties of member - states of 
the Customs Union, constituting the legal framew ork of the Customs Union, are signed by the 
Director of the Department or the Board Memb er (Minister) of the Trade (if necessary). 
2. Carrying out certain procedural action s prior to the imposition of safeguard, 
antidumping and countervailing measures ag ainst products originating from foreign 
countries and destined for the single customs territory of the Customs Union 
2.1 Notice of receipt of the submission on the application of safeguard, antidumping or 
countervailing measure shall be sent to the competent authorities of the member-states of the 
Customs Union within five working days from the date of registration of the submission in the 
Department with signature of the Director of the Department. Notice of receipt of the submission 
shall contain the name and classification code CN CU of the product for which submission is filed 
and the name of the exporting foreign country (exporting foreign countries). 
2.2 Notice of initiation of an investigation, including a review, and non-confidential version of the 
submission are sent within 5 working days from the date of initiation of an investigation by the 
competent authorities of the member - states of the Customs Union for the purpose of transferring G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  them to interested parties - participants of the investigation 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, an tidumping 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 date of initiation of the investigation; 
- on the imposition and application of anti dumping or countervailing measures - not later 
than 270 calendar days from the date of commencement of the investigation;  
- on the extension of the application of antidumping or countervailing measure for the 
period of a review - not later than 90 ca lendar days prior to the expiry of the 
antidumping or countervailing measure; 
- on non-application of a safeguard, antidumping or countervailing measures in accordance 
with the provisions of Article 40 of the Agreement - not later than 60 calendar days prior 
to the expiry of the investigat ion specified by the Agreement. 
2.5. Draft decisions of the EEC on safeguard, an tidumping 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.  
2.7. Draft decisions of EEC are considered at th e meeting of the advisory body on trade issues 
not later than 40 calendar days from the date of the draft decisions' dispatch to the authorized bodies of the member - states of the Customs Union. 
2.8. Confidential version of the report of the investigating authority, prepared according to the 
results of the investigation, including those containing preliminary findings, are sent to the Board Members in the format of a document containing privileged information of limited distribution. 
The Board Members have the right to determine one representative from the staff of the EEC 
for the examination of reports prepared by the investigating authority, according to the results of the investigation, including those containing preliminary findings. 
The Board Members and their representatives shall use relevant information in the specified 
manner and shall be responsible for the disclosure and use for purposes not related to official of such information in accordance with Article 16 of the Treaty on the Eurasian Economic Commission.  G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/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 Defense of the Eurasian Economic 
Commission to complete in the prescribed manner the investigations carried out by the authorized bodies of the Customs Union members-states, referred to in paragraph 3 of the Customs Union 
Commission Decision of 17 August 2010 No. 339, and investigations have not been completed 
before 1 July 2012, after receipt of the documents and materials referred to in paragraph 2 above. 
2. Requests Parties to the 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 authorized  bodies of the Customs Union countries and 
not completed before the period specified in paragraph 1 of this decision - until 
6 July 2012; 
- Investigation (reviews), completed by the authorized bodies of the 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, antidumping and countervailing measures in the common customs territory of the Customs Union" to be repealed from 1 July 2012. 
4. This Decision shall enter into force thirty da ys after the date of its official publication. 
 
Chairman V.B. Khristenko 
 
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  Treaty on the Eurasian Economic Union 
3. Trade Remedies 
Article 48. General Provisions on  Application of Trade Remedies 
1. In order to defend the economic interests of producers in the Union, trade remedies may be 
applied to products originating in third countries and imported into the customs territory of the 
Union in the form of safeguard, anti-dumping and countervailing measures, and in the form of 
other measures in cases provided for in Article 50 of this Treaty.  
2. A decision to apply, modify or withdraw a safeguard, anti-dumping or countervailing 
measure or not to apply a measure is to be taken by the Commission. 
3. Safeguards, anti-dumping or countervailing measures shall be applied in accordance with 
the conditions and procedures set out in Annex 8 to this Treaty. 
4. A safeguard, anti-dumping or countervailing measure shall be applied pursuant to an 
investigation carried out by the competent author ity designated by the Commission (hereinafter 
"investigating authority") in accordance with the provisions of Annex 8 to this Treaty. 
5. Safeguard, anti-dumping and countervailing duti es shall be transferred and distributed in 
accordance with Annex 8 to this Treaty.  
Article 49. Principles of Application of Safeguard, 
Anti-Dumping and Countervailing Measures 
1. A safeguard measure may be applied to a product if, pursuant to an investigation, the 
investigating authority determines that such a product is being imported into the customs territory of the Union in such increased quantities (absolute or relative to domestic production of the like or 
directly competitive product in the Member States), and under such conditions as to cause or 
threaten to cause serious injury to a do mestic industry of the Member States. 
2. An anti-dumping measure may be applied to a pr oduct that is considered to be dumped if, 
pursuant to an investigation, the investigating authority determines that imports of such product 
into the customs territory of the Union cause or threaten to cause material injury to a domestic 
industry of the Member States or materially retard  the establishment of a domestic industry of the 
Member States. 
3. A countervailing measure may be applied to an imported product that was granted a specific 
subsidy from an exporting third country on the manufacture, production, export or transportation 
of the product if, pursuant to an investigation, the investigating authority determines that imports of such product into the customs territory of the Union cause or threaten to cause material injury to a domestic industry of the Member States or materially retard the establishment of a domestic industry of the Member States. 
4. For the purposes of application of trade reme dies, the domestic industry of the Member 
States shall be understood to mean domestic producers as a whole of the like products (for the purposes of anti-dumping and countervailing duty investigations) or the like or directly competitive 
products (for the purposes of safeguard investigations) or those of them whose collective output of 
such products constitutes a major proportion of the total domestic production in the Member States of the like products or like or directly competitive products, respectively, but not less than 
25 percent.  
Article 50. Other Trade Defence Instruments 
 In order to offset negative impact of imports from a Third Party on producers of the Member 
States, an international treaty establishing a fr ee trade regime between the Union and such Third 
Party may provide for the right to impose bilateral trade defence instruments other than safeguard, anti-dumping and countervailing measures, including measures with respect to agricultural products. 
 The decision to apply such measures is to be taken by the Commission. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  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 
I. General Provisions 
1. This Protocol has been elaborated in accordan ce with Articles 48 and 49 of the Treaty on the 
Eurasian Economic Union (hereinafter - "Treaty") and lays down provisions pertinent to the 
application of safeguard, anti-dumping and counter vailing measures to third countries with a view 
to defend economic interests of producers in the Union. 
2. The terms used in this Protocol  shall have the following meanings: 
- "like product" means a product which is completely identical to the product subject to 
investigation or to the product that may become the product subject to investigation (review) or in 
the absence of such a product, another product that has characteristics closely resembling those of the product subject to investigation or the product that may become the product subject to 
investigation (review); 
- "anti-dumping measure" means a measure to counteract dumped imports that is applied 
pursuant to a decision of the Commission by way of imposing an anti-dumping duty, including a 
provisional anti-dumping duty, or acceptin g a price undertaking from an exporter; 
- "anti-dumping duty" means a duty that is applied pursuant to the imposition of an anti-
dumping measure that is levied by the customs authorities of the Member States, irrespective of an import customs duty; 
- "margin of dumping" means the percentage ratio of the normal value of the product, 
deducting the export price of the product, to its export price, or the difference between the normal 
value of the product and its export price in absolute terms; 
- "import quota" means a restriction on importation of the product into the customs territory 
of the Union with respect to the quantity and/or value; 
- "countervailing measure" means a measure to offset the effect of a specific subsidy of an 
exporting third country on the domestic industry of  the Member States that is applied pursuant to 
a decision of the Commission by way of imposing a countervailing duty (including a provisional countervailing duty) or accepting voluntary undertakings from an authorized body of the third country granting the subsidy or the exporter; 
- "countervailing duty" means a duty that is applied pursuant to the imposition of a 
countervailing measure and is levied by the customs authorities of the Member States, irrespective of an import customs duty; 
- "material injury to a domestic industry of the Member States" means a deterioration  in the 
position of the domestic industry of the Member  States, confirmed by positive evidence, which 
may manifest itself, in particular, in a decline in production of the like product in the Member 
States and sales in the market of the Member States, in a decline in profitability, as well as 
negative effect on the inventories, employment, wages, and the level of investment in the domestic industry of the Member States; 
- "directly competitive product" means a product that is comparable with the product subject 
to investigation or with the product that may become the product subject to investigation (review) 
in its intended use, application, quality or physical characteristics, as well as other main properties so that a consumer substitutes or is willing to substitute it during the consumption with the 
product subject to investigation or the product that may become the product subject to 
investigation (review); G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  - "ordinary course of trade" means sales of the like product in the market of the exporting 
third country at a price not below the weighted average cost of production defined on the basis of the weighted average costs of production plus weighted average selling, administrative and general costs; 
- "payers" means persons defined in accordance with the Customs Code of the Eurasian 
Economic Union; 
- "provisional anti-dumping duty" means a duty applied to imports into the customs territory 
of the Union of the product subject to investigation in relation to which during the course of an 
investigation the investigating authority has made a preliminary determination of dumped imports that cause material injury to a domestic industry of the Member States, threaten to cause material injury or materially retard the establishment of a domestic industry of the Member States; 
- "provisional countervailing duty" means a duty applied to imports into the customs territory 
of the Union of the product subject to investigation in relation to which during the course of an investigation the investigating authority has made a preliminary determination of subsidized 
imports that cause material injury to a domestic industry of the Member States, threaten to cause 
material injury or materially retard the establishment of a domestic industry of the Member States; 
- "provisional safeguard duty" means a duty app lied to imports into the customs territory of 
the Union of the product subject to investigation in relation to which during the course of an investigation the investigating authority has made a preliminary determination of increased imports that cause or threaten to cause serious injury to a domestic industry of the Member 
States; 
- "previous period" means 3 calendar years immediately preceding the date of filing the 
application for the investigation and for which necessary statistical data is available; 
- "related parties" means persons that meet one or more of the following criteria: 
- each of these persons is an employee or he ad of an organization established with the 
participation of another person; 
- persons are business partners, i.e. bound by contractual relations, operate for profit 
and jointly bear the costs and losses associ ated with the implementation of joint 
activities; 
- persons are employers and employees of one organisation; 
- one of them directly or indirectly owns, controls or is a nominee shareholder of 5 or 
more percent of the voting shares or shares of both persons; 
- one of them directly or indirectly controls the other; 
- both of them are directly or indirectly controlled by a third person; 
- together they directly or indirectly control a third person; - persons are in marital relations, kindred relations, or are an adoptive parent and an 
adoptee, as well as a trustee and a ward. 
Direct control is understood as the possibility for a legal entity or a natural person to determine 
the decisions made by the legal entity through one or more of the following actions: 
- exercising of the functi ons of its executive body; 
- receiving the right to determine the conditio ns of the entrepreneurial activity of the 
legal entity; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  - disposal of more than 5 percent of the total number of votes that refer to shares that 
represent authorized (joint) capi tal (fund) of the legal entity. 
The indirect control is understood as the possibili ty of a legal entity or a natural person to 
determine the decisions made by a legal entity through a legal entity or a natural person or 
through a number of legal entities between which there is direct control. 
- "serious injury to a domestic industry of the Member States" means overall impairment in 
the situation related to the production of the like  or directly competitive product in the Member 
States, confirmed by positive evidence, that manifests itself in significant impairment in the 
industrial, commercial and financial position of the industry of the Member States, and is generally determined for the previous period; 
- "safeguard measure" means a measure to counter increased imports into the customs 
territory of the Union that is applied pursuant to a decision of the Commission by way of imposing 
an import quota, a safeguard quota or a safegu ard duty, including a provisional safeguard duty; 
- "safeguard quota" means an establishment of a particular volume of imports of a product 
imported into the customs territory of the Union, below which the product is imported into the 
customs territory of the Union without paying a safeguard duty, and above which - upon paying a 
safeguard duty; 
- "safeguard duty" means a duty that is applied pursuant to the imposition of a safeguard 
measure and is levied by the customs authorities of  the Member States, irrespective of the import 
customs duty; 
- "subsidized imports" means imports into the customs territory of the Union of a product, 
whereby a specific subsidy of an exporting third country was used in its production, export and 
transportation; 
- "third countries" means countries and/or groups of countries that are not the Members of 
the Union, as well as the territories included into the Classifier of Countries of the World that is 
approved by the Commission; 
- "granting authority" means a government authority or a local government authority of an 
exporting third country or a person who acts pursuant to the instruction of the relevant 
government authority or a local government authority or authorized by the relevant government authority or local government authority in accordance with a legal act or based on factual circumstances; 
- "threat of material injury to a domestic industry of the Member States" means imminence of 
material injury to a domestic industry of the Member States that is confirmed by positive evidence; 
- "threat of serious injury to a domestic indu stry of the Member States" means imminence of 
serious injury to a domestic industry of the Member States that is confirmed by positive evidence; 
- "export price" means a price that is paid or payable upon importation of a product into the 
customs territory of the Union. 
II. Investigation 
1. Investigation Objectives 
3. A safeguard, anti-dumping or countervailing measure on imports of a product shall only be 
imposed pursuant to an investigation carried out to determine: 
- the existence of increased imports into the customs territory of the Union that cause 
or threaten to cause serious injury to a domestic industry of the Member States; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  - the existence of dumped or subsidized imports into the customs territory of the Union 
that cause or threaten to cause material injury to a domestic industry of the Member States or materially retard the establishment of a domestic industry of the Member States. 
2. Investigating Authority 
4. The investigating authority shall act within the powers given to it by international treaties and 
acts constituting the law of the Union. 
5. Pursuant to an investigation, the investigating authority shall present a report to the 
Commission that contains a proposal on application or extension of the period of application of a safeguard, anti-dumping or countervailing measure, on review or withdrawal of a safeguard, anti-
dumping or countervailing measure, together wi th the draft of a relevant decision of the 
Commission. 
6. A review of the safeguard, anti-dumping or countervailing measure shall provide for its 
modification, withdrawal or liberalization based on the results of such review. 
7. In cases specified in paragraphs 15-22, 78-89, 143-153 of this Protocol the investigating 
authority until the end of the investigation shall present to the Commission a report that contains a proposal on imposition or application of provisional safeguard, anti-dumping or countervailing 
measure together with the draft of a relevant decision of the Commission. 
8. The provision of evidence and information to the investigating authority, as well as written 
correspondence with the investigating authority, shall be maintained in the Russian language, original documents that are prepared in a foreign language shall be accompanied with a certified 
translation into the Russian language. 
III. Safeguard Measures 
1. General Principles of Appl ication of Safeguard Measure 
9. A safeguard measure shall be applied to a prod uct imported into the customs territory of the 
Union from an exporting third country, irrespective of the country of its origin, except: 
1) products originating in a developing or a least developed third country benefiting from the tariff 
preferences system of the Union as long as th e share of imports of the product subject to 
investigation from this country does not exceed 3 percent of total imports of the product subject to 
investigation into the customs territory of the Union, provided that the total share of imports from developing and least developed countries, whose indi vidual share of imports of the product subject 
to investigation does not exceed 3 percent of total imports of the product subject to investigation 
into the customs territory of the Union, collectively account for not more than 9 percent of total imports of the product subject to investigation into the customs territory of the Union; 
2) product originating in a Participating State of the Commonwealth of Independent States, which 
is a party to the Treaty on a Free Trade Area of October 18, 2011, provided that conditions specified in Article 8 of the Treaty on a Free Trade Area of October 18, 2011 are fulfilled. 
10. The Commission shall take a decision to extend the safeguard measure to a product originating 
in a developing or a least developed third country and excluded from the application of a safeguard measure in accordance with paragraph 9 of this Prot ocol if, pursuant to a review carried out by the 
investigating authority in accordance with paragraphs 31, 33 or 34 of this Protocol, it is 
determined that the share of imports of this de veloping or least developed third country exceeds 
the shares specified in paragraph 9 of this Protocol. 
11. The Commission shall take a decision to extend the safeguard measure to a product originating 
in a Participating State of the Commonwealth of Independent States, which is a party to the Treaty 
on a Free Trade Area of October 18, 2011 and excluded from the application of a safeguard measure in accordance with paragraph 9 of this Prot ocol if, pursuant to a review carried out by the 
investigating authority in accordance with paragraphs 31, 33 or 34 of this Protocol, it is G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  determined that the conditions specified in Ar ticle 8 of the Treaty on a Free Trade Area of 
October 18, 2011 are no longer fulfilled. 
2. Determination of Serious Injury  or Threat Thereof to Domestic 
Industry of Member States Caused by Increased Imports 
12. For the purposes of determination of serious inju ry or threat thereof to a domestic industry of 
the Member States caused by increased imports in to the customs territory of the Union, in the 
course of an investigation the investigating authority shall evaluate all factors of an objective and 
quantifiable nature which have a bearing on the economic situation of the domestic industry of the 
Member States, including the following: 
1) the rate and amount of the increase in imports of the product subject to investigation in 
absolute and relative terms to domestic production or consumption of the like or directly 
competitive product in the Member States; 
2) the share of the imported product subject to investigation in the total volume of sales of this 
product and the like or directly competitive product in the market of the Member States; 
3) the level of prices for the imported product subject to investigation in comparison with the level 
of prices for the like or directly competitive product produced in the Member States; 
4) changes in the volume of sales of the like or directly competitive product produced in the 
Member States in the market of Member States; 
5) changes in the volume of production of the lik e or directly competitive product, productivity, 
utilization of capacity, amount of profits and losse s, and employment in the domestic industry of 
the Member States. 
13. Serious injury or threat thereof to a domestic industry of the Member States caused by 
increased imports shall be determined pursuant to an examination of all relevant evidence and information available to the investigating authority. 
14. Along with increased imports, the investigating authority shall examine other known factors 
which at the same time are causing or threatening to cause serious injury to the domestic industry of Member States. Such injury must not be attributed to the serious injury or threat thereof 
caused by increased imports into the customs territory of the Union. 
3. Imposition of Provisional Safeguard Duty 
15. In critical circumstances where delay would cause damage to a domestic industry of the 
Member States which it would be difficult to repair, the Commission, before the conclusion of the 
respective investigation, may take a decision to apply a provisional safeguard duty for a period not 
exceeding 200 calendar days on the basis of a preliminary determination by the investigating authority that there is clear evidence that increa sed imports of the product subject to investigation 
have caused or are threatening to cause serious injury to a domestic industry of the Member 
States. The investigation shall be continued in order to obtain the final determination of the investigating authority. 
16. The investigating authority shall notify in writing the authorized body of the exporting third 
country as well as other interested parties known to it of the possible imposition of a provisional safeguard duty. 
17. At the request of the authorized body of the exporting third country to hold consultations on 
the imposition of a provisional safeguard duty such consultations shall be initiated after the 
decision to apply a provisional safegu ard duty is taken by the Commission. 
18. In cases where, pursuant to an investigation, the investigating authority determines that there 
are no grounds for the imposition of a safeguard measure, or the decision not to apply a safeguard 
measure is taken in accordance with paragraph 272 of this Protocol, the amounts of the G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  provisional safeguard duty shall be refunded to  the payer in accordance with the procedure 
specified in the Annex to this Protocol. 
The investigating authority shall provide timely information to the customs authorities of the 
Member States on the absence of grounds for the imposition of a safeguard measure, or on the 
decision not to apply a safeguard measure taken by the Commission. 
19. In cases where, pursuant to an investigat ion, the decision to apply a safeguard measure 
(including in the form of an import or safeguard quota) is taken, the duration of the provisional 
safeguard duty shall be counted as part of the overall period of application of the safeguard 
measure, and from the date of entry into force of the decision to apply the safeguard measure taken pursuant to an investigation, the amounts of provisional safeguard duty shall be transferred and distributed in accordance with the procedure specified in the Annex to this Protocol, taking 
into account the provisions of paragraphs 20 and 21 of this Protocol. 
20. In cases where, pursuant to an investigation, it is considered reasonable to impose a 
safeguard duty at a rate less than the provisiona l safeguard duty, the amounts of the provisional 
safeguard duty equal to the amount of the sa feguard duty calculated on the basis of the 
established safeguard duty rate shall be transf erred and distributed in accordance with the 
procedure specified in the Annex to this Protocol. 
The amounts of the provisional safeguard duty wh ich exceed the amount of the safeguard duty 
calculated on the basis of the established safeguard duty rate shall be refunded to a payer in accordance with the procedure specified in the Annex to this Protocol. 
21. In cases where, pursuant to an investigation, it is considered reasonable to impose a 
safeguard duty at a rate higher than the provis ional safeguard duty, the difference between the 
amount of the provisional safeguard duty and th e amount of the safeguard duty shall not be 
collected. 
22. The decision to impose of a provisional safe guard duty, as a rule, shall be taken not later 
than 6 months from the date of the initiation of the investigation. 
4. Application of Safeguard Measure 
23. A safeguard measure shall be applied pursuant to a decision of the Commission to the extent 
and as long as necessary to prevent or remedy serious injury or threat thereof to a domestic industry of the Member States and to facilitate the adjustment of a domestic industry of the 
Member States to changing economic conditions. 
24. In cases where a safeguard measure is applied by way of establishing an import quota, the 
level of such quota shall not be lower than the average annual volume of imports of the product 
subject to investigation (in quantitative or in value terms) for the previous period, except in cases 
where a lower level of import quota is necessary to remedy serious injury or threat thereof to a 
domestic industry of the Member States. 
25. In cases in which an import quota is allocate d among exporting third co untries, those of them 
having an interest in supplying the product subjec t to investigation to the customs territory of the 
Union shall be provided an opportunity to hold consultations on the allocation of import quota among them. 
26. In cases where the conduct of consultations specified in paragraph 25 of this Protocol is not 
practicable or no agreement on such allocation is reached in the consultations, an import quota 
shall be allocated among exporting third countries  having an interest in exporting the product 
subject to investigation to the customs territory of the Union based upon the proportions of this 
product, imported from these third countries during  the previous period, of the total quantity or 
value of imports of such product.  
Any special factors which may have affected or may be affecting the trade in the product shall be 
taken into account. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  27. In cases where imports of the product subjec t to investigation from certain exporting third 
countries have increased in disproportionate percentage in relation to the total increase of imports of such product within 3 years preceding the date of filing the application for the investigation, the Commission may allocate an import quota among such exporting third countries, taking into 
account the absolute and relative increase in imports of this product into the customs territory of 
the Union from such exporting third countries.  
The provisions of this paragraph shall be applied only in cases where the investigating authority 
has determined the existence of serious injury to a domestic industry of Member States. 
28. The procedure for application of a safeguard me asure in the form of an import quota shall be 
determined by the Commission. In cases where such a decision provides for import licensing, licences shall be issued in accordance with th e procedure specified in Article 46 of the Treaty. 
29. In cases where a safeguard measure is applied by way of establishing a safeguard quota, 
determination of level, allocation, and application of such quota shall be carried out in accordance with the procedure specified for import quota in paragraphs 24-28 of this Protocol. 
5. Duration and Review of Safeguard Measure 
30. The duration of a safeguard measure shall not exceed 4 years, except for the case where the 
duration of such a measure is extended in accordance with paragraph 31 of this Protocol. 
31. The duration of a safeguard measure specified in paragraph 30 of this Protocol may be 
extended by a decision of the Commission if, pursuant to a review carried out by the investigating authority it is determined that it is necessary to extend the duration of a safeguard measure to 
remove serious injury to a domestic injury of th e Member States or threat thereof and there is 
evidence that the domestic industry of the Member  States is adjusting to the changing economic 
conditions. 
32. If the Commission takes a decision to extend a safeguard measure, such safeguard measure 
shall not be more restrictive than the safeguard measure which is in force on the date when this 
decision is taken. 
33. In cases where the duration of a safeguar d measure exceeds 1 year, the Commission shall 
progressively liberalize such safeguard measure at regular intervals during the period of 
application. 
In cases where the duration of a safeguard measur e exceeds 3 years, not later than the mid-term 
of the measure, the investigating authority shall carry out a review, pursuant to which the 
safeguard measure may be maintained, liberalized or withdrawn. For the purposes of this 
paragraph, liberalization of a safeguard measure shall mean an increase in an import quota or a safeguard quota, or a reduction of a safeguard duty rate. 
34. In addition to a review specified in paragraph 33 of this Protocol, at the initiative of the 
investigating authority or upon an application by an interested party, a review may be carried out in order to: 
1) determine whether it is reasonable to modify, liberalize or withdraw a safeguard measure due 
to changed circumstances, including the clarific ation of the product subject to the safeguard 
measure if there are grounds to believe that such a product cannot be produced in the Union in the 
course of application of this safeguard measure; 
2) determine the shares of developing or least developed third countries in the total volume of 
imports of the product into the customs territory of the Union; 
3) determine for the Participating States of th e Commonwealth of Independent States which are 
parties to the Treaty on a Free Trade Area of 18 October 2011 whether the criteria established by 
Article 8 of the mentioned Treaty are fulfilled. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  35. The investigating authority may accept an application for a review for the purposes specified in 
subparagraph one of paragraph 34 of this Protocol if at least 1 year has elapsed since the imposition of a safeguard measure. 
36. The provisions regarding the carrying out of investigations shall be applied mutatis mutandis  to 
reviews.  
37. The total period of application of a safeguard measure, including the period of application of a 
provisional safeguard duty and the period for which the duration of a safeguard measure is 
extended, shall not exceed 8 years. 
38. No safeguard measure shall be applied again to the import of a product which has been 
subject to a safeguard measure for a period of time equal to the period of duration of the previous 
safeguard measure. The period of such non-app lication of a safeguard measure shall be not less 
than 2 years. 
39. A safeguard measure with a duration of 180 calendar days or less, notwithstanding the 
provisions of paragraph 38 of this Protocol, may be applied again to the same product if at least 1 
year has elapsed since the date of imposition of a previous safeguard measure and a safeguard 
measure has not been applied to such product more  than twice in the five-year period preceding 
the date of imposition of the new safeguard measure. 
IV. Anti-Dumping Measures 
1. General Principles of Application of Anti-Dumping Measure 
40. A product shall be considered as being dumped if the export price of the product is less than 
its normal value. 
41. The period of investigation for which data is examined for the purpose of determining the 
existence of dumped imports shall be established by the investigating authority. This period should normally be 12 months preceding the date of filing the application for investigation, for which the 
statistical data is available, but in any case no less than 6 months. 
2. Determination of Margin of Dumping 
42. The margin of dumping shall be determined by the investigating authority on the basis of a 
comparison of: 
1) a weighted average normal value of the produc t with a weighted average export price of the 
product; 
2) normal value of the product with export prices of the product on a transaction-to-transaction 
basis; 
3) weighted average normal value of the product with prices of individual export transactions 
provided that prices of the product differ significantly among different purchasers, regions or time 
periods. 
43. The comparison of export price and normal value shall be made at the same level of trade and 
in respect of sales made at as nearly as possible the same time. 
44. In comparing export price with normal value allowances shall be made for differences which 
affect price comparability, including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which are also demonstrated to affect price comparability. 
The investigating authority shall ensure that the allowances for the aforementioned differences do 
not duplicate each other and do not distort the resu lt of the comparison of export price and normal 
value. The investigating authority may request the interested parties to provide information 
necessary to ensure a fair comparison of export price of the product with its normal value. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  45. When there are no sales of the like product in  the ordinary course of trade in the domestic 
market of the exporting third country or when, be cause of the low volume of sales of the like 
product in the ordinary course of trade in the do mestic market of the exporting third country or 
because of the particular market situation in the exporting third country, such sales do not permit 
a proper comparison of export price of the produc t and the price of the like product sold in the 
market of exporting third country, export price of  the product shall be compared either with a 
comparable price of the like product imported fr om the exporting third country into another third 
country, (provided that the price of the like prod uct is representative), or with the cost of 
production in the country of origin plus a reasonable amount for administrative, selling and general costs and for profits. 
46. In cases where the product is imported into the customs territory of the Union from a third 
country which is not the country of origin, the export price for such product shall be compared with 
the comparable price of the like product in  the domestic market of the third country. 
The export price of the product may be compared wi th the comparable price of the like product in 
the country of origin if the product is merely transhipped through the third country from which it is 
exported to the customs territory of the Union, or it is not produced in this third country, or there is no comparable price for the like product in this third country. 
47. In the cases where the comparison of the expo rt price of the product with its normal value 
requires a conversion of currencies, such conversi on should be made using the official rate of 
exchange on the date of sale. 
In cases where a sale of foreign currency on forward markets is directly linked to the export sale 
involved, the rate of exchange in the forward sale shall be used. 
The investigating authority shall ignore fluctuations in exchange rates and in the course of an 
investigation shall allow exporters at least 60 calendar days to adjust their export prices to reflect 
sustained movements in exchange rates during the period of investigation. 
48. The investigating authority shall, as a rule, determine an individual margin of dumping for 
each known exporter and/or producer of the product who has provided the necessary information 
permitting the determination of an individual margin of dumping.  
49. In cases where the investigating authority concludes that it is impracticable to determine an 
individual margin of dumping for each known expo rter and/or producer of the product due to the 
total number of exporters, producers or importers of the product, variety of types of products 
involved, or any other reason, it may limit the determination of an individual margin of dumping to 
a reasonable number of interested parties or it may determine the margin of dumping in relation to samples of the product originating in each exporting third country which are statistically valid on 
the basis of information available to the investigating authority and which can be investigated 
without impeding the investigation. 
The selection of interested parties for the purposes of limiting the determination of individual 
margins of dumping shall preferably be made by the investigating authority in consultation with 
and with the consent of the respective exporters,  producers and importers of the product subject 
to investigation. 
In cases where the investigating authority has limited the determination in accordance with this 
paragraph, it shall also determine an individual margin of dumping for any foreign exporter or 
foreign producer not initially selected who submits the necessary information permitting the determination of an individual margin of dumping in time for that information to be considered, 
except where the number of foreign exporters and/or foreign producers is so large that individual 
examinations may prevent the timely conclusion of the investigation by the investigating authority. 
Voluntary responses of such foreign exporters and/or foreign producers shall not be discouraged 
by the investigating authority. 
50. In cases where the investigating authority has limited the determination of an individual 
margin of dumping, as provided for in paragr aph 49 of this Protocol, the margin of dumping G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  calculated for foreign exporters or foreign produc ers of the dumped product, not selected for the 
determination of an individual margin of dumpin g, who express their consent to be selected and 
submit the necessary information within the estab lished time period, shall not exceed the weighted 
average margin of dumping determined for those selected foreign exporters or foreign producers 
of the dumped product. 
51. If exporters or producers of the product su bject to investigation do not submit necessary 
information to the investigating authority in a required form and within the established time 
period, or if submitted information is not verifiable or is inaccurate, the investigating authority may 
determine the margin of dumping on the basis of the facts available. 
52. Along with the determination of an individu al margin of dumping for each known exporter 
and/or producer of the product who has submitted necessary information permitting the 
determination of an individual margin of dumping, the investigating authority may determine a 
single margin of dumping for all other exporters and/or producers of the product subject to investigation based on the highest margin of dumping determined during the course of the 
investigation. 
3. Determination of Normal Value 
53. The investigating authority shall determine normal value on the basis of prices for the like 
product sold in the ordinary course of trade in the domestic market of the exporting third country 
during the period of investigation, to buyers who are not related to the producers and exporters 
that are residents of this third country, for the us e on the customs territory of the exporting third 
country.  
For the purposes of determination of normal value, prices for the like product sold in the domestic 
market of the exporting third country, to buyers  who are related to the producers and exporters 
that are residents of this third country may be taken into account in cases where it is determined 
that the relationship does not affect the pricing policy of the foreign producer and/or exporter. 
54. Volume of sales of the like product in the ordinary course of trade in the domestic market of 
the exporting third country shall be considered as  sufficient for the determination of the normal 
value, if such volume constitutes not less than 5 percent of the total volume of exports of the 
product to the customs territory of the Union from the exporting third country. 
A lower volume of sales of the like product in the ordinary course of trade should be acceptable for 
the determination of the normal value if the evidence demonstrates that such a volume is 
sufficient to provide for a proper comparison of th e export price of the product with the price for 
the like product in the ordinary course of trade. 
55. For the purposes of the determination of the normal value of the product in accordance with 
paragraph 53 of this Protocol, the price for the product sold to buyers in the domestic market of 
the exporting third country shall be the weighted av erage price of the like product sold during the 
period of investigation or the price for the product in individual transactions within this period. 
56. Sales of the like product in the domestic mark et of the exporting third country or from the 
exporting third country to another third country at prices below per unit costs of production of the 
like product plus administrative, selling and gene ral costs may be disregarded in the determination 
of the normal value only in cases where the investigating authority establishes that within the 
period of investigation such sales are made in substantial quantities and at prices which do not 
provide for the recovery of all costs within this period. 
57. In cases where the price of the like product, which is below per unit costs of production plus 
administrative, selling and general costs at the time of sale, is above the weighted average per 
unit costs of production plus administrative, selling and general costs for the period of investigation, such price shall be considered to provide for recovery of all costs within the period of 
investigation. 
58. Sales of the like product at prices below per unit costs of production plus administrative, 
selling and general costs are considered as made in substantial quantities in cases where the G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  weighted average price of the transactions under consideration for the determination of the normal 
value is below the weighted average per unit costs of production of the like product plus administrative, selling and general costs, or the volume of sales at prices below such per unit costs represents not less than 20 percent of the volume sold in transactions under consideration for the 
determination of the normal value. 
59. Per unit costs of production of the like prod uct plus administrative, selling and general costs 
shall be calculated on the basis of records submi tted by the exporter or producer of the product, 
provided that such records are in accordance with the generally accepted accounting principles and 
rules of the exporting third country and completely reflect the costs associated with the production 
and sale of the product. 
60. The investigating authority shall consider all available evidence on the proper allocation of 
costs of production, administrative, selling and general costs, including that submitted by the 
exporter or producer of the product subject to inve stigation, provided that such allocation of costs 
has been normally utilized by the exporter or prod ucer, in particular in relation to establishing 
appropriate amortization and depreciation period s and allowances for capital expenditures and 
other development costs. 
61. Costs of production, administrative, selling  and general costs shall be adjusted for non-
recurring items of cost which benefit production, or for circumstances in which costs during the 
period of investigation are affected by start-up operations. Such adjustments shall reflect the costs at the end of the start-up period or, in cases where the start-up period exceeds the period of investigation, at the most recent stage of the start-up period which is covered by the investigation 
period. 
62. The amounts for administrative, selling and general costs and for profits, which are relevant to 
the industry, shall be determined on the basis of ac tual data pertaining to production and sales in 
the ordinary course of trade of the like product, which is provided by the exporter or producer of 
the product subject to investigation. When such amounts cannot be determined on this basis, the 
amounts may be determined on the basis of: 
1) the actual amounts incurred and realized by the exporter or producer of the product subject to 
investigation in respect of production and sales in the domestic market of the exporting third country of the same category of products; 
2) the weighted average of the actual amounts incurred and realized by other exporters or 
producers in respect of production and sales of the like product in the domestic market of the 
exporting third country; 
3) any other reasonable method, provided that the amount for profit so established shall not 
exceed the profit normally realized by other expo rters or producers on sales of products of the 
same category in the domestic market of the exporting third country. 
63. In case of dumped imports from an exporting third country in which the prices in the domestic 
market are directly regulated by the State or in which the State has a monopoly of its foreign 
trade, the normal value of the product may be determined on the basis of the price or constructed value of the like product in an appropriate third country which is comparable for the purposes of the investigation with the exporting third country, or  on the basis of the price of the like product 
when exported from such a third country. 
In cases where the determination of normal value in accordance with this paragraph is not 
possible, the normal value of the product may be determined on the basis of the price paid or 
payable for the like product on the customs territory of the Union, adjusted for profits. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  4. Determination of Export Price 
64. The export price of a product shall be determin ed on the basis of information on sales of the 
product during the period of investigation. 
65. In cases where there is no information on the export price of the dumped product or where the 
investigating authority has reasonable doubts concerning the reliability of the information on the 
export price of this product because the exporter  and the importer are related parties, including 
the relationship between each of them and the thir d party, or when there is a restrictive business 
practice in the form of a compensatory arrangem ent in relation to the export price for such a 
product, the export price may be constructed on the basis of the price at which the imported product is first resold to an independent buyer, or  if the product is not resold to an independent 
buyer, or not resold in the condition as imported into the customs territory of the Union, on such 
basis as the investigating authority may determine. For the purposes of comparison of the export 
price of the product with its normal value, allowances should be made for costs, including customs duties and taxes, incurred between importation and resale, and for profits. 
5. Determination of Injury to Domestic Industry of 
Member States Caused by Dumped Imports 
66. For the purposes of this section, injury to a domestic industry of the Member States shall mean 
material injury to a domestic industry of the Memb er States, threat of material injury or material 
retardation of the establishment of a domestic industry in the Member States. 
67. Injury to the domestic industry of the Member  States caused by the dumped imports shall be 
determined on the basis of the results of an exam ination of the volume of the dumped imports, the 
effect of such imports on prices in the domestic market of the Member States for the like product 
and the impact of such imports on domestic producers of the like product in the Member States. 
68. The period of investigation, for which th e evidence is examined for the purposes of 
determination of injury to the domestic industry of the Member States caused by dumped imports, 
shall be established by the investigating authority. 
69. With regard to the examination of the volume of the dumped imports, the investigating 
authority shall consider whether there has been a significant increase in dumped imports of the 
product subject to investigation, either in absolute terms or relative to production or consumption of the like product in the Member States. 
70. With regard to the examination of the effect  of the dumped imports on prices for the like 
product in the domestic market of the Member States, the investigating authority shall consider 
whether: 
1) there has been a significant price undercutting  by the dumped imports as compared with the 
price of the like product in the domestic market of the Member States; 
2) the dumped imports have depressed prices of  the like product in the market of the Member 
States to a significant degree; 
3) the dumped imports have prevented price increa ses for the like product in the market of the 
Member States, which would have occurred in the absence of such imports, to a significant degree. 
71. In cases where imports of a product from mo re than one exporting third country into the 
customs territory of the Union are simultaneously subject to anti-dumping investigations, the 
investigating authority may cumulatively assess the effects of such imports only if it determines 
the following: 
1) the margin of dumping established in relation to the imports from each exporting third country 
is more than de minimis , and the volume of imports from each exporting third country is not 
negligible  as defined in paragraph 223 of this Protocol; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  2) a cumulative assessment of the effects of the impo rts is appropriate in light of the conditions of 
competition between the imported products and the conditions of competition between the imported products and the like domestic product produced in the Member States. 
72. The examination of the impact of the dumped imports on the domestic industry of the Member 
States shall include an evaluation of all relevant economic factors having a bearing on the state of 
the domestic industry of the Member States, including: 
- the degree of recovery in the economic po sition of the domestic industry of the 
Member States after the impact of the past dumped or subsidized imports; 
- actual or potential decline in output, sales, market share in the market of the Member 
States, profits, productivity, return on investments, or utilization of capacity; 
- factors affecting prices in the market of the Member States; 
- the magnitude of the margin of dumping; 
- actual or potential negative effect on growth rate of production, inventories, 
employment, wages, ability to raise investments and the financial state. 
One or several factors cannot give decisive guidance for the purposes of determination of injury to 
the domestic industry of the Member States. 
73. The demonstration of a causal relationship between the dumped imports and the injury to the 
domestic industry of the Member States shall be based on an examination of all relevant evidence 
and information before the investigating authority. 
74. Along with dumped imports, the investigatin g authority shall also examine any other known 
factors which at the same time are causing injury to the domestic industry of the Member States. 
Factors which may be considered as relevant in this respect include, inter alia,  the volume and 
prices of imports not sold at dumping prices, contraction in demand or changes in the patterns of consumption, trade restrictive practices, developments in technology, as well as the export 
performance and productivity of the dome stic industry of the Member States. 
The injury caused by these other factors to the do mestic industry of the Member States must not 
be attributed to the injury to the domestic indu stry of the Member States caused by the dumped 
imports into the customs territory of the Union.  
75. The effect of the dumped imports on the dome stic industry of the Member States shall be 
assessed in relation to the domestic production of the like product in the Member States when available data permit the separate identification of  the production of the like product on the basis 
of such criteria as the production process, pr oducers' sales of the like product and profits. 
In cases where such available data does not permit the separate identification  of the production of 
the like product, the effects of the dumped imports on the domestic industry of the Member States 
shall be assessed in relation to the production of the narrowest group or range of products, which 
includes the like product, for which the necessary information is available.  
76. In making a determination of a threat of material injury to a domestic industry of the Member 
States caused by dumped imports, the investigating authority should consider all the available 
factors, including the following: 
1) the rate of increase of the dumped import s indicating the likelihood of further increased 
importation; 
2) sufficient freely disposable, or an imminent increase in, capacity of the exporter which indicates 
the likelihood of increased dumped imports of this product, taking into account the availability of other export markets to absorb any additional exports of this product; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  3) the level of prices for the product subject to investigation, if such level of prices may have a 
depressing or supressing effect on domestic prices for the like product in the Member States, and would likely further increase demand for the product subject to investigation; 
4) the exporter's inventories of the product subject to investigation. 
77. The determination of a threat of material inju ry to a domestic industry of the Member States 
shall be made in cases where during the course of the investigation, pursuant to an examination of the factors set out in paragraph 76 of this Protocol, the investigating authority concluded that 
further dumped imports are imminent and that, unle ss an anti-dumping measure is taken, material 
injury to the domestic industry of the Member States caused by such imports would occur. 
6. Imposition of Provisional Anti-Dumping Duty 
78. In cases where the evidence received by the investigating authority before the conclusion of 
the investigation indicates that there are dumped imports and injury caused by dumped imports to 
a domestic industry of the Member States, the Comm ission, on the basis of the report specified in 
paragraph 7 of this Protocol, shall take a decision to apply an anti-dumping measure by way of 
imposing a provisional anti-dumping duty to prev ent injury from being caused to the domestic 
industry of the Member States by the du mped imports during the investigation. 
79. A provisional anti-dumping duty shall not be imposed sooner than 60 calendar days from the 
date of the initiation of the investigation. 
80. The amount of a provisional anti-dumping duty shall be sufficient to remove injury to the 
domestic industry of the Member States, being not greater than the provisionally estimated margin of dumping. 
81. In cases where the amount of a provisional an ti-dumping duty is equal to the amount of the 
provisionally estimated margin of dumping, the period of application of the provisional anti-dumping duty shall not exceed 4 months, except fo r the case where this period is extended to 6 
months upon the request of exporters representing a major percentage of the dumped imports 
subject to investigation. 
82. In cases where the amount of a provisional anti-dumping duty is less than the provisionally 
estimated margin of dumping, the period of applic ation of the provisional anti-dumping duty shall 
not exceed 6 months, expect for the case when this period is extended to 9 months upon the request of the exporters representing a major pe rcentage of the dumped imports of the product 
subject to investigation. 
83. In cases where the investigating authority determines, pursuant to an investigation, that there 
are no grounds for the imposition of an anti-dumping measure, or a decision not to apply an anti-dumping measure is taken in accordance with para graph 272 of this Protocol, the amount of the 
provisional anti-dumping duty shall be refunded to the payer in accordance with the procedure 
specified in the Annex to this Protocol. 
The investigating authority shall provide timely information to the customs authorities of the 
Member States on the absence of grounds for the imposition of an anti-dumping measure, or on 
the decision not to apply an anti-dumping measure taken by the Commission.  
84. In cases where, pursuant to an investigation, the decision to apply an anti-dumping measure is 
taken on the basis of a threat of material injury to a domestic industry of the Member States or 
material retardation of the establishment of a domestic industry of the Member States, the 
amounts of the provisional anti-dumping duty shall be refunded to the payer in accordance with the procedure specified in the Annex to this Protocol. 
85. In cases where, pursuant to an investigation, the decision to apply an anti-dumping measure is 
taken on the basis of material injury to a domestic industry of the Member States or a threat thereof (provided that the non-imposition of a pr ovisional anti-dumping duty would have led to a 
determination of material injury to the domestic in dustry of the Member States), from the date of 
entry into force of the decision to apply the anti -dumping measure, the amounts of the provisional G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  anti-dumping duty shall be transferred and distri buted in accordance with the procedure specified 
in the Annex to this Protocol, taking into account the provisions of paragraphs 86 and 87 of this Protocol. 
86. In cases where, pursuant to an investigation, it is considered appropriate to impose an anti-
dumping duty at a rate less than the provisional anti-dumping duty, the amounts of the provisional 
anti-dumping duty equal to the amount of the an ti-dumping duty calculated on the basis of the 
established anti-dumping duty rate shall be transferred and distributed in accordance with the 
procedure specified in the Annex to this Protocol. 
The amounts of the provisional anti-dumping duty which exceed the amount of the anti-dumping 
duty calculated on the basis of the established an ti-dumping duty rate shall be refunded to the 
payer in accordance with the procedure specified in the Annex to this Protocol. 
87. In cases where, pursuant to an investigation, it is considered reasonable to impose an anti-
dumping duty at a rate higher than the provisio nal anti-dumping duty, the difference between the 
anti-dumping duty and the provisional an ti-dumping duty shall not be collected. 
88. A provisional anti-dumping duty shall be app lied subject to the simultaneous continuation of 
the investigation. 
89. The decision to impose of a provisional anti-dumping duty, as a rule, shall be taken not later 
than 7 months from the date of the initiation of the investigation. 
7. Acceptance of Price Un dertakings from Exporter 
of Product Subject to Investigation 
90. The investigating authority may suspend or terminate the investigation without the imposition 
of a provisional anti-dumping duty or an anti-d umping duty upon receipt of price undertakings 
from an exporter of the product subject to investigation to revise its prices for this product or to cease exports to the customs territory of the Union at prices less than its normal value (if there 
are parties related to the exporter in the Member States, applications indicating their support of 
the undertakings shall also be required from these parties), if the investigating authority concludes that these undertakings will remove the injury  caused by dumped imports, and the Commission 
takes a decision to accept them. 
The level of prices for the product subject to such undertakings shall not be higher than necessary 
to offset the margin of dumping. 
The price increase may be less than the margin of dumping, if such price increase is adequate to 
remove the injury to the domestic industry of the Member States. 
91. The decision to accept price undertakings shall not be taken by the Commission until the 
investigating authority has made a preliminary affirmative determination of dumped imports and 
injury caused by such imports to a domestic industry of the Member States. 
92. The decision to accept price undertakings shall not be taken by the Commission if the 
investigating authority concludes that their acceptance is impractical because the number of actual 
or potential exporters of the product subject to investigation is too great, or for other reasons. 
Where practicable, the investigating authority sh all provide to the exporters the reasons why the 
acceptance of their undertakings was considered as  impractical, and shall give the exporters an 
opportunity to make comments thereon. 
93. The investigating authority shall send to each exporter from whom price undertakings have 
been accepted a request for a non-confidential vers ion thereof so that it may be made available to 
interested parties. 
94. Price undertakings may be suggested to the ex porter by the investigating authority, but no 
exporter shall be forced to enter into such undertakings.  G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  95. In cases where the Commission takes a decision to accept price undertakings, the 
anti-dumping investigation may be continued upon request of the exporter of the product or if the investigating authority so decides. 
In cases where, pursuant to an investigation, the investigating authority makes a negative 
determination of dumped imports or injury caused by such imports to a domestic industry of the 
Member States, the price undertakings from the expo rter shall automatically lapse, except in cases 
where such a determination is due in large part to the existence of such undertakings. In cases 
where such a determination is due in large part to the existence of price undertakings, the 
Commission may take a decision that such underta kings be maintained for a necessary period of 
time. 
96. In cases where, pursuant to an investigation, the investigating authority makes an affirmative 
determination of dumped imports and injury caused by such imports to a domestic industry of the 
Member States, the price undertakings from the exporter shall remain in force, consistent with their terms and the provisions of this Protocol. 
97. The investigating authority may require the exporter from whom price undertakings have been 
accepted by the Commission to provide information relevant to the fulfilment of the price undertakings and to permit verification of this information. 
Failure to provide requested information within the time period established by the investigating 
authority and to permit verification of this information shall be construed as a violation of the price undertakings by the exporter. 
98. In case of violation or withdrawal of price undertakings by the exporter, the Commission may 
take a decision to apply an anti-dumping measure by way of imposing a provisional anti-dumping 
duty (if the investigation has not been concluded yet), or an anti-dumping duty (if the final results of the investigation indicate that there are grounds for such imposition). 
In case of violation of price undertakings by an exporter from which such undertakings were 
accepted, the exporter shall be given an opportunity to make comments on such a violation. 
99. The decision to accept price undertakings taken by the Commission shall set out a provisional 
anti-dumping duty rate or an anti-dumping duty rate which may be imposed in accordance with 
paragraph 98 of this Protocol. 
8. Imposition and Application of Anti-Dumping Duty 
100. An anti-dumping duty shall be applied to a product from all exporters found to be dumped 
and causing injury to a domestic industry of the Member States (except for a product from those 
exporters from which price undertakings have been accepted by the Commission in accordance with paragraphs 90-99 of this Protocol). 
101. The amount of an anti-dumping duty shall be adequate to remove the injury to the domestic 
industry of the Member States but shall not exceed the margin of dumping. 
The Commission may take a decision to impose an anti-dumping duty which is less than the 
margin of dumping if such duty is adequate to remove the injury to the domestic industry of the 
Member States. 
102. The Commission shall establish an individual an ti-dumping duty rate in respect of the product 
from each exporter or producer of the imported dumped product for whom the individual margin of 
dumping has been determined. 
103. Along with an individual margin of dumping indicated in paragraph 102 of this Protocol, the 
Commission shall determine a single anti-dumping duty rate on the product from all other 
exporters or producers of the product from the exporting third country for whom the individual 
margin of dumping has not been determined, on  the basis of the highest margin of dumping 
established in the course of the investigation. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  104. An anti-dumping duty may be applied to products which were placed, not more than 90 days 
prior to the date of imposition of a provisional anti-dumping duty, under a customs procedure that 
is conditional on the payment of anti-dumping duties if the investigating authority, pursuant to an investigation, has simultaneously determined for this product the following: 
1) there is a history of dumped imports which caused injury or that the importer was, or should 
have been, aware that the exporter supplies a pr oduct at a price less than its normal value and 
that such imports would cause injury to a domestic industry of the Member States; 
2) the injury to a domestic industry of the Member States is caused by massive dumped imports in 
a relatively short time which, in light of the timing and the volume and other circumstances (including a rapid build-up of inventories of the imported product), is likely to seriously undermine the remedial effect of the anti-dumping duty to be imposed, provided that the importers of this 
product have been given an opportunity to comment  before the conclusion of the investigation. 
105. After the date of the initiation of the invest igation, the investigating authority shall publish a 
notice on possible application in accordance with paragraph 104 of this Protocol of an anti-dumping 
duty to the product subject to investigation in the official sources specified in the Treaty.  
The decision to publish such a notice shall be taken by the investigating authority upon request of 
a domestic industry of the Member States which contains sufficient evidence that the conditions 
specified in paragraph 104 of this Protocol are fulfilled, or at the initiative of the investigating 
authority in cases where such evidence is available to the investigating authority. 
Anti-dumping duty shall not be applied to products which were placed under a customs procedure 
that is conditional on the payment of anti-dumping duties before the official publication of a notice 
specified in this paragraph. 
106. The national legislations of the Member States may establish additional means of notification 
to interested parties of possible application of an anti-dumping duty in accordance with 
paragraph 104 of this Protocol. 
9. Duration and Review of Anti-Dumping Measure 
107. An anti-dumping measure shall be applied pursuant to a decision of the Commission to the 
extent and as long as necessary to remove injury to a domestic industry of the Member States 
caused by dumped imports. 
108. The duration of an anti-dumping measure sh all not exceed 5 years from the date of the 
application of such measure or from the date of the conclusion of a review that was carried out on 
the basis of a change in circumstances and conc erned both the examination of dumped imports 
and the injury to a domestic industry of the Me mber States caused by the dumped imports, or 
from the date of the conclusion of an expiry review.  
109. An expiry review shall be initiated upon a written application filed in accordance with 
paragraphs 186-198 of this Protocol, or at th e initiative of the investigating authority. 
An expiry review shall be initiated when the app lication contains evidence that the dumped imports 
and the injury to the domestic industry of the Memb er States would be likely to recur or continue if 
the anti-dumping measure were removed. 
The application for an expiry review shall be file d not later than 6 months prior the expiry of the 
anti-dumping measure. 
A review shall be initiated prior to the expiry of an anti-dumping measure and concluded within 
12 months from the date of the initiation of the review. 
Prior to the conclusion of a review carried out in accordance with this paragraph, the period of 
application of the anti-dumping measure shall be extended pursuant to a decision of the 
Commission. During the period for which the applic ation of the respective anti-dumping measure is 
extended, in accordance with the procedure established for the collection of provisional G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  anti-dumping duties, anti-dumping duties shall be levied at the rate established for the 
anti-dumping measure, whose duration is subject to extension. 
In cases where, pursuant to an expiry review, the investigating authority establishes that there are 
no grounds for the application of an anti-dumping measure, or the decision not to apply an 
anti-dumping measure is taken in accordance with paragraph 272 of this Protocol, the amounts of 
the anti-dumping duty levied in accordance with the procedure established for the collection of provisional anti-dumping duties, during the period  for which the application of the anti-dumping 
measure is extended, shall be refunded to the payer in accordance with the procedure specified in 
the Annex to this Protocol. 
The investigating authority shall provide timely information to the customs authorities of the 
Member States on the absence of grounds for the application of an anti-dumping measure, or on 
the decision not to apply an anti-dumping measure taken by the Commission.  
Duration of an anti-dumping measure is to be extended by the Commission in cases where, 
pursuant to an expiry review, the investigating authority establishes the likelihood of recurrence or 
continuation of dumped imports and injury to th e domestic industry of the Member States. From 
the date of entry into force of a decision of the Commission to extend the period of application of 
an anti-dumping measure, the amounts of anti-d umping duties levied in accordance with the 
procedure established for the collection of provis ional anti-dumping duties, during the period for 
which the application of the anti-dumping measure is extended, shall be transferred and distributed in accordance with the procedure specified in the Annex to this Protocol. 
110. For the purposes of determination whether the continued application of an anti-dumping 
measure is appropriate and/or for the purpos es of reviewing the measure due to changed 
circumstances (including a review of an indivi dual anti-dumping duty rate) a review may be 
initiated upon an application by an interested party or at the initiative of the investigating 
authority, provided that at least 1 year has el apsed since the imposition of an anti-dumping 
measure.  
Depending on the purposes of filing an application for a review such an application shall include 
evidence that due to changed circumstances: 
- continued application of the anti-dumping measure is no longer necessary to offset 
dumping and remove injury to the domestic industry of the Member States caused by 
the dumped imports; 
- existing amount of an anti-dumping measure exceeds the amount sufficient to offset 
dumping and remove injury to the domestic industry of the Member States caused by 
the dumped imports; 
- existing anti-dumping measure is insufficient to offset dumping and remove injury to 
the domestic industry of the Member States caused by the dumped imports. 
A review carried out in accordance with this paragraph shall be concluded within 12 months from 
the date of the initiation of the review.  
111. A review may also be carried out for the purposes of determining an individual margin of 
dumping for an exporter or producer who did not export the product subject to investigation during the original period of investigation. Such a review may be initiated by the investigating 
authority in cases where such exporter or producer files an application which includes evidence 
that the exporter or producer of the product is no t related to the exporters or producers subject to 
the anti-dumping measure, and that this export er or producer exports the product subject to 
investigation to the customs territory of the Union or is bound by contractual obligations to export 
substantial volumes of this product to the customs territory of the Union of such kind that their 
termination or withdrawal will lead to significant losses or substantial penalties for this exporter or 
producer of the product. 
While a review is being carried out for the purposes of determining an individual margin of 
dumping for an exporter or producer of the pr oduct subject to investigation to the customs G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  territory of the Union, this exporter or producer shall not pay the anti-dumping duty until, 
pursuant to the review, a decision is taken. A secu rity for the anti-dumping duty shall be provided 
for imports of such product into the customs territory of the Union during the review in accordance with the procedures specified in the Customs Code of the Eurasian Economic Union, taking into 
account the particularities set out in this paragraph.  
The investigating authority shall provide timely information to the customs authorities of the 
Member States about the date of the initiation of a review. 
The security shall take the form of liquid funds (money) in the amount of the anti-dumping duty 
calculated on the basis of a single anti-dumping duty rate established in accordance with paragraph 103 of this Protocol. 
In cases where, pursuant to a review, a decision to apply an anti-dumping measure is taken, an 
anti-dumping duty shall be paid for the period within which such review was carried out. The 
amount of the security, from the date on which, pursuant to the review, the decision to apply an anti-dumping measure enters into force, shall form  part of the payment of the anti-dumping duty 
in the amount determined on the basis of the es tablished anti-dumping duty rate, and shall be 
transferred and distributed in accordance with the procedure specified in the Annex to this 
Protocol, taking into account the provisions of this paragraph. 
In cases where, pursuant to a review, it is considered appropriate to impose an anti-dumping duty 
at a rate higher than the amount estimated for the purposes of the security, the difference shall not be collected. 
The amount of a security that is higher than th e amount of the anti-dumping duty calculated on 
the basis of the established anti-dumping duty rate  shall be refunded to the payer in accordance 
with the procedure specified in the Customs Code of the Eurasian Economic Union. 
A review under this paragraph shall be carried out expeditiously within a period of 12 months. 
112. The provisions of section VI of this Protoc ol concerning evidence and the conduct of an 
anti-dumping investigation shall apply mutatis mutandis  to reviews specified in 
paragraphs 107-113 of this Protocol. 
113. The provisions of paragraphs 107-112 of this Protocol shall apply mutatis mutandis  to price 
undertakings from an exporter in accordan ce with paragraphs 90-99 of this Protocol . 
10. Circumvention of an Anti-Dumping Measure 
114. For the purposes of this section, circum vention of an anti-dumping measure shall be 
understood as a change in the mode of supply in order to evade the payment of an anti-dumping 
duty or the fulfilment of price undertakings accepted from the exporter. 
115. An anti-circumvention review may be initiated upon an application by an interested party or 
at the initiative of the investigating authority. 
116. The application indicated in paragraph 115 of this Protocol shall include the evidence of: 1) circumvention of an anti-dumping measure; 
2) the undermining of the remedial effect of  the anti-dumping measure, as a result of 
circumvention, and its impact on the volume of production and/or sales, and/or on prices for the like product in the domestic market of the Member States; 
3) the existence of dumped imports of the produc t (parts and/or modifications of such product). 
The normal value of the product, parts or modi fications thereof shall be their normal value 
determined in the course of the investigation pursuant to which the Commission imposed the original anti-dumping measure, appropriately adjusted for the purposes of comparison. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  117. An anti-circumvention review shall be concluded within 9 months from the date of the 
initiation of the review. 
118. For the period of the review carried out in accordance with paragraphs 115-120 of this 
Protocol, the Commission may impose an anti-dumping duty, which shall be levied in accordance 
with the procedure established for the collection of provisional anti-dumping duties, on parts 
and/or modifications of the dumped product imported into the customs territory of the Union from the exporting third country, and on the dumped prod uct, and/or parts and/or modifications thereof 
imported into the customs territory of the Union from any other exporting third country. 
119. In cases where, pursuant to a review carried out in accordance with paragraphs 115-120 of 
this Protocol, the investigating authority has not determined circumvention of an anti-dumping measure, the amounts of the anti-dumping duty pa id pursuant to paragraph 118 of this Protocol 
and in accordance with the procedure established for the collection of provisional anti-dumping 
duties, shall be refunded to the payer in accordance with the procedure specified in the Annex to this Protocol. 
The investigating authority shall provide timely information to the customs authorities of the 
Member States if circumvention is not found.  
120. In cases where, pursuant to a review carried out in accordance with paragraphs 115-120 of 
this Protocol, circumvention of an anti-dumping measure has been determined, the Commission 
may extend the anti-dumping measure to parts and/or modifications of the dumped product imported into the customs territory of the Unio n from the exporting third country, and to the 
dumped product, and/or parts and/or modifications thereof, imported into the customs territory of 
the Union from any other exporting third country. From  the date of entry into force of the decision 
of the Commission to impose an anti-dumping measure indicated in this paragraph, the amounts of anti-dumping duties paid in accordance with the procedure established for the collection of 
provisional anti-dumping duties, shall be transf erred and distributed in accordance with the 
procedure specified in the Annex to this Protocol. 
V. Countervailing Measures 
121. For the purposes of this Protocol, a subsidy shall mean: 
1) a financial contribution by a granting authority conferring a benefit on the recipient of a 
subsidy, rendered within the territory of an exporting third country, including in the form of: 
- a direct transfer of funds (including grants, loans, and equity infusion) or potential 
direct transfers of funds or liabilities (including loan guarantees); 
- government revenue of a third exporting country that is otherwise due is foregone or 
not collected (including the provision of tax credits), excluding the exemption of an 
exported product from taxes and duties levied on the like product destined for 
domestic consumption, or excluding reduction or refund of such taxes or duties in the amounts not exceeding the amounts actually paid; 
- provision of concessionary or free goods or services, excluding goods and services 
intended to maintain and develop general infrastructure, i.e. the infrastructure that is not related to a specific producer and/or exporter; 
- preferential purchase of goods. 
2) any form of income or price support conferring a benefit on the recipient of a subsidy which 
operates directly or indirectly to increase exports of a product from an exporting third country or to reduce imports of the like product into this third country. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  1. Principles of Determining Specificity of 
Subsidy of Exporting Third Country 
122. A subsidy of an exporting third country shall be specific if access to a subsidy is limited to 
certain enterprises by the granting authority or by the legislation of an  exporting third country. 
123. For the purposes of this section, certain enterprises shall mean a producer and/or an 
exporter, or an industry of an exporting third country, or a group (union, association) of producers 
and/or exporters or industries of an exporting third country. 
124. A subsidy which is limited to certain enterprises located within a designated geographical 
region within the jurisdiction of the granting authority shall be specific. 
125. A subsidy shall not be specific if the legislat ion of an exporting third country or the granting 
authority establishes general objective criteria or conditions which govern the eligibility for, and 
the amount of, a subsidy (including number of employees engaged in the production process or 
the volume of output) and are strictly adhered to. 
126. In any case, a subsidy of an exporting third count ry shall be specific if the granting of such a 
subsidy is accompanied by: 
1) the use of a subsidy by a limited number of certain enterprises; 2) the predominant use of a subsidy by certain enterprises; 
3) the granting of disproportionately large amounts of subsidy to certain enterprises; 
4) the preferential manner in which discretion is ex ercised by the granting authority in the decision 
to grant a subsidy to certain enterprises. 
127. Any subsidy of an exporting third country shall be a specific subsidy if: 
1) a subsidy is contingent, in the law of an exporting third country or in fact, whether solely or as 
one of several other conditions, upon export pe rformance. A subsidy shall be deemed to be 
contingent in fact upon export performance if the granting of a subsidy, without having been made 
contingent upon export performance in the law of an exporting third country, is in fact tied to 
actual or potential exportation of a product or export earnings. The mere fact that a subsidy is granted to enterprises which export shall not for that reason alone mean a subsidy contingent 
upon export performance within the meaning of this paragraph; 
2) a subsidy is contingent, in the law of an exporting third country or in fact, whether solely or as 
one of several other conditions, upon the use of domestic over imported goods. 
128. A determination of specificity of a subsid y of an exporting third country made by the 
investigating authority shall be based on evidence.  
2. Principles of Calculation of  Amount of Specific Subsidy 
129. The amount of a specific subsidy shall be calculated on the basis of the benefit to the 
recipient of such subsidy. 
130. The amount of the benefit to the recipient of a specific subsidy shall be calculated based on 
the following principles: 
1) equity capital by the granting authority shall not be considered as conferring a benefit, unless 
such equity capital can be regarded as inconsistent with the usual investment practice (including for the provision of risk capital) in the territory of the exporting third country; 
2) a loan by a granting authority shall not be considered as conferring a benefit if there is no 
difference between the amount that the firm receiv ing the loan pays on the government loan and G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  the amount the firm would pay on a comparable commercial loan which the firm could actually 
obtain on the loan market of the exporting third country. Otherwise, the benefit shall be the difference between these two amounts; 
3) a loan guarantee by a granting authority shall not be considered as conferring a benefit if there 
is no difference between the amount that the firm receiving the guarantee pays on a loan 
guaranteed by the granting authority and the amount that the firm would pay on a comparable commercial loan absent the government guarantee.  Otherwise, the benefit shall be the difference 
between these two amounts adjusted for any differences in fees; 
4) the provision of goods or services or purchase  of goods by a granting authority shall not be 
considered as conferring a benefit, unless the provision of goods or services is made for less than adequate remuneration, or the purchases is ma de for more than adequate remuneration. The 
adequacy of remuneration shall be determined in relation to existing market conditions for 
purchase and sale of these goods and services in the exporting third country, including price, 
quality, availability, marketability, transportation and other conditions of purchase or sale of the 
good. 
3. Determination of Injury to Domestic Industry 
of Member States by Subsidized Imports 
131. For the purposes of this section, the term "injury to a domestic industry of the Member 
States" shall mean material injury to a domestic industry of the Member States, threat of material injury or material retardation of the establishment of a domestic industry in the Member States.  
132. Injury to a domestic industry of the Member States caused by subsidized imports shall be 
determined on the basis of an examination of the volume of the subsidized imports, the effect of 
such imports on prices in the domestic market of  the Member States for the like product and the 
impact of such imports on domestic producers of the like product in the Member States. 
133. The period of investigation, for which th e evidence is examined for the purposes of 
determination of injury to the domestic industry of the Member States caused by subsidized imports, shall be established by the investigating authority. 
134. With regard to the examination of the volume  of the subsidized imports, the investigating 
authority shall consider whether there has been a significant increase in subsidized imports of the product subject to investigation, either in absolute terms or relative to production or consumption of the like product in the Member States. 
135. In cases where subsidized imports of a prod uct from more than one exporting third country 
into the customs territory of the Union are simultaneously subject to investigations, the investigating authority may cumulatively assess the effects of such imports only if it determines 
the following: 
1) the amount of subsidization established in relation to the imports from each exporting third 
country for that product is more than 1 percent of its value, and the volume of imports from each 
exporting third country is not negligible in accordance with paragraph 228 of this Protocol; 
2) a cumulative assessment of the effects of the su bsidized imports is appropriate in light of the 
conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product produced in the Member States. 
136. With regard to the examination of the effect of the subsidized imports on prices for the like 
product in the domestic market of the Member States, the investigating authority shall consider whether: 
1) there has been a significant price undercutting by the subsidized imports as compared with the 
price of the like product in the domestic market of the Member States; 
2) the subsidized imports have depressed prices of  the like product in the domestic market of the 
Member States to a significant degree; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  3) the subsidized imports have prevented price increases of the like product in the domestic 
market of the Member States, which would have occurred in the absence of such imports, to a significant degree. 
137. The examination of the impact of the subsid ized imports on the domestic industry of the 
Member States shall include an evaluation of all relevant economic factors having a bearing on the 
state of the industry of the Member States, including: 
1) actual or potential decline in output, sales, market share, profits, productivity, return on 
investments, or utilization of capacity; 
2) factors, affecting domestic prices; 3) actual or potential negative effects on cash flow, inventories, employment, wages, growth, 
ability to raise investments. 
138. The effect of the subsidized imports on the do mestic industry of the Member States shall be 
assessed in relation to the domestic production of the like product in the Member States when available data permit the separate identification of  the production of the like product on the basis 
of such criteria as the production process, pr oducers' sales of the like product and profits. 
If such available data does not permit the separa te identification of the production of the like 
product, the effects of the subsidized imports on the domestic industry of the Member States shall 
be assessed in relation to the production of the narrowest group or range of products, which 
includes the like product, for which the necessary information is available. 
139. In making a determination of a threat of material injury to a domestic industry of the Member 
States caused by subsidized imports, the investigating authority should consider any available 
factors, including the following: 
1) nature, the amount of the subsidy or subsidies and the trade effects likely to arise therefrom; 
2) the rate of increase of subsidized imports into the domestic market indicating the likelihood of 
substantially increased importation; 
3) sufficient freely disposable, or an imminent increase in, capacity of the exporter indicating the 
likelihood of increased subsidized imports, taking into account the availability of other export 
markets to absorb any additional exports; 
4) prices for the product subject of subsidized imports, whether such prices will have depressing or 
suppressing effect on the prices of the like prod uct at the domestic market of the Member States, 
and would likely increase demand for further subsidized imports; 
5) the exporter's inventories of the imported subsidized product. 
140. The determination of a threat of material inju ry to a domestic industry of the Member States 
shall be made in cases where during the course of the investigation, pursuant to an examination of 
the factors set out in paragraph 139 of this Protocol, the investigating authority concluded that 
further subsidized imports are imminent and that, unless countervailing measures are taken, material injury to the domestic industry of the Member States caused by such imports would 
occur. 
141. The demonstration of a causal relationship be tween the subsidized imports and the injury to 
the domestic industry of the Member States shal l be based on an examination of all relevant 
evidence and information before the investigating authority. 
142. The investigating authority shall also examine any known factors other than the subsidized 
imports which at the same time are injuring the domestic industry. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  The injury caused by these other factors to the do mestic industry of the Member States must not 
be attributed to the injury to the domestic indust ry of the Member States caused by the subsidized 
imports into the customs territory of the Union. 
4. Imposition of Provisional Countervailing Duty  
143. In cases where the evidence received by the investigating authority before the conclusion of 
the investigation indicates that there are subsidized imports and that there is injury to a domestic industry of the Member States caused by such im ports, the Commission, on the basis of the report 
specified in paragraph 7 of this Protocol, shall take a decision to apply a countervailing measure by 
way of imposing a provisional countervailing duty for a period not exceeding 4 months to prevent injury from being caused to the domestic industry  of the Member States by the subsidized imports 
during the investigation.  
144. A provisional countervailing duty shall not be imposed sooner than 60 calendar days from the 
date of the initiation of the investigation. 
145. The amount of a provisional countervailing duty  shall be equal to the provisionally calculated 
amount of subsidization per unit of the subsidized and exported product.  
146. In cases where the investigating authority determines that there are no grounds for the 
imposition of a countervailing measure, or a decision not to apply a countervailing measure is 
taken in accordance with paragraph 272 of this Protocol, the amounts of the provisional 
countervailing duty shall be refunded to the payer in accordance with the procedure specified in the Annex to this Protocol.  
The investigating authority shall provide timely information to the customs authorities of the 
Member States on the absence of grounds for the imposition of a countervailing measure or on the 
decision not to apply a countervailing measure taken by the Commission. 
147. In cases where, pursuant to an investigation, the decision to apply a countervailing measure 
is taken on the basis of a threat of injury or material retardation of the establishment of a 
domestic industry of the Member States, the amounts of the provisional countervailing duty shall be refunded to the payer in accordance with the Annex to this Protocol. 
148. In cases where, pursuant to an investigation, the decision to apply a countervailing measure 
is taken on the basis of material injury to a domestic industry of the Member States or a threat thereof (provided that the non-imposition of a provisional countervailing duty would have led to a determination of material injury to the domestic industry of the Member States) from the date of 
entry into force of the decision to apply the countervailing measure, the amounts of the provisional 
countervailing duty shall be transferred and distri buted in accordance with the procedure specified 
in the Annex to this Protocol, taking into account  the provisions of paragraphs 149 and 150 of this 
Protocol. 
149. In cases where, pursuant to an investigation, it is considered appropriate to impose a 
countervailing duty at a rate less than the provisional countervailing duty, the amounts of the 
provisional countervailing duty equal to the amount of the countervailing duty calculated on the 
basis of the established countervailing duty rate sh all be transferred and distributed in accordance 
with the procedure specified in the Annex to this Protocol.  
The amounts of the provisional countervailing duty  which exceed the amount of the countervailing 
duty calculated on the basis of the established co untervailing duty rate shall be refunded to the 
payer in accordance with the Annex to this Protocol.  
150. In cases where, pursuant to an investigation, it is considered reasonable to impose a 
countervailing duty at a rate higher than the provisional countervailing duty, the difference 
between the countervailing duty and the provisional countervailing duty shall not be collected. 
151. A provisional countervailing duty shall be appl ied subject to the simultaneous continuation of 
the investigation. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  152. A provisional countervailing duty shall be applied in accordance with paragraphs 164-168 of 
this Protocol. 
153. The decision to impose a provisional countervailing duty, as a rule, shall be taken not later 
than 7 months from the date of the initiation of the investigation.  
5. Acceptance of Voluntary Unde rtakings from Subsidizing Third 
Country or Exporter of Prod uct Subject to Investigation 
154. The investigation may be suspended or terminated without the imposition of a countervailing 
duty if the Commission takes a decision to accept one of the following voluntary undertakings 
(in writing) received by the investigating authority: 
- the exporting third country agrees to eliminate or limit the subsidy or take other 
measures concerning its effects; 
- the exporter of the product subject to invest igation agrees to revise its prices for such 
product (if there are parties related to the exporter in the Member States, then to ensure support of these parties of the underta king of the exporter to revise prices) so 
that, as a result of an examination of the price undertakings from the exporter, the 
investigating authority concludes that such voluntary undertakings will eliminate the injury to the domestic industry of the Member States. 
The increase of the price for the product subject to  investigation under such undertakings shall not 
be higher than the amount of a specific subsidy in the exporting third country calculated per unit of the subsidized and exported product. 
The increase of the price for the product subject to  investigation may be less than the amount of a 
specific subsidy of the exporting third country calculated per unit of the subsidized and exported 
product if such increase is adequate to remove the injury to the domestic industry of the Member States.  
155. The decision to accept voluntary undertakings shall not be taken by the Commission until the 
investigating authority has made a preliminary affirmative determination of subsidized imports and injury caused by such imports to a domestic industry of the Member States. 
The decision to accept voluntary undertakings from the exporter of the product subject to 
investigation shall not be taken by the Commission unless it has obtained the consent of the authorized body of the exporting third country for the acceptance of undertakings from the 
exporters specified in subparagraph three of paragraph 154 of this Protocol.  
156. The decision to accept voluntary undertakings shall not be taken by the Commission if the 
investigating authority concludes that their acceptance is impractical because the number of actual or potential exporters of the product subject to investigation is too great, or for other reasons. 
Where practicable, the investigating authority sh all provide to the exporters the reasons why the 
acceptance of their undertakings was considered as  impractical, and shall give the exporters an 
opportunity to make comments thereon. 
157. The investigating authority shall send to each exporter and to the authorized body of the 
third exporting country from whom voluntary unde rtakings have been accepted a request for a 
non-confidential version thereof so that it may be made available to interested parties. 
158. Voluntary undertakings may be suggested to the exporting third country or the exporter of 
the product subject to investigation by the invest igating authority, but no exporting third country 
or exporter shall be forced to enter into such undertakings. 
159. In cases where the Commission takes a decision to accept voluntary undertakings, the 
countervailing duty investigation may be continued upon request of the exporting third country or 
if the investigating authority so decides. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  In cases where, pursuant to an investigation, the investigating authority makes a negative 
determination of subsidized imports or injury caused by such imports to a domestic industry of the Member States, the voluntary undertakings from the exporting third country or exporters shall automatically lapse, except in cases where such  a determination is due in large part to the 
existence of such undertakings. In cases where su ch a determination is due in large part to the 
existence of voluntary undertakings, the Commission may take a decision that such undertakings be maintained for a necessary period of time. 
160. In cases where, pursuant to an investigation, the investigating authority makes an affirmative 
determination of subsidized imports and injury caused by such imports to a domestic industry of the Member States, the voluntary undertakings shall remain in force, consistent with their terms and the provisions of this Protocol. 
161. The investigating authority may require the exporting third country or the exporter from 
whom voluntary undertakings have been accepted by the Commission to provide information relevant to the fulfilment of the voluntary undertakings and to permit verification of this 
information.  
Failure to provide requested information within the period established by the investigating 
authority and to permit verification of this information shall be deemed as a violation of the 
voluntary undertakings by the exporting third country or the exporter. 
162. In case of violation or withdrawal of volunt ary undertakings by the exporting third country or 
the exporter, the Commission may take a decision to apply a countervailing measure by way of imposing a provisional countervailing duty (if the investigation has not been concluded yet), or a 
countervailing duty (if the final results of the inve stigation indicate that there are grounds for such 
imposition). 
In case of violation of voluntary undertakings by the exporting third country or the exporter, the 
exporting third country or the exporter shall be given the opportunity to make comments on such 
a violation. 
163. The decision to accept voluntary undertaki ngs taken by the Commission shall set out a 
provisional countervailing duty rate or a countervailing duty rate which may be imposed in 
accordance with paragraph 162 of this Protocol.  
6. Imposition and Application of Countervailing Duty 
164. The decision to impose a countervailing duty shall not be taken by the Commission if the 
specific subsidy of the exporting third country has been withdrawn. 
165. The decision to impose a countervailing duty shall be taken after the exporting third country 
granting the specific subsidy has rejected the proposal to hold consultations, or during the 
consultations no mutually acceptable solution has been reached. 
166. A countervailing duty shall be applied to a pr oduct from all exporters which is subsidized and 
causing injury to a domestic industry of the Member States (except for a product from those 
exporters from which voluntary undertakings have been accepted by the Commission). 
An individual countervailing duty rate may be established by the Commission in respect of 
products from particular exporters.  
167. A countervailing duty rate shall not be in exce ss of the amount of the specific subsidy of the 
exporting third country calculated in terms of subsidization.  
In cases where subsidies are granted in accordance with different subsidization programs, their 
cumulative amount shall be taken into consideration. 
A countervailing duty rate may be less than the amount of the specific subsidy of the exporting 
third country if such rate is adequate to remove the injury to the domestic industry of the Member 
States. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  168. When the amount of a countervailing duty rate is being established, written opinions 
submitted to the investigating authority by co nsumers in the Member States whose economic 
interests can be affected by the imposition of a countervailing duty shall be taken into consideration.  
169. A countervailing duty may be applied to products which were placed, not more than 
90 calendar days prior to the date of imposition of a provisional countervailing duty, under a customs procedure that is conditional on the payment of a countervailing duty if the investigating 
authority, pursuant to an investigation, has simultaneously determined for this product the 
following: 
1) injury which is difficult to repair is caused by massive imports in a relatively short period of time 
of the product benefiting from specific subsidies paid or granted; 
2) it is necessary, in order to prevent the recurre nce of such injury, to apply a countervailing duty 
to the imported product specified in subparagraph 1 of this paragraph. 
170. After the date of the initiation of the investig ation, the investigating authority shall publish in 
the official sources specified in the Treaty a notice on possible application of a countervailing duty 
to the product subject to investigation in accordance with paragraph 169 of this Protocol. 
The decision to publish such a notice shall be taken by the investigating authority upon request of 
a domestic industry of the Member States which contains sufficient evidence that the conditions 
specified in paragraph 169 of this Protocol are fulfilled, or at the initiative of the investigating authority in cases where such evidence is available to the investigating authority. 
No countervailing duty shall be applied to the products which were placed under a customs 
procedure that is conditional on the payment of a countervailing duty prior to the date of official 
publication of the notice specified in this paragraph. 
171. The national legislations of the Member States may establish additional means of notification 
to interested parties of possible application of a countervailing duty in accordance with 
paragraph 169 of this Protocol. 
7. Duration and Review of Countervailing Measure 
172. A countervailing measure shall be applied pursuant to a decision of the Commission to the 
extent and as long as necessary to remove injury to a domestic industry of the Member States caused by dumped imports. 
173. The duration of a countervailing measure shall not exceed 5 years from the date of the 
application of such measure or from the date of the conclusion of review that was carried out on 
the basis of a change in circumstances and concer ned both the examination of subsidized imports 
and the injury to a domestic industry of the Memb er States caused by the subsidized imports, or 
from the date of the conclusion of an expiry review. 
174. An expiry review shall be initiated upon a written application filed in accordance with 
paragraphs 186-198 of this Protocol, or at th e initiative of the investigating authority.  
An expiry review shall be initiated when the application contains evidence that the subsidized 
imports and the injury to the domestic industry of  the Member States would be likely to recur or 
continue if the countervailing measure were removed.  
The application for an expiry review shall be filed not later than 6 months prior to the expiry of the 
countervailing measure. 
A review shall be initiated prior to the expiry of a countervailing measure and concluded within 
12 months from the date of the initiation of the review. 
Prior to the conclusion of a review carried out in accordance with this paragraph, the period of 
application of the countervailing measure shall be extended pursuant to a decision of the G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Commission. During the period for which the application of the respective countervailing measure 
is extended, in accordance with the procedure established for the collection of provisional countervailing duties, countervailing duties shall be levied at the rate established for the countervailing measure, whose duration is subject to extension. 
In cases where, pursuant to an expiry review, the investigating authority establishes that there are 
no grounds for the application of a countervailing measure, or the decision not to apply a countervailing measure is taken in accordance with paragraph 272 of this Protocol, the amounts of 
the countervailing duty levied in accordance with the procedure established for the collection of 
provisional countervailing duties, during the period for which the application of the countervailing measure is extended, shall be refunded to the payer in accordance with the procedure specified in the Annex to this Protocol. 
The investigating authority shall provide timely information to the customs authorities of the 
Member States on the absence of grounds for the application of a countervailing measure, or on 
the decision not to apply an anti-dumping measure taken by the Commission. 
Duration of a countervailing measure is to be extended by the Commission in cases where, 
pursuant to an expiry review, the investigating authority establishes the likelihood of recurrence or continuation of the subsidized imports and injury to the domestic industry of the Member States. 
From the date of entry into force of a decision of the Commission to extend the period of 
application of a countervailing measure, the amounts of countervailing duties levied in accordance with the procedure established for the collection of provisional countervailing duties, during the period for which the application of the countervailing measure is extended, shall be transferred 
and distributed in accordance with the procedure specified in the Annex to this Protocol. 
175. For the purposes of determination whether the continued application of a countervailing 
measure is appropriate and/or for the purpos es of reviewing the measure due to changed 
circumstances, including a review of an individual countervailing duty rate, a review may be 
initiated upon an application by an interested party or at the initiative of the investigating authority, provided that at least 1 year has elapsed since the imposition of a countervailing 
measure. 
Depending on the purposes of filing an application for a review such an application shall include 
evidence that due to changed circumstances: 
- continued application of the countervailing measure is no longer necessary to offset 
subsidized imports and remove injury to the domestic industry of the Member States 
caused by the subsidized imports; 
- existing amount of a countervailing measure exceeds the amount sufficient to offset 
the subsidized imports and remove injury to the domestic industry of the Member 
States caused by the subsidized imports; 
- existing countervailing measure is insufficient to offset the subsidized imports and 
r e m o v e  i n j u r y  t o  t h e  d o m e s t i c  i n d u s t r y  o f  t h e  M e m b e r  S t a t e s  c a u s e d  b y  t h e  
subsidized imports. 
A review due to changed circumstances shall be concluded within 12 months from the date of the 
initiation of the review.  
176. The provisions of section VI of this Protoc ol concerning evidence and the conduct of an 
investigation shall apply mutatis mutandis  to reviews specified in paragraphs 172-178 of this 
Protocol. 
177. The provisions of paragraphs 172-178 of this Protocol shall apply mutatis mutandis  to 
undertakings accepted from an exporting third country or an exporter in accordance with 
paragraphs 154-163 of this Protocol . 
178. A review may also be carried out for the purposes of determining an individual countervailing 
duty rate for an exporter subject to a countervailing measure who was not investigated for reasons G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  other than a refusal to cooperate. Such a review may be initiated by the investigating authority 
upon a request of this exporter. 
8. Circumvention of a Countervailing Measure 
179. For the purposes of this section, circumvention of a countervailing measure shall be 
understood as a change in the mode of supply in order to evade the payment of a countervailing 
duty or the fulfilment of voluntary undertakings. 
180. An anti-circumvention review may be initiated upon an application by an interested party or 
at the initiative of the investigating authority. 
181. The application indicated in paragraph 180 of this Protocol shall include the evidence of: 1) circumvention of a countervailing measure; 2) the undermining of the remedial effect of the countervailing measure (as a result of 
circumvention) and its impact on the volume of production and/or sales, and/or prices for the like 
product in the domestic market of the Member States; 
3) the continued existence of the benefit conferre d on the producer and/or the exporter of the 
product (parts and/or modifications of such product) by the specific subsidy granted. 
182. For the period of the review carried out in accordance with paragraphs 179-185 of this 
Protocol, the Commission may impose a countervailing duty, which shall be levied in accordance 
with the procedure established for the collection of provisional countervailing duties, on parts 
and/or modifications of the subsidized product which are imported into the customs territory of the Union from the exporting third country, and on  the subsidized product and/or parts and/or 
modifications thereof imported into the customs territory of the Union from any other exporting 
third country. 
183. In cases where, pursuant to a review carried out in accordance with paragraphs 179-185 of 
this Protocol, the investigating authority has not determined circumvention of a countervailing 
measure, the amounts of a countervailing duty paid pursuant to paragraph 182 of this Protocol 
and in accordance with the procedure established for the collection of provisional countervailing duties, shall be refunded to the payer in accordance with the procedures specified in the Annex to 
this Protocol. 
The investigating authority shall provide timely information to the customs authorities of the 
Member States if circumvention of a countervailing measure is not found. 
184. In cases where, pursuant to a review carried out in accordance with paragraphs 179-185 of 
this Protocol, circumvention of a countervailing measure has been determined, the countervailing 
measure may be extended to imported parts and/or  modifications of the subsidized product which 
are imported into the customs territory of the Union from the exporting third country, and to the 
subsidized product and/or parts and/or modifications thereof, imported into the customs territory 
of the Union from any other exporting third country. From the entry into force of the decision of the Commission to impose a countervailing measure indicated in this paragraph, the amounts of 
countervailing duties paid in accordance with the procedure established for the collection of 
provisional countervailing duties, shall be transf erred and distributed in accordance with the 
procedure specified in the Annex to this Protocol. 
185. An anti-circumvention review shall be concluded within 9 months from the date of the 
initiation of the review.  G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  VI. Investigations 
1. Basis for Investigation 
186. An investigation for the purposes of determination of the existence of increased imports and 
serious injury or threat thereof caused to a domestic industry of the Member States as well as for 
the purposes of determination of dumped or subsidized imports and material injury, threat thereof 
caused to a domestic industry of the Member States  or material retardation of the establishment of 
a domestic industry of the Member States, shall be carried out by the investigating authority on 
the basis of a written application or at the initiative of the investigating authority. 
187. The application indicated in paragraph 186 of this Protocol shall be filed by:  1) a producer of the like or directly competitive product (when the application for a safeguard 
measure is submitted) or the like product (when the application for an anti-dumping or a 
countervailing measure is submitted) in the Member States or by their authorized representative; 
2) an association of producers which includes producers whose collective output constitutes a 
major proportion, but not less than 25 percent, of the total volume of production of the like or 
directly competitive product (when the application for a safeguard measure is submitted), or the 
like product (when the application for an anti-dumping or a countervailing measure is submitted) in the Member States or by an authorized representative of such association. 
188. The authorized representatives of producers and associations indicated in paragraph 187 of 
this Protocol shall have duly certified and documented authority; the originals of respective documents shall be submitted to the investigating authority together with the application. 
189. The application specified in paragraph 186 of this Protocol shall be accompanied by evidence 
of support for the application by producers of the li ke or directly competitive product, or the like 
product, in the Member States. The following shall be considered as sufficient evidence of support: 
1) documents confirming that other producers of the like or directly competitive product in the 
Member States, who, together with the applicant, account for the major proportion, but not less 
than 25 percent, of the total volume of production of the like or directly competitive product in the 
Member States join the application (when the application for a safeguard measure is submitted); 
2) documents confirming that the producers in the Member States (including the applicant) 
supporting the application account for at least 25 percent of the total production volume of the like product in the Member States, provided that the collective output of the producers in the Member States (including the applicant) supporting the application constitutes more than 50 percent of the 
total production of the like product produced by that portion of the domestic industry expressing 
either support for or opposition to the application (when the application to apply an anti-dumping or countervailing measure is submitted). 
190. The application indicated in paragraph 186 of this Protocol shall contain: 
1) information on the applicant, the volume and value of the production of the like or directly 
competitive product (when the application for a safeguard measure is submitted), the like product 
(when the application for an anti-dumping or countervailing measure is submitted) by the 
domestic industry of the Member States for 3 year s preceding the date of filing the application, as 
well as on the volume and value of the production  of the like or directly competitive product (when 
the application to apply a safeguard measure is submitted) or the like product (when the 
application to apply an anti-dumping or countervailing measure is submitted) by producers in the 
Member States supporting the application, and on their share in the total volume of production of 
the like or directly competitive product when the application to apply a safeguard measure is 
submitted) or the like product (when the application to apply an anti-dumping or countervailing 
measure is submitted) in the Member States; 
2) a description of the product imported into the customs territory of the Union on which it is 
proposed to impose a safeguard, anti-dumping or countervailing measure, with the indication of its 
code in the Customs Nomenclature of Foreign Economic Activity of the EAEU; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  3) the names of exporting third countries of or igin or export of the product indicated in 
subparagraph two of this paragraph, on the basis of customs statistics; 
4) information on known producers and/or export ers of the product indicated in subparagraph two 
of this paragraph in the exporting third co untry, and on known importers and main known 
consumers of the product in question in the Member States; 
5) information on the changes in the volume of im ports of the product into the customs territory of 
the Union on which it is proposed to impose a safeguard, anti-dumping or countervailing measure, 
for the previous period as well as for the subsequent period for which representative statistics are 
available as of the date of filing the application; 
6) information on the changes in the volume of exports of the like or directly competitive product 
(when the application for a safeguard measure is submitted) or the like product (when the 
application for an anti-dumping or a countervailing measure is submitted) from the customs 
territory of the Union, for the previous period as well as for the subsequent period for which representative statistics are available as of the date of filing the application. 
191. Along with the information indicated in paragr aph 190 of this Protocol depending on the type 
of measure proposed in the application, the applicant shall include the following: 
1) evidence of increased imports of the product, ev idence of serious injury or threat thereof to a 
domestic industry of the Member States caused  by the increased imports of the product, a 
proposal to impose a safeguard measure with th e indication of its amount and the period of 
application, as well as an action plan for the adjustment of the domestic industry of the Member States to conditions of foreign competition during the period of application of the safeguard 
measure proposed by the applicant (when the application for a safeguard measure is submitted); 
2) information on export price and normal value of  the product, evidence of material injury or 
threat thereof to a domestic industry of the Member States or material retardation of the 
establishment of a domestic industry of the Memb er States caused by the dumped imports of the 
product, as well as a proposal to impose an anti-dumping measure with the indication of its amount and the period of application (when th e application for an anti-dumping measure is 
submitted); 
3) information on the existence and nature of a specific subsidy of an exporting third country and, 
if possible, its amount, evidence of material injury or threat thereof to a domestic industry of the Member States or material retardation of the establishment of a domestic industry of the Member 
S t a t e s  c a u s e d  b y  t h e  s u b s i d i z e d  i m p o r t s  o f  t h e  p r o d u c t ,  a s  w e l l  a s  a  p r o p o s a l  t o  i m p o s e  a  
countervailing measure with the indication of its amount and the period of application (when the application for a countervailing measure is submitted). 
192. The evidence of the existence of  serious injury or threat thereof to a domestic industry of the 
Member States (when the application to apply a safeguard measure is submitted) and the evidence of material injury or threat thereof to a domestic industry of Member States or material 
retardation of the establishment of a domestic industry of the Member States caused by the 
dumped imports or subsidized imports (when the application to apply an anti-dumping or countervailing measure is submitted) shall be based on objective factors relative to the economic situation of a domestic industry of the Member States, and shall be expressed in quantitative 
and/or value terms for the previous period as well as for the subsequent period for which 
representative statistics are available as of the date  of filing the application (including the volume 
of production and the sales volume of the product,  the share of the product in the domestic market 
of the Member States, the cost of production of th e product, the price of the product, utilization of 
capacity, employment, labor productivity, profit margins, profitability, the volume of investment in the domestic industry of the Member States). 
193. The information provided in the applicatio n shall be accompanied by a reference to the 
source. 
194. For the purposes of comparability, a single monetary unit an d a single unit of quantity shall 
be used for the indicators contained in the application. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  195. The information contained in the application sh all be certified by managing directors of the 
producers that provided such information as well as by their employees responsible for accounting and financial reporting, insofar as information which directly relates to the producers in question is concerned. 
196. The application with an enclosed non-confiden tial version thereof (if the application contains 
confidential information) shall be submitted to the investigating authority in accordance with paragraph 8 of this Protocol and shall be subject to registration on the day of receipt of the 
application. 
197. The date of filing the application shall be the date of registration thereof in the investigating 
authority. 
198. The application for a safeguard, anti-dumping or countervailing measure shall be rejected on 
the following grounds: 
- failure to submit information specified in paragraphs 189-191 of this Protocol when 
filing the application; 
- submission by the applicant of information provided for in paragraphs 189-191 of this 
Protocol which is inaccurate; 
- failure to submit a non-confidential version of the application. 
The rejection of the application on other grounds shall not be permitted. 
2. Initiation and Subsequent Investigation 
199. Before a decision to initiate an investigation is taken, the investigating authority shall notify 
the exporting third country in writing of the receipt of an application for an anti-dumping or a 
countervailing measure prepared in accordance with paragraphs 187-196 of this Protocol. 
200. Before the decision to initiate an investigation is taken, the investigating authority shall 
examine the adequacy and accuracy of the eviden ce and information contained in the application 
in accordance with paragraphs 189-191 of this Protocol within 30 calendar days from the date of 
the registration of the application. Such period may be extended should the investigating authority 
require additional information, but shall not exceed 60 calendar days. 
201. The application may be withdrawn by the applicant prior to the initiation of an investigation or 
in the course of the investigation. 
The application shall be considered not to have been filed if it is withdrawn before the initiation of 
an investigation. 
If the application is withdrawn in the course of the investigation, the investigation shall be 
terminated without the imposition of a safeguard, anti-dumping or countervailing measure. 
202. The information contained in the application shall not be subject to public disclosure before 
the decision to initiate an investigation is taken. 
203. The investigating authority shall take a decision to initiate or refuse to carry out an 
investigation before the expiry of the period indicated in paragraph 200 of this Protocol. 
204. When the decision to initiate an investigation is taken, the investigating authority shall notify 
in writing the authorized body of the exporting third country as well as other interested parties known to it of the decision taken, and, within not more than 10 business days from the date of taking this decision, shall give public notice of the initiation of an investigation in the official 
sources determined by the Treaty. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  205. The publication date of the noti ce of initiation of an investigat ion on the official website of the 
Union on the Internet shall be the date of initiation of the investigation. 
206. The investigating authority may take a decision to initiate an investigation (including on its 
own initiative) only if it has evidence of the existence of increased imports and serious injury or 
threat thereof caused to a domestic industry of the Member States, or of the existence of dumped 
or subsidized imports and material injury or threat thereof caused to a domestic industry of Member States or material retardation of the establishment of a domestic industry of the Member 
States. 
In cases where available evidence is insufficient, such an investigation shall not be initiated. 207. The decision to refuse to carry out an investigation shall be taken if the investigating 
authority, upon examination of the application, determines that the information submitted in 
accordance with paragraphs 190-191 of this Protocol  does not indicate the existence of increased, 
dumped or subsidized imports of the product in to the customs territory of the Union and/or 
material injury or threat thereof to a domestic industry of the Member States or material 
retardation of the establishment of a domestic industry of the Member States caused by the 
dumped or subsidized imports, or the existence of serious injury or threat thereof to a domestic industry of the Member States caused by the in creased imports into the customs territory of the 
Union. 
208. When the decision to refuse to carry out an investigation is taken, the investigating authority 
shall notify the applicant in writing of the reason for the refusal to carry out an investigation within 10 calendar days from the date of taking such decision. 
209. Interested parties shall have the right to state their intention to participate in the 
investigation in writing within the period established by this Protocol. They are recognized as participants in the investigation from the date of the registration of their statement of intent to 
participate in the investigation by the investigating authority. 
The applicant and producers in the Member States who have expressed their support for the 
application shall be recognized as participants in the investigation from the date of the initiation of 
the investigation. 
210. Interested parties shall have the right to submit information (including confidential 
information) required for investigation purposes with the indication of the source of such information within a period which does not impede the investigation.  
211. The investigating authority shall have the right to request from the interested party additional 
information for the purposes of investigation. 
Requests may also be sent to other organizations in the Member States. 
The requests shall be sent by the director (d eputy director) of the investigating authority. 
A request shall be deemed to have been received by the interested party upon its transmission to 
the authorized representative of the interested party or after 7 calendar days from the date on 
which the request was sent by post. 
A response of the interested party shall be submitted to the investigating authority not later 
than 30 calendar days from the date of the receipt of the request.  
A response is considered as received by the investigating authority if it reaches the investigating 
authority not later than 7 calendar days from the date of expiry of the period specified in 
subparagraph five of this paragraph. 
Information submitted by an interested party af ter the expiry of the specified period may be 
disregarded by the investigating authority. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Upon reasoned written request of an interested pa rty, the period for submitting the response may 
be extended by the investigating authority. 
212. In cases where an interested party refu ses to provide necessary information to the 
investigating authority, does not provide such information within the established timeframe or 
provides inaccurate information, thereby significantly impeding the investigation, such interested 
party shall be considered as non-cooperating, and preliminary or final determinations may be made by the investigating authority on the basis of the facts available to it. 
Failure to provide the requested information in electronic form or in electronic format specified in 
the request of the investigating authority shall not be regarded by the investigating authority as non-cooperation, provided that the interested party in question is able to prove that the full implementation of criteria for the provision of information specified in the request of the 
investigating authority is not possible or is associated with significant material costs.  
In cases where the investigating authority does not take into account the information provided by 
the interested party for reasons other than those indicated in subparagraph one of this paragraph, 
the party in question shall be informed of the reasons and grounds for taking such decision and 
shall be given an opportunity to comment thereon within a period which is established by the investigating authority. 
If during the preparation of a preliminary or final determination of the investigating authority, 
including the determination of normal value (in case of an anti-dumping investigation), the provisions of the first subparagraph of this paragraph are applied and information is used 
(including the information provided by the applicant), the information to be used in the 
preparation of such determinations shall be verified using the available information obtained from 
third sources or from the interested parties, provided that such verification neither impedes the investigation nor prevents its timely conclusion. 
213. As soon as possible after the date of taking the decision to initiate an anti-dumping or 
countervailing duty investigation, the investigating authority shall send to an authorized body of the exporting third country and exporters known to it copies of the application or its non-
confidential version (if the application contains confidential information), as well as provide such 
copies to other interested parties upon their request. 
In cases where the number of known exporters is large, a copy of the application or its 
non-confidential version shall be sent only to an authorized body of the exporting third country. 
The investigating authority shall provide copies of the application or its non-confidential version 
(if the application contains confidential information) to the participants in a safeguard investigation upon their request. 
During the investigation, with due regard to the requirement to protect confidential information, 
the investigating authority shall provide to the participants in the investigation at their request an opportunity to see the information provided in writing by any interested party as evidence relevant 
to the subject of investigation. 
During the investigation the investigating authority shall provide to the participants in the 
investigation an opportunity to see other information relevant to the investigation which is used in the investigation and is not confidential. 
214. At the request of interested parties the invest igating authority shall hold consultations on the 
subject of investigation. 
215. During the investigation all interested parties shall be given an opportunity to defend their 
interests. To this end, the investigating authority shall provide to all interested parties at their 
request an opportunity to meet to present their opposing views and to offer rebuttal. The provision of such an opportunity shall be provided with due regard to the requirement to preserve the 
confidentiality of information. It shall not be obligatory for all interested parties to attend a 
meeting, and the absence of any interested party shall not be prejudicial to its interests. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  216. Consumers using in their production the product subject to investigation, representatives of 
public associations of consumers, state authorities, local government authorities as well as other persons shall have a right submit to the investigating authority information which is relevant to the investigation. 
217. An investigation shall be concluded within: 
1) 9 months from the date of the initiation of the investigation on the basis of the application for a 
safeguard measure. This period may be extended  by the investigating authority, but not more 
than for 3 months; 
2) 12 months from the date of the initiation of th e investigation on the basis of the application for 
an anti-dumping or countervailing measure. This  period may be extended by the investigating 
authority, but not more than for 6 months. 
218. An investigation shall not hinder customs pr ocedures in respect of the product subject to 
investigation. 
219. The date of conclusion of an investigation shall be the date on which the Commission 
considers the report pursuant to the investigation and the Commission's draft act, which are 
specified in paragraph 5 of this Protocol. 
In cases where the investigating authority makes a final determination that there are no grounds 
for the application, review or withdrawal of a sa feguard, anti-dumping or countervailing measures, 
the date of the conclusion of the investigation shall be the date of publication of the relevant notice by the investigating authority. 
In case of imposition of a provisional safegu ard duty, a provisional an ti-dumping duty or a 
provisional countervailing duty, the investigation shall be concluded prior to the date of expiry of 
the respective provisional duty. 
220. In cases where the investigating authority establishes in an investigation that there are no 
grounds provided for in subparagraphs two and three of paragraph 3 of this Protocol, the 
investigation shall be concluded without the im position of any safeguard, anti-dumping or 
countervailing measure. 
221. In cases where, within 2 calendar years immediately preceding the date of the initiation of 
the investigation, one producer who has supported the application indicated in paragraph 186 of this Protocol (due regard given to his participation, if applicable, in a group of persons in the meaning of section XIII of the Treaty) accounts fo r such a share of production in the customs 
territory of the Union of the like or directly competitive product (in the case of a safeguard 
investigation) or the like product (in the case of the an anti-dumping or countervailing duty investigation) that, in accordance with the procedures for assessment of the state of competition, 
approved by the Commission, the position of the pr oducer in question (due regard given to his 
participation, if applicable, in a group of persons) in the relevant product market of the Union may be deemed dominant, the division of the Commission authorized to control the compliance with the 
general rules of competition in transboundary markets shall, upon the request of the investigating 
authority, assess the effects of a safeguard, anti-dumping or countervailing measure on competition in the relevant product market of the Union. 
3. Special Procedures for Anti-Dumping Investigation 
222. An anti-dumping investigation shall be termin ated without the imposition of an anti-dumping 
measure if the investigating authority determines that the margin of dumping is less than de minimis, or that the volume of dumped imports, actual or potential, or the material injury 
caused by such imports, or threat thereof, or material retardation of the establishment of a 
domestic industry of the Member States, is negligible. 
The margin of dumping shall be considered to be de minimis  if this margin does not exceed 
2 percent. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  223. The volume of dumped imports from a particular exporting third country shall be negligible if 
it accounts for less than 3 percent of total imports of the product subject to investigation into the customs territory of the Union, provided that exporting third countries which individually account for less than 3 percent of the total imports of the product subject to investigation into the customs 
territory of the Union collectively account for not more than 7 percent of total imports of the like 
product subject to investigation into the customs territory of the Union. 
224. The investigating authority shall, before a decision pursuant an anti-dumping investigation is 
taken, inform the interested parties of the main conclusions made pursuant the investigation, with 
due regard to the requirement to protect confid ential information, and shall give them an 
opportunity to make comments. 
The period for the interested parties to provide their comments shall be established by the 
investigating authority and shall not be less than 15 calendar days. 
4. Special Procedures for Countervailing Duty Investigation 
225. After an application is accepted for consideration and before a decision to initiate an 
investigation is taken, the investigating authority shall propose to an authorized body of the 
exporting third country, from which the product in respect of which it is proposed to impose a countervailing measure is exported, to conduct consultations with the purpose of clarifying the 
situation as to the existence, amount and conseque nces of granting an alleged specific subsidy and 
arriving at a mutually acceptable solution. 
Such consultations may also continue in the course of the investigation. 226. The conduct of consultations specified in paragraph 225 of this Protocol shall not prevent 
taking a decision to initiate an investigation and to apply a countervailing measure. 
227. A countervailing duty investigation shall be terminated without the imposition of a 
countervailing measure if the investigating authority determines that the amount of a specific 
subsidy of an exporting third country is de minimis , or the volume of subsidized imports, actual or 
potential, or the material injury to a domestic industry of Member States caused by such imports, or threat thereof, or material retardation of the establishment of a domestic industry of the 
Member States, is negligible. 
228. The amount of a specific subsidy shall be considered to be de minimis if it is less than 
1 percent of the value of the product subject to investigation. 
The volume of subsidized imports shall normally be regarded as negligible if it accounts for less 
than 1 percent of total imports of the like product into the customs territory of the Union, provided 
that exporting third countries which individually account for less than 1 percent of the total imports of the like product into the customs territory of the Union collectively account for not more than 
3 percent of total imports of the like product into the customs territory of the Union. 
229. A countervailing duty investigation in respect of  an imported subsidized product originating in 
a developing or least developed country which is the beneficiary of the system of tariff preferences 
of the Union shall be terminated in cases where the investigating authority determines that the 
overall level of specific subsidies of the exporting third country granted upon this product does not exceed 2 percent of its value calculated on a per un it basis, or the volume of the imports of this 
product from such a third country represents le ss than 4 percent of the total imports of this 
product into the customs territory of the Union, provided that imports of this product into the 
customs territory of the Union from developing and least developed countries whose individual shares account for less than 4 percent of the total imports of this product into the customs 
territory of the Union collectively account for not more than 9 percent of the total imports of this 
product into the customs territory of the Union. 
230. The investigating authority shall, before a decision, pursuant a countervailing duty 
investigation, is taken, inform all interested parties of the main conclusions made in the course of 
the investigation, with due regard to the requirem ent to protect confidential information, and shall 
give them an opportunity to make comments. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  The period for the interested parties to provide their comments shall be established by the 
investigating authority and shall not be less than 15 calendar days. 
5. Definition of Domestic Industry of Member States 
in Case of Dumped or Subsidized Imports 
231. For the purposes of an anti-dumping or count ervailing duty investigation, the term "domestic 
industry of the Member States" shall be interprete d within the meaning of Article 49 of the Treaty, 
except for the cases specified in paragraphs 232 and 233 of this Protocol. 
232. In cases where the producers of the like product in the Member States are themselves 
importers of the allegedly dumped or subsidized product, or are related to the exporters or importers of the allegedly dumped or subsidized product, the term "domestic industry of the Member States" may be interpreted as referring to the rest of the producers of the like product in 
the Member States. 
The producers of the like product in the Member States shall be deemed to be related to the 
exporters or importers of the allegedly dumped or subsidized product if: 
- particular producers of the like product in the Member States directly or indirectly 
control the exporters or importers of the product subject to investigation; 
- particular exporters or importers of the product subject to investigation directly or 
indirectly control the producers of the like product in the Member States; 
- particular producers of the like product in the Member States and the exporters or 
importers of the product subject to investigation are directly or indirectly controlled by a third person; 
- particular producers of the like product in the Member States and the foreign 
producers, exporters or importers of the product subject to investigation directly or indirectly control a third person, provided that there are grounds for the investigating 
authority to believe that such relationship causes such producers to behave differently 
from non-related parties. 
233. In exceptional circumstances, for the purpos es of defining the domestic industry of the 
Member States, the territory of these States may be divided into two or more territorially isolated 
competitive markets, and the producers in the Memb er States within one of the indicated markets 
may be regarded as a separate domestic industry of the Member States, if such producers sell in this market not less than 80 percent of their production of the like product for consumption or 
processing, and the demand for the like product in such market is not to a substantial degree 
satisfied by producers of such product located el sewhere in the territory of the Member States. 
In such circumstances, material injury to a domest ic industry of the Member States, threat thereof 
or material retardation of the establishment of a domestic industry of the Member States caused 
by dumped or subsidized imports may be found to exist even where a major portion of the total domestic industry is not injured, provided there is a concentration of sales of dumped or 
subsidized imports into one of the indicated competitive markets and the dumped or subsidized 
imports are causing injury to all or almost all producers of the like product in the Member States within one such market. 
234. In cases where a domestic industry of the Memb er States is interpreted within the meaning of 
paragraph 233 of this Protocol and, pursuant to an investigation, a decision to apply an anti-
dumping or countervailing measure is taken, such measure may be applied to all imports of the product into the customs territory of the Union. 
In the abovementioned case an anti-dumping or countervailing duty shall be imposed only after 
the investigating authority has given the exporters an opportunity to cease exports of such product to the area concerned at dumped prices (in the case of dumped imports) or at subsidized prices 
(in the case of subsidized imports), or to offer respective undertakings in relation to the conditions G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  of exporting into the customs territory of the Unio n, provided that such opportunity has not been 
used by the exporters. 
6. Public Hearings 
235. The investigating authority shall hold public  hearings on the basis of a written request 
submitted by any participant in the investigation and within the time period established by this 
Protocol. 
236. The investigating authority shall send a notice to the participants in the investigation 
specifying the time and location of public hearings, as well as a list of questions to be discussed in 
the course of public hearings. 
The public hearings shall not be scheduled for a date sooner than 15 calendar days from the day of 
sending the respective notice. 
237. Participants in the investigation or their representatives as well as persons engaged by them 
for the purposes of providing information relating to the investigation shall have a right to participate in public hearings. 
In the course of public hearings the participants in the investigation may express their opinion and 
provide evidence relating to the investigation. The representative of the investigating authority shall have a right to ask the participants in public hearings questions relating to the essence of the 
facts submitted by them. The participants in the investigation shall also have a right to ask each 
other questions and shall give answers. The participants in public hearings shall not be required to disclose information treated as confidential. 
238. Oral information which has been provided in th e course of public hearings shall be taken into 
account in the course of the investigation if within 15 calendar days from the date of the public 
hearings participants in the investigation provide it in writing to the investigating authority. 
7. Collection of Information in  the Course of Investigation 
239. After the decision to initiate an anti-dumping or countervailing duty investigation is taken, the 
investigating authority shall send to known exporters and/or producers of the product subject to investigation a questionnaire which shall be completed by them.  
A questionnaire shall also be sent to producers of the like or directly competitive product (in the 
case of a safeguard investigation) or the like product (in the case of an anti-dumping or countervailing duty investigation) in the Member States. 
If necessary, a questionnaire may also be sent to importers and consumers of the product subject 
to investigation. 
240. Parties specified in paragraph 239 of this Protocol to whom a questionnaire has been sent 
shall submit their responses to the investigating authority within 30 calendar days from the date of 
the receipt of the questionnaire.  
Upon a reasoned written request of a party specified in paragraph 239 of this Protocol the period 
in question may be extended by the investigating authority for no more than 14 calendar days. 
241. A questionnaire shall be deemed to have been  received by the exporter and/or producer of 
the product from the date of its transmission direct ly to the representative of the exporter and/or 
producer or after 7 calendar days from the date on which it was sent by post. 
Responses to a questionnaire shall be deemed to have been received by the investigating authority 
if they have been submitted to the investigating authority in a confidential and a non-confidential 
versions not later than 7 calendar days from the da te of the expiry of the 30 day period specified 
in paragraph 240 of this Protocol or from the date of the expiry of the extension period. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  242. The investigating authority shall satisfy itse lf as to the accuracy and adequacy of the 
information submitted by interested parties during the course of an investigation. 
In order to verify information provided during the course of an investigation or to obtain further 
information relating to the investigation conducted, the investigating authority may, as required, 
carry out verification: 
- in the territory of the third country, pr ovided that it obtains the agreement of 
respective foreign exporters and/or producer s of the product subject to investigation 
and the third country which has been officially notified of the forthcoming verification 
does not object to it; 
- in the territory of the Member State, prov ided it obtains the agreement of respective 
importers of the product subject to invest igation and/or producers of the like or 
directly competitive product. 
A verification shall be carried out after the responses to the questionnaires sent in accordance with 
paragraph 239 of this Protocol have been received unless the foreign producer or exporter 
voluntary agrees to verification to be carried out before such responses have been sent and the 
respective third country does not object to it. 
After the agreement has been obtained from the respective participants in the investigation and 
before the start of verification, these participants  shall be provided with a list of documents and 
materials which shall be submitted to the officers deployed to carry out the verification. The investigating authority shall notify the third country of the addresses and names of the foreign exporters or producers to be verified as well as the dates of such verification. 
Other documents and materials which are necessary to verify the information submitted in the 
responses to a questionnaire may also be requested in the course of verification. 
In cases where the investigating authority intends to include experts who are not officers of this 
authority in the investigating team for the purposes of carrying out verification, the participants in 
the investigation subject to verification activities shall be notified in advance of such decision of the investigating authority. Participation of such experts in verification should be permitted only if 
there is a possibility to apply sanctions for the breach by them of confidentiality of information 
obtained in connection with verification. 
243. In order to verify information submitted in the course of an investigation or to obtain further 
information relating to the investigation being carried out, the investigating authority shall have a 
right to direct its representatives to a location of interested parties, collect information, hold 
consultations and negotiations with interested partie s, familiarize itself with samples of the product 
and take other actions necessary for carrying out an investigation.  
8. Submission of Information by Au thorized Bodies of Member States, 
Diplomatic and Trade Repres entations of Member States  
244. For the purposes of this subsection, the term  "authorized bodies of the Member States" shall 
be understood as governmental authorities and territorial (local) authorities of the Member States 
authorized in the field of customs procedures, statistics, taxation, registration of juridical persons and in other fields. 
245. The authorized bodies of the Member States , diplomatic and trade representations of the 
Member States in third countries shall provide to the investigating authority, upon its request, 
information specified by this Protocol which is necessary for the initiation and carrying out of safeguard, anti-dumping and countervailing duty investigations (including reviews). The 
preparation of proposals pursuant to investigations, the monitoring of the effectiveness of 
safeguard, anti-dumping and countervailing measures  imposed, and the control of compliance with 
the undertakings accepted by the Commission. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  246. The authorized bodies of the Member States , diplomatic and trade representations of the 
Member States in third countries shall be required to: 
1) submit, within 30 calendar days from the receip t of the request of the investigating authority, 
information available to them or give notice of inability to provide information with an explanation 
of the reasons for refusal. Upon reasoned reques t of the investigating authority, the requested 
information shall be submitted within a shorter period; 
2) ensure adequacy and accuracy of the informat ion submitted and, if necessary, provide timely 
respective additional and modified information. 
247. The authorized bodies of the Member States , diplomatic and trade representations of the 
Member States in third countries, within their competence, shall submit to the investigating authority information on requested periods, including: 
1) statistics on foreign trade; 
2) data from goods declarations categorized by  the respective customs procedures, with the 
indication of physical and value indicators relative to the importation (exportation) of the product, 
commercial name of the product, terms of supply, co untry of origin (country of departure, country 
of destination), name and other details of the sender and the recipient; 
3) information on the domestic market of the product subject to investigation and respective 
domestic industry of the Member States (including data on the volume of production of the 
product, utilization of capacity, sales, the cost of production, profits and losses of the national 
enterprises of the Member States, prices of the product in the domestic market of the Member 
States, profitability, the number of employees, in vestment, the list of producers of the product); 
4) information relative to the assessment of the effects of possible imposition or non-imposition of 
a safeguard, anti-dumping or countervailing measure,  pursuant to the respective investigation, in 
the market in the Member States for the product subject to investigation, as well as a forecast of 
production activity of the national enterprises of the Member States. 
248. The list of information specified in paragrap h 247 of this Protocol is not exhaustive. If 
required, the investigating authority shall have a right to request other information. 
249. The correspondence on the implementation of  this subsection shall be maintained and the 
information upon request of the investigating authority shall be shall be submitted in the Russian language. Particular company details (indicators)  which include foreign names may be provided 
using the letters of the Latin alphabet. 
250. The information shall be mainly submitted on el ectronic media. If there is no possibility to 
submit information on electronic media, it shall be provided on paper media. Information that has 
been requested in the table format (statistical an d customs information) shall be submitted in the 
format specified in the request of the investigating authority. In cases where it is not possible to 
submit information in such a format, the authorized bodies of the Member States, diplomatic and trade representations of the Member States in third countries shall notify the investigating 
authority and submit the requested information to investigating authority and shall provide 
requested information in another format. 
251. Requests to the authorized bodies of  the Member States, diplomatic and trade 
representations of the Member States in third countries for submission of information shall be 
made in writing on the letterhead of the investigating authority with the indication of purpose, 
legal grounds and the time limits for submission of information and shall be signed by the director (deputy director) of the investigating authority. 
252. The information upon the request of the inve stigating authority shall be provided by the 
authorized bodies of the Member States, diplom atic and trade representations of the Member 
States in third countries free of charge. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  253. Information shall be transmitted via means wh ich are agreed by the exchanging bodies and 
which are available at the moment of transmission, that ensure safety and protection of information from unauthorized access. In the case of submitting information via facsimile, the original copy shall also be sent by post. 
9. Confidential Information 
254. Information designated as confidential under the laws of a Member State (including 
commercial, tax and other confidential information), except for state secrets, or as internal 
information of restricted access shall be submitted to the investigating authority in compliance 
with the requirements established by the laws of the Member State in respect of such information. 
The investigating authority shall ensure the required level of protection of such information. 255. The information submitted by an interested party to the investigating authority shall be 
treated as confidential if this party provides reasoning that indicates, inter alia, that disclosure of 
such information would be of a competitive advantage to a third party or would have adverse effects upon a person who has submitted such information or upon a person from whom such 
information has been received. 
256. Interested parties submitting confidential  information shall be required to provide a 
non-confidential version of such information. 
A non-confidential version shall be in sufficient detail to permit understanding of the substance of 
the information submitted in confidence. 
In exceptional cases, when an interested party is not able to submit a non-confidential version of 
the confidential information, it must provide a detailed reasoned statement as to why the 
submission of a non-confidential version is impossible.  
257. In cases where the investigating authority de termines that the reasoning submitted by an 
interested party does not permit to consider the submitted information as confidential, or an 
interested party which has not submitted a non-confidential version of confidential information 
does not submit reasoning as to why it is impossible to submit confidential information in a non-confidential form or submits information which does not constitute such reasoning, the 
investigating authority may disregard such information. 
258. The investigating authority shall not disclose  or transmit to third parties confidential 
information without a written consent of the interested party who has provided such information or the authorized bodies of the Member States an d diplomatic and trade representations of the 
Member States in third countries specified in paragraph 244 of this Protocol. 
For disclosure, use to personal advantage, other misuse of confidential information submitted for 
the purposes of carrying out an investigation to the investigating authority by applicants, 
participants in an investigation, interested parties or the authorized bodies of the Member States 
and diplomatic and trade representations of the Member States in third countries specified in 
paragraph 244 of this Protocol, officials and em ployees of the investigating authority may be 
deprived of the privileges and immunities provided for in an international treaty of the Union on 
privileges and immunities, and will be prosecutable in accordance with a procedure which is approved by the Commission. 
This Protocol shall not preclude the disclosure by the investigating authority of information 
containing the reasons on which decisions taken by the Commission are based, or the evidence 
relied on by the Commission insofar as it is necessary to explain such reasons and evidence in the Court of the Union. 
The procedure for the use and protection of confidential information in the investigating authority 
shall be approved by the Commission.  G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  10. Interested Parties 
259. For the purposes of an investigation, interested parties shall be: 1) a producer of the like or directly competitive product (in the case of a safeguard investigation) 
or the like product (in the case of an anti-dumping or countervailing investigation) in the Member 
States; 
2) an association of producers a majority of the members of which are producers of the like or 
directly competitive product (in the case of a safeguard investigation) or the like product (in the 
case of an anti-dumping or countervailing investigation) in the Member States; 
3) an association of producers the members of which account for more than 25 percent of the total 
volume of production of the like or directly competitive product (in the case of a safeguard investigation) or the like product (in the case of an anti-dumping or countervailing investigation) in 
the Member States; 
4) an exporter, foreign producer or the importer of the product subject to investigation, and an 
association of foreign producers, exporters or importers of products a significant part of the 
members of which are producers, exporters or im porters of the product in question from the 
exporting third country or the country of origin of the product; 
5) an authorized body of the exporting third count ry or of the country of origin of the product; 
6) consumers of the product subject to investigation (if they use such product in production) or 
associations of such consumers in the Member States; 
7) public associations of consumers (if the product is mainly consumed by natural persons). 260. Interested parties shall act in an investigatio n on their own or through their duly authorized 
representatives.  
If an interested party acts in an investigation through an authorized representative, the 
investigating authority shall provide all information on the subject matter of the investigation to 
the interested party only through this representative.  
11. Notice of Decisions Taken in Connection with Investigation 
261. The investigating authority shall publish on th e official website of the Union on the Internet 
the following notices of decisions taken in connection with an investigation: 
- of initiation of an investigation; - of imposition of a provisional safeguard, a provisional anti-dumping or a provisional 
countervailing duty; 
- of possible application of an anti-dumping duty in accordance with paragraph 104 of 
this Protocol or possible application of a countervailing duty in accordance with paragraph 169 of this Protocol; 
- of conclusion of a safeguard investigation; 
- of conclusion of an investigation pursuant to which the investigating authority has 
concluded that there are grounds for th e imposition of an anti-dumping or 
countervailing measure or that acceptance of respective undertakings is practical; 
- of conclusion or suspension of an investigation in connection with the acceptance of 
respective undertakings; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  - of termination of an investigation pursuant to which the investigating authority 
concluded that there are no grounds for the imposition of a safeguard, anti-dumping or countervailing measure; 
- of other decisions taken in connection with an investigation. 
Such notices shall also be sent to the authorized body of the exporting third country and to other 
interested parties known to the investigating authority. 
262. The notice of initiation of an investigation shall be published not later than 10 business days 
from the date on which the investigating authority takes the decision to initiate an investigation 
and shall include: 
1) a complete description of the product subject to investigation; 2) the name of the exporting third country 
3) a summary of the evidence indicating the ex istence of increased imports into the customs 
territory of the Union and the existence of serious in jury or threat thereof to a domestic industry of 
the Member States (in cases where the decision to initiate a safeguard investigation is taken); 
4) a summary of the evidence indicating the exis tence of dumped or subsidized imports and the 
existence of material injury or threat thereof to  a domestic industry of the Member States or 
material retardation of the establishment of a domestic industry of the Member States (in cases 
where the decision to initiate an anti-dumping or countervailing investigation is taken); 
5) an address to which interested parties may send their opinion or information relevant to an 
investigation; 
6) a period of 25 calendar days within which the investigating authority shall accept from 
interested parties statements of intent to participate in an investigation; 
7) a period of 45 calendar days within which the investigating authority shall accept from 
interested parties requests for public hearings; 
8) a period of 60 calendar days within which the investigating authority shall accept from 
interested parties comments and information relevant to an investigation in writing. 
263. Notice of the imposition of a provisiona l safeguard, a provisional anti-dumping or a 
provisional countervailing duty shall be published not later than 3 business days from the date on 
which such decision is taken by the Commission and shall also contain the following information: 
1) the name of the exporter of the product subjec t to investigation or the name of the exporting 
third country (if it is impracticable to provide the name of the exporter); 
2) a description of the product subject to investigation which is sufficient for the purposes of 
customs control; 
3) the grounds for the affirmative determination of dumped imports with the indication of the 
margin of dumping and a description of the grounds for the methodology used in the calculation 
and comparison of the normal value of the produc t and its export price (when a provisional anti-
dumping duty is imposed); 
4) the grounds for the affirmative determination of subsidized imports with a description of the 
existence of a subsidy and an indication of the calculated amount of subsidization per unit (when a provisional countervailing duty is imposed); 
5) the grounds for the determination of serious or material injury or threat thereof to a domestic 
industry of the Member States or material retard ation of the establishment of a domestic industry 
of the Member States; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  6) the grounds for the establishment of a causal relationship between the increased imports, the 
dumped and subsidized imports, and serious or material injury or threat thereof to a domestic industry of the Member States or material retard ation of the establishment of a domestic industry 
of the Member States, respectively; 
7) the grounds for the affirmative determination of increased imports (when a provisional 
safeguard duty is imposed). 
264. A notice of possible application of an anti-d umping duty in accordance with paragraph 104 of 
this Protocol or a notice of possible application of a countervailing duty in accordance with 
paragraph 169 of this Protocol shall contain: 
1) a description of the product subject to investigation which is sufficient for the purposes of 
customs control; 
2) the name of the exporter of the product subjec t to investigation or the name of the exporting 
third country (if it is impracticable to provide the name of the exporter); 
3) a summary of the evidence indicating that th e conditions specified in paragraph 104 and 169 of 
this Protocol are fulfilled. 
265. A notice of conclusion of a safeguard investigation shall be published by the investigating 
authority not later than 3 business days from the date of the conclusion of the investigation and 
shall contain the main conclusions made by the investigating authority on the basis of the 
information available to it. 
266. The notice of conclusion of an investigation pursuant to which the investigating authority has 
concluded that there are grounds for the imposition of an anti-dumping or countervailing measure 
or that the acceptance of respective undertakings is appropriate shall be published not later than 
3 business days from the date of the conclusion of the investigation and shall include: 
1) an explanation for the final determination on the results of the investigation made by the 
investigating authority; 
2) a reference to the facts on the basis of which such determination was made; 3) the information specified in paragraph 263 of this Protocol; 
4) an indication of the reasons for the acceptance  or rejection of arguments and requests of the 
exporters and importers of the product subject to investigation; 
5) an indication of the reasons for taking decisions in accordance with paragraphs 48-51 of this 
Protocol. 
267. A notice of termination or suspension of an investigation in connection with the acceptance of 
respective undertakings shall be published not later than 3 business days from the date of the termination or suspension of an investigation and shall contain a non-confidential version of these 
undertakings: 
268. A notice of termination of an investigation pursuant to which the investigating authority has 
concluded that there are no grounds for the im position of a safeguard, anti-dumping or 
countervailing measure shall be published not later than 3 business days from the date of the 
termination of the investigation and shall contain:  
1) an explanation for the final determination pursuant to the investigation made by the 
investigating authority; 
2) a reference to the facts on the basis of which the determination specified in subparagraph one 
of this paragraph was made. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  269. A notice of the termination of the investigation pursuant to which the investigating authority 
takes the decision not to apply a measure in accordance with paragraph 272 of this Protocol shall be published not later than 3 business days from the date on which such decision is taken and shall include an explanation of the reasons why the Commission has taken the decision not to 
apply a safeguard, anti-dumping or countervailing measure, and indicate facts and conclusions on 
the basis of which such decision has been taken.  
270. The investigating authority shall ensure that all notifications provided for by the Marrakesh 
Agreement Establishing the World Trade Organization of April 15, 1994 with regard to 
investigations and applied measures are notified to the competent authorities of the World Trade 
Organization in accordance with the established procedure. 
271. The provisions of paragraphs 26 1-270 of this Protocol shall apply mutatis mutandis  to the 
notices of the initiation and the conclusion of reviews. 
VII. Non-Application of Safeguard, Anti-Dumping 
and Countervailing Measures 
272. The Commission, pursuant to an investigation, may take a decision not to apply a safeguard, 
anti-dumping or countervailing measure even if th e application of such measure meets the criteria 
established by this Protocol. 
Such decision may be taken by the Commission if the investigating authority, based on the 
analysis of all information provided by interested parties, has made a conclusion that the application of such measure may impair the interests of the Member States. This decision may be reviewed in case the reasons which form the basis for taking the decision have changed. 
273. The conclusion referred to in subparagraph two of paragraph 272 of this Protocol shall be 
based on the results of a cumulative assessment of  the interests of a domestic industry of the 
Member States, consumers of the product subject to  investigation (if they use the product in their 
production) and associations of such consumers in the Member States, public associations of 
consumers (if the product is mainly consumed by natural persons) and importers of the product in question. Such a conclusion may only be made after the mentioned parties have been given an 
opportunity to comment on the matter in question in accordance with paragraph 274 of this 
Protocol. 
In making such a conclusion, particular importance shall be attached to the elimination of 
distorting effects of increased, dumped or subsid ized imports on the ordinary course of trade and 
competition in the relevant market for goods of the Member States and the situation in the 
industry of the Member States. 
274. For the purposes of application of the prov isions of paragraph 272 of this Protocol, the 
producers of the like or directly competitive product (in the case of a safeguard investigation) or 
the like product (in the case of an anti-dumping or countervailing duty investigation) in the Member States, their associations, importers and of  the product subject to investigation and their 
associations, consumers of the product subject to investigation (if they use such product in their 
production), and associations of such consumers in the Member States, public associations of consumers (if such product is mainly consumed by natural persons) shall have the right, within the period established in the notice published in accordance with paragraph 262 of this Protocol, to 
provide their comments and information on the matter. Such comments and information, or their 
non-confidential version, as appropriate, shall be made available to other interested parties referred to in this paragraph, who shall have a right to provide their comments in response.  
The information provided in accordance with this paragraph shall be taken into consideration 
regardless of its source, provided that there are objective facts supporting its accuracy. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  VIII. Final Provisions 
 
1. Judicial Review of Decisions on Application of Safeguard, 
Anti-Dumping and Countervailing Measures 
275. The procedure and particularities for the appeal  of decisions of the Commission and/or action 
(inaction) of the Commission relating to the application of safeguard, anti-dumping and countervailing measures shall be determined by th e Statute of the Court of the Union (Annex 2 to 
the Treaty) and by the Regulation of the Court of the Union. 
2. Implementation of Decisions of Court of the Union 
276. The Commission shall take necessary measures to implement the decisions of the Court of 
the Union concerning the application of safeguard, anti-dumping and countervailing measures. The 
decision of the Commission deemed by the Court of  the Union to be inconsistent with the Treaty 
and/or international treaties within the framework of the Union shall be brought by the Commission into conformity with the Treaty and/or  international treaties within the framework of 
the Union by way of carrying out a review at the initiative of the investigating authority in so far as 
required for the implementation of the decision of the Court of the Union. 
The provisions relating to the conduct of an investigation shall apply mutatis mutandis  to the 
conduct of the review. 
The period of carrying out a review under this paragraph shall not, as a rule, exceed 9 months.  
3. Administration of Investigation 
277. For the purposes of the implementation of th is Protocol, the Commission shall take decisions 
on initiation, conduct, conclusion and/or suspension of an investigation. The decisions taken by the 
Commission shall not alter or contradict the provisions of the Treaty. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Annex to the Protocol on Application of Safeguard, 
Anti-Dumping and Countervailing Measures 
to Third Countries 
Regulation on Transfer and Distribution of Safeguard, 
Anti-Dumping, Countervailing Duties 
 
I. General Provisions 
1. This Regulation determines the procedure fo r transfer and distribution between the Member 
States of the amounts of the safeguard, anti -dumping and countervailing duties imposed in 
accordance with Section IX of the Treaty on the Eurasian Economic Union (hereinafter "the Treaty"). The indicated procedure for transfer an d distribution of the amounts of safeguard, 
anti-dumping, countervailing duties between the Member States shall also apply to the amounts of 
penalties (interest) accrued on the amounts of sa feguard, anti-dumping, countervailing duties in 
cases and in accordance with the procedure provid ed for under the Customs Code of the Eurasian 
Economic Union.  
2. The terms used in this Regulation shall have the meaning defined in the Protocol on the 
procedure for transfer and distribution of import  customs duties (other duties, taxes and fees 
having equivalent effect) and their transfer to the budgets of the Member States (Annex 5 to the 
Treaty), Protocol on the application of safeguar d, anti-dumping and countervailing measures to 
third countries (Annex 8 to the Treaty) and the Cu stoms Code of the Eurasian Economic Union. 
II. Transfer and Accounting of Amounts of Safeguard, 
Anti-dumping, Countervailing Duties 
3. From the date of entry into force of the decisi on of the Commission on application of safeguard, 
anti-dumping, countervailing measure the amounts of safeguard, anti-dumping, countervailing 
duties (except provisional safeguard, provisional anti-dumping, provisional countervailing duties) 
the obligation to pay which in respect of products imported into the customs territory of the Union arises from the date of application of the respecti ve measure, shall be transferred, distributed to 
the budgets of the Member States in the order and according to the distribution ratios defined in 
the Protocol on the procedure for transfer and dist ribution of imports customs duties (other duties, 
taxes and fees having equivalent effect) and their transfer to the budgets of the Member States (Annex 5 to this Treaty) taking into account particularities specified by this Regulation.  
4. In cases where the amounts of distributed sa feguard, anti-dumping, countervailing duties are 
not transferred or incompletely transferred to the budget of other Member States within the determined time limits and the information from authorised authority of that Member State on the 
absence of amounts of safeguard anti-dumping, countervailing duties is not provided, the 
provisions of paragraphs 20-28 of the Protocol on the procedure for transfer and distribution of imports customs duties (other duties, taxes and fees having equivalent effect), their transfer to 
the budgets of the Member States (Annex 5 to the Treaty) specified for transferring and 
distribution of the customs import duties between Member States shall be applied. 
5. The amounts of safeguard, anti-dumping, count ervailing duties shall be transferred in the 
national currency to the single account of the authorised authority of the Member State in which 
they are to be paid in accordance with the Customs Code of the Eurasian Economic Union, 
including the recovery of such duties. 
6. Safeguard, anti-dumping, countervailing duties shall be paid by payers to the single account of 
the authorised authority to which they are to be paid in accordance with the Customs Code of the 
Eurasian Economic Union, under separate settlement (payment) documents (instructions). 
7. Safeguard, anti-dumping, countervailing du ties may not be offset against any other 
payments, except for the offset against arrears of the payers for customs fees and fines (percent) 
(hereinafter - "offset against arrears"). 
8. Taxes and fees, other payments (excluding import customs duties and export customs duties on 
crude oil and certain categories of goods produced from oil (petroleum) and exported outside the G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  customs territory of the Union), received on the single account of the authorised authority of the 
Member State in which they are to be paid in accordance with the Customs Code of the Eurasian Economic Union may be offset for payment of sa feguard, anti-dumping, countervailing duties.  
Import customs duties may be offset against arrears of payers for safeguard, anti-dumping, 
countervailing duties.  
9. Authorised authorities shall separately register: 1) inpayments (refunds, offsets against arrears) of safeguard, anti-dumping, countervailing duties 
on the single account of the authorised authority; 
2) distributed amounts of safeguard, anti-dumpi ng, countervailing duties transferred to foreign 
currency accounts of other Member States; 
3) revenues transferred to the budget of the Memb er State from the distribution of safeguard, 
anti-dumping, countervailing duties by the Member State; 
4) amounts of safeguard, anti-dumping, countervailin g duties received in the budget of a Member 
State from other Member States;  
5) default interest received in the budget of Member States for infringement provisions of this 
Regulation, which caused failure, incomplete and (or) untimely fulfillment of the obligations of a Member State to transfer amounts from distributi on of safeguard, anti-dumping, countervailing 
duties; 
6) distributed safeguard, anti-dumping, counterva iling duties the transfer of which to foreign 
currency accounts of other Member States has been suspended.  
10. The amounts of revenues indicated in paragraph 9 of this Regulation shall be registered 
separately in the report on implementation of the budget of each Member State. 
11. Amounts of safeguard, anti-dumping, countervailing duties received on the single account of 
the authorised authority on the last business day of  a calendar year of a Member States shall be 
included in the report on implementation of the budget for the reporting year. 
12. Amounts of distributed safeguard, anti-dumping, countervailing duties for the last business day 
of the calendar year of a Member State shall be transferred no later than on the second business 
day of the current year of the Member State to the budget of this Member State and to foreign 
currency accounts of other Member States and shall be  included in the report on implementation of 
the budget for the reporting year. 
13. Revenues from the distribution of safeguard anti-dumping, countervailing duties received in 
the budget of a Member State from the authorised authorities of other Member States for the last 
business day of a calendar year of other Member States shall be included in the report on implementation of the budget for the current year. 
14. No funds may be recovered from the single account of the authorised authority in execution of 
judicial acts or otherwise, except in cases of arrears collection for customs fees, safeguard, anti-
dumping and countervailing duties, as well as penalties (interest) in accordance with the Customs 
Code of the Eurasian Economic Union. 
15. Provisional safeguard, provisional anti-dumping, provisional countervailing duties shall be paid 
(recovered) in the national currency to the acco unt specified by the legislation of the Member 
State customs authorities of which levies provisional safeguard, provisional anti-dumping, 
provisional countervailing duties. 
16. In cases specified in the Protocol on th e application of safeguard, anti-dumping and 
countervailing measures to third countries (A nnex 8 to the Treaty) the amounts of paid 
(recovered) provisional safeguard, provisional anti-dumping, provisional countervailing duties, as 
well as anti-dumping, countervailing duties paid  in the manner prescribed for the levying of G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  appropriate types of provisional duties shall be offset for payment of safeguard, anti-dumping, 
countervailing duties and transferred to the single account of the authorised authority of the Member State in which they were paid, not later than 30 business days from the date of entry into force of the Commission's decision on application (extension of the measure, extension on parts 
and (or) modifications of the product) of safeguard, anti-dumping, countervailing measures. 
In the cases specified in the Protocol on the application of safeguard, anti-dumping and 
countervailing measures to third countries (Annex 8 to the Treaty) amounts to secure the payment 
of anti-dumping duties shall be offset to anti-dumping duties and transferred to the single account 
of the authorised authority of the Member State in which they were paid, not later than 30 business days from the date of entry into force of the relevant decision of the Commission on 
the application of anti-dumping measure.  
III. Refund of Safeguard, Anti-dumping and Countervailing Duties 
17. Amounts of provisional safeguard, provisional anti-dumping, provisional countervailing duties, 
as well as anti-dumping, countervailing duties paid in the manner prescribed for the levying of 
provisional anti-dumping and provisional countervailing duties shall be refunded in cases specified 
in the Protocol on the application of safeguard, anti-dumping and countervailing measures to third 
countries (Annex 8 to the Treaty), in accordance with the legislation of the Member States in which 
such duties were paid (recovered), unless otherwis e specified by the Customs Code of the Eurasian 
Economic Union. 
18. Refund of safeguard, anti-dumping, counterva iling duties shall be carried out in accordance 
with the legislation of the Member State in which such duties were paid (recovered), unless 
otherwise specified by the Customs Code of the Eurasian Economic Union, taking into account the 
provisions of this Regulation. 
19. Refund of amounts of safeguard, anti-dumping, countervailing duties to the payer, their offset 
against arrears shall be carried out from the single account of the authorised authority in the 
current day within the amounts of safeguard, anti-dumping, countervailing duties received on the single account of the authorised authority, as we ll as the amounts offset against safeguard, anti-
dumping, countervailing duties in the reporting day, taking into account the amount of refund of 
safeguard, anti-dumping, countervailing duties no t approved by the national (central) bank for 
execution on the reporting day, except for the cases specified in the paragraph 20 of this Regulation.  
20. Refund of the amounts of safeguard, anti-dum ping, countervailing duties to the payer, their 
offset against arrears are carried out from the single account of the authorised authority of the Republic of Kazakhstan on the reporting day within amounts of safeguard, anti-dumping, 
countervailing duties received (offset) to the sing le account of the authorised authority of the 
Republic of Kazakhstan on the day of the refund (offset). 
21. Determination of the amounts of refund of sa feguard, anti-dumping, countervailing duties to 
be refunded and (or) offset against arrears in the current day shall be determined prior the 
distribution of received safeguard, anti-dumping , countervailing duties between the budgets of the 
Member States. 
22. In case of unsufficient funds for the refund of safeguard, anti-dumping, countervailing duties 
and (or) their offset against arrears in accordance with paragraphs 19 and 20 of this Regulation, 
the refund (offset) shall be carried out by a Member State in subsequent business days.  
Penalties (interest) for untimely refund to the payer of safeguard, anti-dumping, countervailing 
duties shall be paid from the budget of that Member State to the payer and shall not be included in 
the safeguard, anti-dumping, countervailing duties. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  IV. Exchange of Informat ion Between Authorised 
Authorities of the Member States 
23. The exchange of information between th e authorised authorities required for the 
implementation of this Regulation shall be carried out in accordance with the decision of the 
Commission determining the procedure, form and ti ming of the exchange of such information. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Law of the Republic of Kazakhstan No. 316-V 
"On Application of Safeguard, Anti-Dumping and Countervailing 
Measures to Third Countries" of 8 June 2015 
 
This Law regulates the application of safeguard, anti-dumping and countervailing measures with 
regard to Third countries in order to protect economic interests of the Republic of Kazakhstan.  
Chapter 1. General provisions 
Article 1. General definitions used in this Law Main terms used in this Law: 1) "provisional safeguard duty" means a duty appl ied to imports into the customs territory of the 
Eurasian Economic Union of the product subject to investigation in relation to which during the 
course of an investigation the investigating authority has made a preliminary determination of increased imports that cause or threaten to cause serious injury to a domestic industry of the 
Member States; 
2) "provisional anti-dumping duty" means a duty applied to imports into the customs territory of 
the Eurasian Economic Union of the product subject to investigation in relation to which during the 
course of an investigation the investigating authority has made a preliminary determination of 
dumped imports that cause material injury to a domestic industry of the Member States, threaten to cause material injury or materially retard the establishment of a domestic industry of the 
Member States; 
3) "provisional countervailing duty" means a duty applied to imports into the customs territory of 
the Eurasian Economic Union of the product subject to investigation in relation to which during the course of an investigation the investigating authority has made a preliminary determination of 
subsidized imports that cause material injury to a domestic industry of the Member States, 
threaten to cause material injury or materially retard the establishment of a domestic industry of the Member States; 
4) "previous period" means 3 calendar years immediately preceding the date of filing the 
application for the investigation and for which necessary statistical data is available; 
5) "safeguard duty" means a duty that is applied pursuant to the imposition of a safeguard 
measure and is levied by the customs authorities of  the Member States, irrespective of the import 
customs duty; 
6) "safeguard quota" means an establishment of a particular volume of imports of a product 
imported into the customs territory of the Eurasian Economic Union, below which the product is 
imported into the customs territory of the Eurasian Economic Union without paying a safeguard 
duty, and above which - upon paying a safeguard duty; 
7) "safeguard measure" means a measure to counter increased imports into the customs territory 
of the Eurasian Economic Union that is applied pursuant to a decision of the Eurasian Economic 
Commission by way of imposing an  import quota, a safeguard quot a or a safeguard duty, including 
a provisional safeguard duty; 
8) "related parties" means persons that meet one or more of the following criteria: 
- each of these persons is an employee or he ad of an organization established with the 
participation of another person; 
- persons are business partners, i.e. bound by contractual relations, operate for profit 
and jointly bear the costs and losses associ ated with the implementation of joint 
activities; 
- persons are employers and employees of one organisation; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  - one of them directly or indirectly owns, controls or is a nominee shareholder of 5 or 
more percent of the voting shares or shares of both persons; 
- one of them directly or indirectly controls the other; - both of them are directly or indirectly controlled by a third person; 
- together they directly or indirectly control a third person; 
- persons are in marital relations, kindred relations, or are an adoptive parent and an 
adoptee, as well as a trustee and a ward. 
9) "anti-dumping duty" means a duty that is applie d pursuant to the imposition of an anti-dumping 
measure that is levied by the customs authorities of the Member States, irrespective of an import customs duty; 
10) "anti-dumping measure" means a measure to counteract dumped imports that is applied 
pursuant to the decision of the Eurasian Economic Commission by way of imposing an 
anti-dumping duty, including a provisional anti-d umping duty, or accepting a price undertaking 
from an exporter; 
11) "margin of dumping" means the percentage rati o of the normal value of the product, deducting 
the export price of the product, to its export pr ice, or the difference between the normal value of 
the product and its export price in absolute terms; 
12) "indirect control" is understood as the possibility of a natural person or a legal entity to 
determine the decisions made by a legal entity through a natural person or a legal entity or through a number of legal entities between which there is direct control. 
13) "Eurasian Economic Commission" (hereinafter - Commission) - supranational body carrying out 
activities within the authority provided in the Treaty on the Eurasian Economic Union, ratified by 
the Law of the Republic of Kazakhstan dated Octo ber 14, 2014 "On ratification of the Treaty on the 
Eurasian Economic Union" (hereinafter - the Treaty on the Eurasian Economic Union), and 
international treaties in the framework of the Eurasian Economic Union; 
14) "import quota" means a restriction on importation of the product into the customs territory of 
the Eurasian Economic Union with respect to the quantity and/or value; 
15) "confidential information" is restricted information containing commercial and other secrets 
protected by the law with the exception of state secrets; 
16) "Member States" means States that are members of the Eurasian Economic Union and the 
parties to the Treaty on the Eurasian Economic Union; 
17) "domestic industry of the Member States" means all producers of the like product (for the 
purposes of anti-dumping and countervailing investigations) or of the like or directly competitive product (for the purposes of the safeguard investig ation) in the member States or those of them 
whose share in the total production in the member States respectively of the like product or the 
like or directly competitive product constitutes a significant portion, but not less than twenty-five 
percent; 
18) "threat of serious injury to a domestic industry of the Member States" means imminence of 
serious injury to a domestic industry of the Member States that is confirmed by positive evidence; 
19) "serious injury to a domestic industry of the Member States" means overall impairment in the 
situation related to the production of the like or directly competitive product in the Member States, 
confirmed by positive evidence, that manifests itself in significant impairment in the industrial, 
commercial and financial position of the industry of the Member States, and is generally determined for the previous period; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  20) "material injury to a domestic industry of the Member States" means deterioration in the 
position of the domestic industry of the Member  States, confirmed by positive evidence, which 
may manifest itself, in particular, in a decline in production of the like product in the Member States and sales in the market of the Member States, in a decline in profitability, as well as 
negative effect on the inventories, employment, wages, and the level of investment in the 
domestic industry of the Member States; 
21) "threat of material injury to a domestic in dustry of the Member States" means imminence of 
material injury to a domestic industry of the Member States that is confirmed by positive 
evidence; 
22) "countervailing duty" means a duty that is applied pursuant to the imposition of a 
countervailing measure and is levied by the customs authorities of the Member States, irrespective 
of an import customs duty; 
23) "countervailing measure" means a measure to offset the effect of a specific subsidy of an 
exporting third country on the domestic industry of  the Member States that is applied pursuant to 
the decision of the Commission by way of imposi ng a countervailing duty (including a provisional 
countervailing duty) or accepting voluntary undertakings from an authorized body of the third country granting the subsidy or the exporter; 
24) "ordinary course of trade" means sales of the like product in the market of the exporting third 
country at a price not below the weighted average cost of production defined on the basis of the weighted average costs of production plus weight ed average selling, administrative and general 
costs; 
25) "subsidized imports" means imports into the customs territory of the Eurasian Economic Union 
of a product, whereby a specific subsidy of an exporting third country was used in its production, export and transportation; 
26) "granting authority" means a government authority or a local government authority of an 
exporting third country or a person who acts pursuant to the instruction of the relevant government authority or a local government authority or authorized by the relevant government 
authority or local government authority in accordance with a legal act or based on factual 
circumstances; 
27) "authorized body in the field of foreign trade ac tivities" (hereinafter - the authorized body) is a 
central executive body managing and within the lim its provided by the legislation of the Republic 
of Kazakhstan carrying out inter-sectoral coordination in the field of regulation of foreign trade; 
28) "investigation" means the procedure carried out by the investigating authority prior to the 
introduction of safeguard, anti-dumping and countervailing measures; 
29) "investigating authority" means authority established by the Commission responsible for 
carrying out of safeguard, anti-dumping and countervailing investigations in the customs territory of the Eurasian Economic Union; 
30) "payers" means persons defined in accordance with the Code of the Republic of Kazakhstan 
"On customs affairs in the Republic of Kazakhstan"; 
31) "direct control" is understood as the possibility for a natural person or a legal entity to 
determine the decisions made by the legal entity through one or more of the following actions: 
- exercising of the functi ons of its executive body; 
- receiving the right to determine the conditio ns of the entrepreneurial activity of the 
legal entity; 
- disposal of more than 5 percent of the total number of votes that refer to shares that 
represent authorized (joint) capi tal (fund) of the legal entity. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  32) "directly competitive product" means a product that is comparable with the product subject to 
investigation or with the product that may become the product subject to investigation (review) in its intended use, application, quality or physical characteristics, as well as other main properties so that a consumer substitutes or is willing to substitute it during the consumption with the product 
subject to investigation or the product that may become the product subject to investigation 
(review); 
33) "like product" means a product which is completely identical to the product subject to 
investigation or to the product that may become the product subject to investigation (review), or 
in the absence of such a product, another product that has characteristics closely resembling those of the product subject to investigation or the product that may become the product subject to investigation (review); 
34) "third countries" means countries and/or groups of countries that are not the Members of the 
Eurasian Economic Union, as well as the territories included into the Classifier of Countries of the World that is approved by the Commission; 
35) "export price" means a price that is paid or payable upon importation of a product into the 
customs territory of the Eurasian Economic Union. 
Article 2. Legislation of the Republic of Kazakhstan on application of Safeguard, 
Anti-dumping and Countervailing measures to Third countries 
1. The legislation of the Republic of Kazakhstan  on application of safeguard, anti-dumping and 
countervailing measures to Third countries is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulations of the Republic of Kazakhstan. 
2. If the international treaty ratified by the Republic of Kazakhstan stipulates other rules than 
those provided by this Law then the rules of the international treaty shall prevail. 
Article 3. Scope of this Law 
1. This Law shall apply to the relations connected  with the use of safeguard, anti-dumping and 
countervailing measures to Third countries in order to protect the economic interests of the Republic of Kazakhstan. 
2. This Law shall not apply to relations connected with the provision of services, execution of 
works, the transfer of exclusive rights to inte llectual property or the right to use intellectual 
property, investments, currency and export controls, which are regulated by other legislations of the Republic of Kazakhstan. 
Article 4. Competence of the authorized body 
The authorized body: 1) interacts with the investigating authority on the application of safeguard, anti-dumping and 
countervailing measures; 
2) submit to the investigating authority the proposals to initiate the investigations prior to the 
application of safeguard, anti-dumping and countervailing measures; 
3) coordinates the work of government authorities of the Republic of Kazakhstan for the 
application of safeguard, anti-dumping and countervailing measures; 
4) forms and agrees with the interested government authorities of the Republic of Kazakhstan the 
proposals on the application of safeguard, anti-dumping or countervailing measures; 
5) develops regulations on the application of safe guard, anti-dumping or countervailing measures; 
6) cooperates with the official authorities of other countries and with international organizations; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  7) exercise other powers provided by this Law, other legislations of the Republic of Kazakhstan, 
acts of the President of the Republic of Kaza khstan and the Government of the Republic of 
Kazakhstan. 
Article 5. Decision on the introduction, applic ation, revision, cance llation of safeguard, 
anti-dumping or countervailing measures 
Decisions on the introduction and application, revi sion and cancellation of safeguard, anti-dumping 
or countervailing measures or non-use of the appropriate measures are taken by the Commission. 
Article 6. Calculation, payment and re fund of safeguard, anti-dumping and 
countervailing duties 
Calculation of safeguard, anti-dumping and countervailing duties, origin and termination of the 
obligation to pay these duties, determination of deadlines and order of their payment, transfer, 
distribution and return of safeguard, anti-dumpi ng and countervailing duties are carried out in 
accordance with the procedure stipulated by the Code of the Republic of Kazakhstan "On Customs 
Affairs in the Republic of Kazakhstan" for the import duties. 
Payment, enlistment, distribution and return of provisional safeguard, provisional anti-dumping 
and provisional countervailing duties are carried out in accordance with the Treaty on the Eurasian 
Economic Union. 
Chapter 2. Safeguard measures 
Article 7. General principles for the application of a safeguard measure 1. A safeguard measure may be applied to the product in the case, if the results of the 
investigation establish that the import of products into the customs territory of the Eurasian 
Economic Union is carried out in such increased quantities (in absolute or relative terms to total 
production in the member States of the like or  directly competitive product) and under such 
conditions that it causes serious injury to the do mestic industries of the member States or creates 
a threat of causing such injury. 
2. A safeguard measure shall be applied to a prod uct imported into the customs territory of the 
Eurasian Economic Union from exporting third country, irrespective of the country of its origin, 
except: 
1) products originating in a developing or a least developed third country benefiting from the tariff 
preferences system of the Eurasian  Economic Union as long as the share of imports of the product 
subject to investigation from this country does no t exceed 3 percent of total imports of the product 
subject to investigation into the customs territory of the Eurasian Economic Union, provided that 
the total share of imports from developing and least developed countries, whose individual share 
of imports of the product subject to investigation does not exceed 3 percent of total imports of the 
product subject to investigation into the customs territory of the Eurasian Economic Union, 
collectively account for not more than 9 percent of total imports of the product subject to investigation into the customs territory of the Eurasian Economic Union; 
2) product originating in a Participating State of the Commonwealth of Independent States, which 
is a party to the Treaty on a Free Trade Area ratified by the Law of the Republic of Kazakhstan of 25 October 2012 "On ratification of the Treaty on Free Trade Area" subject to conditions specified in the article 9 of the indicated Treaty.  
Article 8. Determination of Serious Injury or  Threat Thereof to Domestic Industry of 
Member States Caused by Increased Imports 
1. For the purposes of determination of serious inju ry or threat thereof to a domestic industry of 
the Member States caused by increased import s into the customs territory of the Eurasian 
Economic Union, in the course of an investigation the investigating authority shall evaluate all factors of an objective and quantifiable nature wh ich have a bearing on the economic situation of 
the domestic industry of the Member States, including the following: G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  1) the rate and amount of the increase in imports of the product subject to investigation in 
absolute and relative terms to domestic production or consumption of the like or directly competitive product in the Member States; 
2) the share of imported product subject to investigation in the total volume of sales of this 
product and the like or directly competitive product in the market of the member States;  
3) the level of prices of imported product subject to investigation in comparison with the level of 
prices for a like or directly competitive product manufactured in the member States;  
4) changes in the volume of sales of the like or directly competitive product produced in the 
member States in market of the member States; 
5) changes in the volume of production of the lik e or directly competitive product, productivity, 
utilization of capacity, amount of profits and losse s, and the employment in the domestic industry 
of the member States.  
2. Serious injury or threat thereof to a domest ic industry of the Member States caused by 
increased imports shall be determined pursuant to an examination of all relevant evidence and 
information available to the investigating authority. 
3. Along with increased imports, the investigating authority shall examine other known factors, 
which at the same time are causing or threatening to cause serious injury to the domestic industry 
of Member States. Such injury must not be attributed to the serious injury or threat thereof 
caused by increased imports into the customs territory of the Eurasian Economic Union. 
Article 9. The imposition of provisional safeguard duty  
1. In critical circumstances where delay would cause damage to a domestic industry of the 
Member States which it would be difficult to repair, the Commission, before the completion of the 
respective investigation, may take a decision to apply a provisional safeguard duty for a period not exceeding 200 calendar days on the basis of a preliminary determination by the investigating 
authority that there is clear evidence that increa sed imports of the product subject to investigation 
have caused or are threatening to cause serious injury to a domestic industry of the Member 
States. 
The investigation shall be continued in order to obtain the final determination of the investigating 
authority. 
2. Prior to the adoption of the Commission's deci sion to impose provisional safeguard duty, the 
authorized body accords with the interested govern ment authorities of the Republic of Kazakhstan 
a proposal to impose provisional safeguard duty, prepared by the investigating authority on the 
basis of the provisional conclusion. 
3. The investigating authority shall notify in writing the authorized body of the exporting third 
country as well as other interested parties known to it of the possible imposition of a provisional 
safeguard duty. 
4. At the request of the authorized body of the ex porting third country to hold consultations on the 
imposition of a provisional safeguard duty, such consultations shall be initiated after the decision 
to apply a provisional safeguard duty is taken by the Commission. 
5. In cases where, pursuant to an investigation, the investigating authority determines that there 
are no grounds for the imposition of a safeguard measure, or the decision not to apply a safeguard 
measure is taken in accordance with the Article 42 of this Law, the amount of the provisional 
safeguard duty shall be refunded to the payer in  accordance with the Article 6 of this Law. 
6. In cases where, pursuant to an investigation, the decision to apply a safeguard measure 
(including in the form of an import or safeguard quota) is taken, the duration of the provisional 
safeguard duty shall be counted as part of the overall period of application of the safeguard 
measure, and from the date of entry into force of the decision to apply the safeguard measure G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  taken pursuant to an investigation, the amounts of provisional safeguard duty shall be transferred 
and distributed in accordance with the Article 6 of this Law. 
7. In cases where, pursuant to an investigation, it is considered reasonable to impose a safeguard 
duty at a rate less than the provisional safeguard duty, the amounts of the provisional safeguard 
duty equal to the amount of the safeguard duty  calculated on the basis of the established 
safeguard duty rate shall be transferred and distri buted in accordance the Article 6 of this Law. 
The amounts of the provisional safeguard duty, wh ich exceed the amount of the safeguard duty 
calculated based on the established safeguard duty rate shall be refunded to a payer in accordance 
with legislations of the Republic of Kazakhstan. 
8. In cases where, pursuant to an investigation, it is considered reasonable to impose a safeguard 
duty at a rate higher than the provisional safe guard duty, the difference between the amount of 
the provisional safeguard duty and the amount of the safeguard duty shall not be collected. 
9. The decision to impose of a provisional safeguard duty, as a rule, shall be taken not later than 6 
months from the date of the initiation of the investigation. 
Article 10. The application of safeguard measure 
1. A safeguard measure shall be applied pursuant to a decision of the Commission to the extent 
and as long as necessary to prevent or remedy serious injury or threat thereof to a domestic 
industry of the Member States and to facilitate the adjustment of a domestic industry of the 
Member States to changing economic conditions. 
2. Before the Commission takes decision to apply a safeguard measure, authorized body shall 
agree with the interested government authorities of  the Republic of Kazakhstan on a proposal to 
impose safeguard duties, import or safeguard qu ota prepared by the investigating authority. 
3. In cases where a safeguard measure is applied by  way of establishing an import quota, the level 
of such quota shall not be lower than the averag e annual volume of imports of the product subject 
to investigation (in quantitative or in value terms) for the previous period, except in cases where a 
lower level of import quota is necessary to remedy serious injury or threat thereof to a domestic industry of the Member States. 
4. In cases in which an import quota is allocated among exporting third countries, those of them 
having an interest in supplying the product subjec t to investigation to the customs territory of the 
Eurasian Economic Union shall be provided an opportunity to hold consultations on the allocation of import quota among them. 
5. In cases where the conduct of consultations specified in paragraph 4 of this Article is not 
practicable or no agreement on such allocation is reached in the consultations, an import quota shall be allocated among exporting third countries  having an interest in exporting the product 
subject to investigation to the customs territory of the Eurasian Economic Union based upon the 
proportions of this product, imported from these third countries during the previous period, of the 
total quantity or value of imports of such product.  
Any special factors, which may have affected or may be affecting the trade in the product shall be 
taken into account. 
6. In cases where imports of the product subjec t to investigation from certain exporting third 
countries have increased in disproportionate percentage in relation to the total increase of imports 
of such product within 3 years preceding the date of filing the application for the investigation, the 
Commission may allocate an import quota among such exporting third countries, taking into account the absolute and relative increase in imports of this product into the customs territory of 
the Eurasian Economic Union from such exporting third countries.  
The provisions of this paragraph shall be applied only in cases where the investigating authority 
has determined the existence of serious injury to a domestic industry of Member States. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  7. In the cases stipulated by the decision of th e Commission, the allocation of import quotas is 
carried out depending on type of products in resp ect of which the decision on the establishment of 
import quotas was made by the authorized body  and other government authorities within their 
competence. 
8. The procedure for application of a safeguard me asure in the form of an import quota shall be 
determined by the Commission. In cases where such a decision provides for import licensing, licenses shall be issued in accordance with the procedure specified by the legislation of the 
Republic of Kazakhstan on permissions and notifica tions for products for which import quantitative 
restrictions are applied. 
9. In cases where a safeguard measure is applied by way of establishing a safeguard quota, 
determination of level, allocation, and application of such quota shall be carried out in accordance 
with the procedure specified for import quota in paragraphs 1-8 of this Law. 
Article 11. Duration and review of safeguard measure 1. The duration of a safeguard measure shall not exceed 4 years, except for the case where the 
duration of such a measure is extended in a ccordance with paragraph 2 of this Article. 
2. The duration of a safeguard measure specified in paragraph 1 of this Article may be extended 
by a decision of the Commission if, pursuant to a review carried out by the investigating authority 
it is determined that it is necessary to extend the duration of a safeguard measure to remove 
serious injury to a domestic injury of the Member  States or threat thereof and there is evidence 
that the domestic industry of the Member States is adjusting to the changing economic conditions. 
3. If the Commission takes a decision to extend a safeguard measure, such safeguard measure 
shall not be more restrictive than the safeguard measure, which is in force on the date when this 
decision is taken. 
4. In cases where the duration of a safeguard measure exceeds 1 year, the Commission shall 
progressively liberalize such safeguard measure at regular intervals during the period of 
application. 
In cases where the duration of a safeguard measur e exceeds 3 years, not later than the mid-term 
of the measure, the investigating authority shall carry out a review, pursuant to which the 
safeguard measure may be maintained, liberalized or withdrawn. 
For the purposes of this paragraph, liberalization of a safeguard measure shall mean an increase in 
an import quota or a safeguard quota, or a reduction of a safeguard duty rate. 
5. The total period of application of a safeguard measure, including the period of application of a 
provisional safeguard duty and the period for which the duration of a safeguard measure is 
extended, shall not exceed 8 years. 
6. No safeguard measure shall be applied again to the import of a product, which has been subject 
to a safeguard measure for a period of time equal to the period of duration of the previous safeguard measure. The period of such non-app lication of a safeguard measure shall be not less 
than 2 years. 
7. A safeguard measure with a duration of 180 calendar days or less, notwithstanding the 
provisions of paragraph 6 of this Article, may be applied again to the same product if at least 1 year has elapsed since the date of imposition of a previous safeguard measure and a safeguard 
measure has not been applied to such product more  than twice in the five-year period preceding 
the date of imposition of the new safeguard measure. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Chapter 3. Anti-dumping measures 
Article 12. General principles of a pplication of anti-dumping measure 
1. An anti-dumping measure is applied to the prod uct, which is the subject of the dumped imports, 
in case the results of the investigation conducted by the investigating authority was established 
that the import of such product into the customs territory of the Eurasian Economic Union is 
causing material injury to domestic industry of the Member States, threatens to cause such injury or substantial slowdown in creation of domestic industry of the Member States. 
2. A product shall be considered as being dumped if the export price of the product is less than its 
normal value. 
3. The period of investigation for which data is examined for the purpose of determining the 
existence of dumped imports shall be established by the investigating authority. 
This period should normally be 12 months preceding the date of filing the application for 
investigation, for which the statistical data is available, but in any case no less than 6 months. 
Article 13. Determination of margin of dumping 
1. The margin of dumping shall be determined by  the investigating authority on the basis of a 
comparison of: 
1) a weighted average normal value of the produc t with a weighted average export price of the 
product; 
2) normal value of the product with export prices of the product on a transaction-to-transaction 
basis; 
3) weighted average normal value of the product with prices of individual export transactions 
provided that prices of the product differ significantly among different purchasers, regions or time 
periods. 
2. The comparison of export price and normal valu e shall be made at the same level of trade and 
in respect of sales made at as nearly as possible the same time. 
3. In comparing export price with normal value allowances shall be made for differences which 
affect price comparability, including differences in conditions and terms of sale, taxation, levels of 
trade, quantities, physical characteristics, and any other differences which are also demonstrated 
to affect price comparability. 
The investigating authority shall ensure that the allowances for the aforementioned differences do 
not duplicate each other and do not distort the resu lt of the comparison of export price and normal 
value. The investigating authority may request the interested parties to provide information 
necessary to ensure a fair comparison of export price of the product with its normal value. 
4. When there are no sales of the like product in  the ordinary course of trade in the domestic 
market of the exporting third country or when, be cause of the low volume of sales of the like 
product in the ordinary course of trade in the do mestic market of the exporting third country or 
because of the particular market situation in the exporting third country, such sales do not permit 
a proper comparison of export price of the produc t and the price of the like product sold in the 
market of exporting third country, export price of  the product shall be compared either with a 
comparable price of the like product imported fr om the exporting third country into another third 
country (provided that the price of the like prod uct is representative), or with the cost of 
production in the country of origin plus a reasonable amount for administrative, selling and general 
costs and for profits. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  5. In cases where the product is imported into the customs territory of the Eurasian Economic 
Union from a third country which is not the country of origin, the export price for such product shall be compared with the comparable price of the like product in the domestic market of the 
third country. 
The export price of the product may be compared wi th the comparable price of the like product in 
the country of origin if the product is merely transshipped through the third country from which it is exported to the customs territory of the Eurasian Economic Union, or it is not produced in this 
third country, or there is no comparable price for the like product in this third country. 
6. In the cases where the comparison of the expo rt price of the product with its normal value 
requires a conversion of currencies, such conversi on should be made using the official rate of 
exchange on the date of sale. 
In cases where a sale of foreign currency on forward markets is directly linked to the export sale 
involved, the rate of exchange in the forward sale shall be used. 
The investigating authority shall ignore fluctuations in exchange rates and in the course of an 
investigation shall allow exporters at least 60 calendar days to adjust their export prices to reflect 
sustained movements in exchange rates during the period of investigation. 
7. The investigating authority shall, as a rule, determine an individual margin of dumping for each 
known exporter and/or producer of the produc t who has provided the necessary information 
permitting the determination of an individual margin of dumping. 
8. In cases where the investigating authority concludes that it is impracticable to determine an 
individual margin of dumping for each known expo rter and/or producer of the product due to the 
total number of exporters, producers or importers of the product, variety of types of products 
involved, or any other reason, it may limit the determination of an individual margin of dumping to a reasonable number of interested parties or it may determine the margin of dumping in relation 
to samples of the product originating in each exporting third country, which are statistically valid 
on the basis of information available to the investigating authority and which can be investigated without impeding the investigation. 
The selection of interested parties for the purposes of limiting the determination of individual 
margins of dumping shall preferably be made by the investigating authority in consultation with and with the consent of the respective exporters,  producers and importers of the product subject 
to investigation. 
In cases where the investigating authority have limited the determination in accordance with this 
paragraph, it shall also determine an individual margin of dumping for any foreign exporter or foreign producer not initially selected who submits the necessary information permitting the 
determination of an individual margin of dumping in time for that information to be considered, 
except where the number of foreign exporters and/or foreign producers is so large that individual examinations may prevent the timely completion of the investigation by the investigating 
authority. 
Voluntary responses of such foreign exporters and/or foreign producers shall not be discouraged 
by the investigating authority. 
9. In cases where the investigating authority have limited the determination of an individual 
margin of dumping, as provided for in paragraph 8 of this Article, the margin of dumping 
calculated for foreign exporters or foreign produc ers of the dumped product, not selected for the 
determination of an individual margin of dumpin g, who express their consent to be selected and 
submit the necessary information within the estab lished time period, shall not exceed the weighted 
average margin of dumping determined for those selected foreign exporters or foreign producers of the dumped product. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  10. If exporters or producers of the product su bject to investigation do not submit necessary 
information to the investigating authority in a required form and within the established time period, or if submitted information is not verifiable or is inaccurate, the investigating authority may determine the margin of dumping on the basis of the facts available. 
11. Along with the determination of an individu al margin of dumping for each known exporter 
and/or producer of the product who has submitted necessary information permitting the determination of an individual margin of dumping, the investigating authority may determine a 
single margin of dumping for all other exporters and/or producers of the product subject to 
investigation based on the highest margin of dumping determined during the course of the investigation. 
Article 14. Determination of normal value 
1. The investigating authority shall determine normal value on the basis of prices for the like 
product sold in the ordinary course of trade in the domestic market of the exporting third country during the period of investigation to buyers who are not related to the producers and exporters 
that are residents of this third country, for the us e on the customs territory of the exporting third 
country. 
For the purposes of determination of normal value, prices for the like product sold in the domestic 
market of the exporting third country to buyers who are related to the producers and exporters 
that are residents of this third country may be taken into account in cases where it is determined that the relationship does not affect the pricing policy of the foreign producer and/or exporter. 
2. Volume of sales of the like product in the ordina ry course of trade in the domestic market of the 
exporting third country shall be considered as sufficient for the determination of the normal value, 
if such volume constitute not less than 5 percent of the total volume of exports of the product to the customs territory of the Eurasian Economic Union from the exporting third country. 
A lower volume of sales of the like product in the ordinary course of trade should be acceptable for 
the determination of the normal value if the evidence demonstrates that such a volume is sufficient to provide for a proper comparison of th e export price of the product with the price for 
the like product in the ordinary course of trade. 
3. For the purposes of the determination of the normal value of the product in accordance with 
paragraph 1 of this Article, the price for the produc t sold to buyers in the domestic market of the 
exporting third country shall be the weighted average price of the like product sold during the 
period of investigation or the price for the product in individual transactions within this period. 
4. Sales of the like product in the domestic market of the exporting third country or from the 
exporting third country to another third country at prices below per unit costs of production of the 
like product plus administrative, selling and gene ral costs may be disregarded in the determination 
of the normal value only in cases where the investigating authority establishes that within the period of investigation such sales are made in substantial quantities and at prices which do not 
provide for the recovery of all costs within this period. 
5. In cases where the price of the like product, which is below per unit costs of production plus 
administrative, selling and general costs at the time of sale, is above the weighted average per unit costs of production plus administrative, selling and general costs for the period of 
investigation, such price shall be considered to provide for recovery of all costs within the period of 
investigation. 
6. Sales of the like product at prices below per unit costs of production plus administrative, selling 
and general costs are considered as made in substantial quantities in cases where the weighted 
average price of the transactions under consideration for the determination of the normal value is below the weighted average per unit costs of production of the like product plus administrative, 
selling and general costs, or the volume of sales at prices below such per unit costs represents not 
less than 20 percent of the volume sold in transactions under consideration for the determination of the normal value. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  7. Per unit costs of production of the like product plus administrative, selling and general costs 
shall be calculated on the basis of records submi tted by the exporter or producer of the product, 
provided that such records are in accordance with the generally accepted accounting principles and rules of the exporting third country and completely reflect the costs associated with the production 
and sale of the product. 
8. The investigating authority shall consider all available evidence on the proper allocation of costs 
of production, administrative, selling and general costs, including that su bmitted by the exporter 
or producer of the product subject to investigation,  provided that such allocation of costs has been 
normally utilized by the exporter or producer, in particular in relation to establishing appropriate amortization and depreciation periods and allowances for capital expenditures and other development costs. 
9. Costs of production, administrative, selling and general costs shall be adjusted for non-recurring 
items of cost, which benefit production, or for circumstances in which costs during the period of investigation are affected by start-up operations. Such adjustments shall reflect the costs at the 
end of the start-up period or, in cases where the start-up period exceeds the period of 
investigation, at the most recent stage of the start-up period, which is covered by the 
investigation. 
10. The amounts for administrative, selling and general costs and for profits, which are relevant to 
the industry, shall be determined on the basis of ac tual data pertaining to production and sales in 
the ordinary course of trade of the like product, which is provided by the exporter or producer of 
the product subject to investigation.  
When such amounts cannot be determined on this basis, the amounts may be determined 
based on: 
1) the actual amounts incurred and realized by the exporter or producer of the product subject to 
investigation in respect of production and sales in the domestic market of the exporting third 
country of the same category of products; 
2) the weighted average of the actual amounts incurred and realized by other exporters or 
producers in respect of production and sales of the like product in the domestic market of the 
exporting third country; 
3) any other reasonable method, provided that the amount for profit so established shall not 
exceed the profit normally realized by other expo rters or producers on sales of products of the 
same category in the domestic market of the exporting third country. 
11. In case of dumped imports from an exporting third country in which the prices in the domestic 
market are directly regulated by the State or in which the State has a monopoly of its foreign 
trade, the normal value of the product may be determined on the basis of the price or constructed 
value of the like product in an appropriate third country which is comparable for the purposes of the investigation with the exporting third country, or  on the basis of the price of the like product 
when exported from such a third country. 
In cases where the determination of normal value in accordance with this paragraph is not 
possible, the normal value of the product may be determined based on the price paid or payable for the like product on the customs territory of th e Eurasian Economic Union, adjusted for profits. 
Article 15. Determination of export price 
1. The export price of a product shall be determined based on information on sales of the product 
during the period of investigation. 
2. In cases where there is no information on the export price of the dumped product or where the 
investigating authority has reasonable doubts concerning the reliability of the information on the export price of this product because the exporter  and the importer are related parties (including 
the relationship between each of them and the thir d party) or when there is a restrictive business 
practice in the form of a compensatory arrangem ent in relation to the export price for such a G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  product, the export price may be constructed on the basis of the price at which the imported 
product is first resold to an independent buyer, or  if the product is not resold to an independent 
buyer, or not resold in the condition as imported into the customs territory of the Eurasian Economic Union, on such basis as the investigating authority may determine. For the purposes of 
comparison of the export price of the product with its normal value, allowances should be made for 
costs, including customs duties and taxes, in curred between importation and resale, and for 
profits. 
Article 16. Determination of material injury to domestic industry of the Member States 
caused by dumped imports, the threat of such  injury or substantial slowdown in creation 
of the domestic industry of Member Stat es as a result of the dumped imports 
1. Material injury to the domestic industry of the Member States, the threat of such injury or 
significant slowdown in creation of the domestic industry of the Member States caused by the 
dumped imports shall be determined on the basis of the results of an examination of the volume of the dumped imports, the effect of such imports on  prices in the domestic market of the Member 
States for the like product and the impact of such imports on domestic producers of the like 
product in the Member States. 
2. The period of investigation, for which the evidence is examined for the purposes of 
determination of material injury to the domestic industry of the Member States, the threat of such 
injury or significant slowdown in creation of the domestic industry of the Member States caused by dumped imports, shall be established by the investigating authority. 
3. With regard to the examination of the volume of the dumped imports, the investigating 
authority shall consider whether there has been a significant increase in dumped imports of the 
product subject to investigation (in absolute terms or relative to production or consumption of the like product in the Member States). 
4. With regard to the examination of the effect  of the dumped imports on prices for the like 
product on the domestic market of the Member States, the investigating authority shall consider whether: 
1) there has been a significant price undercutting  by the dumped imports as compared with the 
price of the like product in the domestic market of the Member States; 
2) the dumped imports have depressed prices of  the like product in the market of the Member 
States to a significant degree; 
3) the dumped imports have prevented price increa ses for the like product in the market of the 
Member States, which would have occurred in the absence of such imports, to a significant degree. 
5. In cases where imports of a product from more than one exporting third country into the 
customs territory of the Eurasian Economic Unio n are simultaneously subject to anti-dumping 
investigations, the investigating authority may cumulatively assess the effects of such imports only if it determines the following: 
1) the margin of dumping established in relation to the imports from each exporting third country 
is more than de minimis, and the volume of imports from each exporting third country is not negligible as defined in paragraph 2 of Article 34 of this Law; 
2) a cumulative assessment of the effects of the impo rts is appropriate in light of the conditions of 
competition between the imported products and the conditions of competition between the 
imported products and the like domestic product produced in the Member States. 
6. The examination of the impact of the dumped imports on the domestic industry of the Member 
States shall include an evaluation of all relevant economic factors having a bearing on the state of 
the domestic industry of the Member States, including: 
1) the degree of recovery in the economic position of the domestic industry of the Member States 
after the impact of the past dumped or subsidized imports; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  2) actual or potential decline in output, sales, market share in the market of the Member States, 
profits, productivity, return on investments, or utilization of capacity; 
3) factors affecting prices on the market of the Member States; 4) the magnitude of the margin of dumping;  
5) actual or potential negative effect on growth rate of production, inventories, employment, 
wages, ability to raise investments and the financial state. 
One or several factors cannot give decisive guidance for the purposes of determination of material 
i n j u r y  t o  t h e  d o m e s t i c  i n d u s t r y  o f  t h e  M e m b e r  S t a t e s ,  t h e  t h r e a t  o f  s u c h  i n j u r y  o r  s i g n i f i c a n t  
slowdown in creation of the domestic industry of the Member States due to dumped imports. 
7. The demonstration of a causal relationship between the dumped imports and the material injury 
to the domestic industry of the Member States, the threat of such injury or significant slowdown in 
creation of the domestic industry of the Member States shall be based on an examination of all 
relevant evidence and information before the investigating authority. 
8. Along with dumped imports, the investigating authority shall also examine any other known 
factors, which at the same time are causing material injury to the domestic industry of the 
Member States, the threat of such injury or significant slowdown in creation of the domestic industry of the Member States. 
Factors which may be considered as relevant in this respect include, inter alia, the volume and 
prices of imports not sold at dumping prices, contraction in demand or changes in the patterns of consumption, trade restrictive practices, developments in technology, as well as the export performance and productivity of the dome stic industry of the Member States. 
The injury caused by these other factors to the do mestic industry of the Member States must not 
be attributed to the material injury to the domest ic industry of the Member States, the threat of 
such injury or significant slowdown in creation of the domestic industry of the Member States 
caused by the dumped imports into the customs territory of the Eurasian Economic Union. 
9. The effect of the dumped imports on the dome stic industry of the Member States shall be 
assessed in relation to the domestic production of the like product in the Member States when 
available data permit the separate identification of  the production of the like product on the basis 
of such criteria as the production process, pr oducers' sales of the like product and profits. 
In cases where such available data does not permit the separate identification  of the production of 
the like product, the effects of the dumped imports on the domestic industry of the Member States 
shall be assessed in relation to the production of the narrowest group or range of products, which 
includes the like product, for which the necessary information is available. 
10. In making a determination of a threat of material injury to a domestic industry of the Member 
States caused by dumped imports, the investigating authority should consider all the available 
factors, including the following: 
1) the rate of increase of the dumped import s indicating the likelihood of further increased 
importation; 
2) sufficient freely disposable, or an imminent increase in, capacity of the exporter which indicates 
the likelihood of increased dumped imports of this product, taking into account the availability of other export markets to absorb any additional exports of this product; 
3) the level of prices for the product subject to investigation, if such level of prices may have a 
depressing or suppressing effect on domestic prices for the like product in the Member States, and would likely further increase demand for the product subject to investigation; 
4) the exporter's inventories of the product subject to investigation. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  11. The determination of a threat of material inju ry to a domestic industry of the Member States 
shall be made in cases where during the course of the investigation, pursuant to an examination of the factors indicated in paragraph 10 of this Ar ticle, the investigating authority concluded that 
further dumped imports are imminent and that, unle ss an anti-dumping measure is taken, material 
injury to the domestic industry of the Member States caused by such imports would occur. 
Article 17. Imposition of provisional anti-dumping duty 1. If the information, obtained prior to completion of investigation indicates the presence of 
dumped imports and the resulting injury to domest ic industry of the Member States based on the 
report of the investigating authority, which contain a provisional decision on the application of anti-dumping measure by imposing  provisional antidumping duty. 
2. Prior to the decision of Commission on imposition of provisional anti-dumping duty, authorized 
body coordinate with interested government authorities of the Republic of Kazakhstan a proposal 
to impose a provisional anti-dumping duty prepared by the investigating authority based on pre-trial detention.  
3. A provisional anti-dumping duty shall not be imposed sooner than 60 calendar days from the 
date of the initiation of the investigation. 
4. The amount of a provisional anti-dumping duty shall be sufficient to remove injury to the 
domestic industry of the Member States, being not greater than the provisionally estimated margin 
of dumping. 
5. In cases where the amount of a provisional an ti-dumping duty is equal to the amount of the 
provisionally estimated margin of dumping, the period of application of the provisional 
anti-dumping duty shall not exceed 4 months, except  for the case where this period is extended to 
6 months upon the request of exporters represen ting a major percentage of the dumped imports 
subject to investigation. 
6. In cases where the amount of a provisional anti-dumping duty is less than the provisionally 
estimated margin of dumping, the period of applic ation of the provisional anti-dumping duty shall 
not exceed 6 months, expect for the case when this period is extended to 9 months upon the 
request of the exporters representing a major percentage of the dumped imports subject to 
investigation. 
7. In cases where the investigating authority determines, pursuant to an investigation, that there 
are no grounds for the imposition of an anti-dumping measure, or the decision not to apply an 
anti-dumping measure is taken in accordance with  the Article 42 of this Law, the amount of the 
provisional anti-dumping duty shall be refunded to the payer in accordance with the procedure 
specified in legislations of the Republic of Kazakhstan. 
8. In cases where, pursuant to an investigation, the decision to apply an anti-dumping measure is 
taken on the basis of a threat of material injury to a domestic industry of the Member States or 
material retardation of the establishment of a domestic industry of the Member States, the 
amounts of the provisional anti-dumping duty shall be refunded to the payer in accordance with 
the procedure specified in the Article 6 of this Law. 
9. In cases where, pursuant to an investigation, the decision to apply an anti-dumping measure is 
taken on the basis of material injury to a domestic industry of the Member States or a threat of 
such injury (provided that the non-imposition of a provisional anti-dumping duty would have led to 
a determination of material injury to the domestic  industry of the Member States), from the date 
of entry into force of the decision to apply the anti-dumping measure, the amounts of the 
provisional anti-dumping duty shall be transferred and distributed in accordance with Article 6 of 
this Law, taking into account the provisions of paragraphs 10 and 11 of this Article. 
10. In cases where, pursuant to an investigation, it is considered reasonable to impose an 
anti-dumping duty at a rate less than the provisional anti-dumping duty, the amounts of the 
provisional anti-dumping duty equal to the amount  of the anti-dumping duty calculated on the G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  basis of the established anti-dumping duty rate sh all be transferred and distributed in accordance 
with the Article 6 of this Law. 
The amounts of the provisional anti-dumping duty , which exceed the amount of the anti-dumping 
duty calculated on the basis of the established an ti-dumping duty rate shall be refunded to the 
payer in accordance with legislations of the Republic of Kazakhstan. 
11. In cases where, pursuant to an investigation, it is considered reasonable to impose an 
anti-dumping duty at a rate higher than the pr ovisional anti-dumping duty, the difference between 
the anti-dumping duty and the provisional an ti-dumping duty shall not be collected. 
12. A provisional anti-dumping duty shall be app lied subject to the simultaneous continuation of 
the investigation. 
13. The decision to impose of a provisional anti-dumping duty, as a rule, shall be taken not later 
than 7 months from the date of the initiation of the investigation. 
Article 18. Acceptance of price undertakings  from exporter of the product subject to 
investigation 
1. The investigating authority may suspend or terminate the investigation without the imposition 
of a provisional anti-dumping duty or an anti-d umping duty upon receipt of price undertakings 
from an exporter of the product subject to investigation to revise its prices for this product or to 
cease exports to the customs territory of the Eurasian Economic Union at prices less than its 
normal value (if there are parties related to the exporter in the Member States, applications indicating their support of the undertakings shall also be required from these parties), if the 
investigating authority concludes that these undertakings will remove the injury caused by 
dumped imports, and the decision to accept them is taken. 
The level of prices for the product under such und ertakings shall not be higher than necessary to 
offset the margin of dumping. 
The price increase may be less than the margin of dumping, if such price increase is adequate to 
remove the injury to the domestic industry of the Member States. 
2. The decision to accept price undertakings shall not be taken until the investigating authority has 
made a preliminary affirmative determination of dumped imports and injury caused by such 
imports to a domestic industry of the Member States. 
3. Prior to the decision of Commission to approve the price undertakings, authorized body 
coordinate with interested government authoritie s of the Republic of Kazakhstan a proposal to 
approve the price undertakings specified in para graph 1 of this Article, prepared by the 
investigating authority based on pre-trial detention. 
4. The decision to accept price undertakings shall not be taken if the investigating authority 
concludes that their acceptance is impractical because the number of actual or potential exporters 
of the product subject to investigation is too great, or for other reasons. 
Where practicable, the investigating authority sh all provide to the exporters the reasons why the 
acceptance of their undertakings was considered as  impractical, and shall give the exporters an 
opportunity to make comments thereon. 
The investigating authority shall send to each exporter from whom price undertakings have been 
accepted a request for a non-confidential version thereof so that it may be made available to 
interested parties. 
5. Price undertakings may be suggested to the ex porter by the investigating authority, but no 
exporter shall be forced to enter into such undertakings. 
6. In cases where price undertakings are accepted, the anti-dumping investigation may be 
continued upon request of the exporter of the product or if the investigating authority so decides. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  In cases where, pursuant to an investigation, the investigating authority makes a negative 
determination of dumped imports or injury caused by such imports to a domestic industry of the 
Member States, the price undertakings from the expo rter shall automatically lapse, except in cases 
where such a determination is due in large part to the existence of such undertakings. In cases 
where such a determination is due in large part to the existence of price undertakings, the decision 
that such undertakings shall be maintained for a ne cessary period of time in accordance with the 
paragraph 2 Article 20 of this Law.  
7. In cases where, pursuant to an investigation,  the investigating authority makes an affirmative 
determination of dumped imports and injury caused by such imports to a domestic industry of the 
Member States, the price undertakings from the exporter shall remain in force, consistent with their terms and the provisions of this Law. 
8. The investigating authority may require the exporter from whom the price undertakings have 
been accepted to provide information relevant to  the fulfilment of the price undertakings and to 
permit verification of this information. 
Failure to provide requested information within the period established by the investigating 
authority and to permit verification of this information shall be construed as a violation of the price undertakings by the exporter. 
9. In case of violation or withdrawal of price und ertakings by the exporter, the decision to apply an 
anti-dumping measure by way of imposing a provisional anti-dumping duty (if the investigation has not been concluded yet) or an anti-dumping duty (if the final results of the investigation indicate that there are grounds for such imposition) is taken. 
In case of violation of price undertakings by an exporter from which such undertakings were 
accepted, the exporter shall be given an opportunity to make comments on such a violation. 
10. The decision to accept price undertakings shall set out a provisional anti-dumping duty rate or 
an anti-dumping duty rate, which may be imposed in  accordance with paragraph 9 of this Article. 
Article 19. Imposition and application of anti-dumping duty 1. An anti-dumping duty shall be applied to a pr oduct from all exporters found to be dumped and 
causing injury to a domestic industry of the Member States, except for a product from those 
exporters from which price undertakings have been accepted in accordance with Article 18 of this Law. 
2. Prior to the decision of Commission on imposition of anti-dumping duty, authorized body 
coordinate with interested government authoritie s of the Republic of Kazakhstan a proposal to 
impose anti-dumping duty prepared by the investigating authority. 
3. The amount of an anti-dumping duty shall be adequate to remove the injury to the domestic 
industry of the Member States but shall not exceed the margin of dumping. 
The Commission may take a decision to impose an anti-dumping duty, which is less than the 
margin of dumping if such duty is adequate to remove the injury to the domestic industry of the 
Member States. 
4. An individual anti-dumping duty rate shall be  established in respect of the product from each 
exporter or producer of the imported dumped pr oduct for whom the individual margin of dumping 
has been determined. 
5. Along with an individual margin of dumping in dicated in paragraph 4 of this Article, a single 
anti-dumping duty rate shall be established on th e product from all other exporters or producers of 
the product from the exporting third country for whom the individual margin of dumping has not 
been determined, on the basis of the highest marg in of dumping established in the course of the 
investigation. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  6. An anti-dumping duty may be applied to products, which were placed, not more than 90 
calendar days prior to the date of imposition of a provisional anti-dumping duty, under a customs procedure that is conditional on the payment of anti-dumping duties if the investigating authority, pursuant to an investigation, has simultaneously determined for this product the following: 
1) there is a history of dumped imports which caused injury or that the importer was, or should 
have been, aware that the exporter supplies a pr oduct at a price less than its normal value and 
that such imports would cause injury to a domestic industry of the Member States; 
2) the injury to a domestic industry of the Member States is caused by massive dumped imports in 
a relatively short time which in light of the timing and the volume and other circumstances (including a rapid build-up of inventories of the imported product) is likely to seriously undermine the remedial effect of the anti-dumping duty to be imposed, provided that the importers of this 
product have been given an opportunity to comment before the completion of the investigation. 
7. After the date of the initiation of the investigation, the investigating authority shall publish a 
notice on possible application of an anti-dumping duty to the product subject to investigation in 
accordance with paragraph 6 of this Article on Internet source of Eurasian Economic Union. 
The decision to publish such a notice shall be taken by the investigating authority upon request of 
a domestic industry of the Member States, which contains sufficient evidence that the conditions 
specified in paragraph 6 of this Article are fulfilled, or at the initiative of the investigating authority 
in cases where such evidence is available to the investigating authority. 
Anti-dumping duty shall not be applied to products, which were placed under a customs procedure 
that is conditional on the payment of anti-dumping duties before the official publication of a notice 
specified in this paragraph. 
Article 20. Duration and review of anti-dumping measure 1. An anti-dumping measure shall be applied to the extent and as long as necessary to remove 
injury to a domestic industry of the Me mber States caused by dumped imports. 
2. The duration of an anti-dumping measure sh all not exceed 5 years from the date of the 
application of such measure or from the date of the conclusion of a review that was carried out on 
the basis of a change in circumstances and conc erned both the examination of dumped imports 
and the injury to a domestic industry of the Me mber States caused by the dumped imports, or 
from the date of the conclusion of an expiry review. 
3. An expiry review shall be initiated upon a written application filed in accordance with the 
Article 32 of this Law, or at the initiative of the investigating authority. 
An expiry review shall be initiated when the app lication contains evidence that the dumped imports 
and the injury to the domestic industry of the Memb er States would be likely to recur or continue if 
the anti-dumping measure were removed. 
The application for an expiry review shall be file d not later than 6 months prior the expiry of the 
anti-dumping measure. 
A review shall be initiated prior to the expiry of an anti-dumping measure and concluded within 
12 months from the date of the initiation of the review. 
Prior to the completion of a review carried out in accordance with this paragraph, the period of 
application of the anti-dumping measure shall be extended. During the period for which the 
application of the respective anti-dumping measur e is extended, in accordance with the procedure 
established for the collection of provisional anti -dumping duties, anti-dumping duties shall be 
levied at the rate established for the anti-dumping measure, whose duration is subject to 
extension.  
In cases where, pursuant to an expiry review, the investigating authority establishes that there are 
no grounds for the application of an anti-dumping measure, or the decision not to apply an G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  anti-dumping measure is taken in accordance with  the Article 42 of this Law, the amounts of the 
anti-dumping duty levied in accordance with the procedure established for the collection of 
provisional anti-dumping duties, during the period  for which the application of the anti-dumping 
measure is extended, shall be refunded to the paye r in accordance with the Article 6 of this Law. 
Duration of an anti-dumping measure shall be ex tended in cases where, pursuant to an expiry 
review, the investigating authority establishes the likelihood of recurrence or continuation of dumped imports and injury to the domestic industry  of the Member States. From the date of entry 
into force of the decision to extend the period of application of an anti-dumping measure, the 
amounts of anti-dumping duties levied in accordance with the procedure established for the collection of provisional anti-dumping duties, during the period for which the application of the anti-dumping measure is extended shall be tran sferred and distributed in accordance with the 
Article 6 of this Law. 
4. For the purposes of determination whether the continued application of an anti-dumping 
measure is reasonable and/or for the purposes of reviewing the measure due to changed 
circumstances (including a review of an individu al anti-dumping duty rate), a review may be 
initiated upon an application by an interested party or at the initiative of the investigating authority, provided that at least 1 year has el apsed since the imposition of an anti-dumping 
measure. 
Depending on the purposes of filing an application for a review such an application shall include 
evidence that due to changed circumstances: 
1) continued application of the anti-dumping measure is no longer necessary to offset dumping 
and remove injury to the domestic industry of the Member States caused by the dumped imports; 
2) existing amount of an anti-dumping measure exceeds the amount sufficient to offset dumping 
and remove the injury to the domestic industry  of the Member States caused by the dumped 
imports; 
3) existing anti-dumping measure is insufficient to offset dumping and remove injury to the 
domestic industry of the Member States caused by the dumped imports. 
A review carried out in accordance with this paragraph shall be concluded within 12 months from 
the date of the initiation of the review. 
5. A review may also be carried out for the purp oses of determining an individual margin of 
dumping for an exporter or producer who did not export the product subject to investigation 
during the original period of investigation.  
Such review may be initiated by the investigat ing authority in cases where such exporter or 
producer files an application which includes eviden ce that the exporter or producer of the product 
is not related to the exporters or producers subj ect to the anti-dumping measure, and that this 
exporter or producer exports the product subject to investigation to the customs territory of the 
Eurasian Economic Union or is bound by contractual obligations to export substantial volumes of 
this product to the customs territory of the Eurasian Economic Union of such kind that their 
termination or withdrawal will lead to significant losses or substantial penalties for this exporter or producer of the product. 
While a review is being carried out for the purposes of determining an individual margin of 
dumping for an exporter or producer of the pr oduct subject to investigation to the customs 
territory of the Eurasian Economic Union, this ex porter or producer shall not pay the anti-dumping 
duty until, pursuant to the review, a decision is taken. A security for the anti-dumping duty shall 
be provided for imports of such product into the customs territory of the Eurasian Economic Union 
during the review in accordance with the procedur es specified in the Customs Code of the Eurasian 
Economic Union, taking into account the particularities set out in this paragraph. 
The security shall take the form of liquid funds (money) in the amount of the anti-dumping duty 
calculated on the basis of a single anti-dumping  duty rate established in accordance with the 
Article 6 of this Law. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  In cases where, pursuant to a review, a decision to apply an anti-dumping measure is taken, an 
anti-dumping duty shall be paid for the period within which such review was carried out. The 
amount of the security, from the date on which, pursuant to the review, the decision to apply an anti-dumping measure enters into fo rce, shall form part of the payment of an anti-dumping duty in 
the amount determined on the basis of the esta blished anti-dumping duty rate, and shall be 
transferred and distributed in accordance with the Article 6 of this Law, taking into account the 
provisions of this paragraph. 
In cases where, pursuant to a review, it is considered appropriate to impose an anti-dumping duty 
at a rate higher than the amount estimated for the purposes of the security, the difference shall not be collected. 
The amount of a security that is higher than th e amount of the anti-dumping duty calculated on 
the basis of the established anti-dumping duty rate  shall be refunded to the payer in accordance 
with the Article 6 of this Law.  
A review under this paragraph shall be carried ou t expeditiously within a period of 12 months.  
6. Provisions of Chapter 5 of this Law concerning  the evidence and the conduct of an anti-dumping 
investigation shall apply mutatis mutandis to reviews specified in paragraphs 1-7 of this Article. 
7. Provisions of the paragraphs 1-6 of this Article shall apply mutatis mutandis to price 
undertakings from an exporter in accordance with the Article 18 of this Law. 
Article 21. Circumvention of Anti-Dumping Measure 
1. Circumvention of an anti-dumping measure shall be understood as a change in the mode of 
supply in order to evade the payment of an an ti-dumping duty or the fulfilment of price 
undertakings accepted from the exporter. 
2. An anti-circumvention review may be initiated upon an application by an interested party or at 
the initiative of the investigating authority. 
3. The application indicated in paragraph 2 of this Article shall include evidence of: 
1) circumvention of an anti-dumping measure; 2) the undermining of the remedial effect of  the anti-dumping measure, as a result of 
circumvention, and its impact on the volume of production and/or sales, and/or on prices for the 
like product in the domestic market of the Member States; 
3) the existence of dumped imports of the produc t (parts and/or modifications of such product). 
The normal value of the product, parts or modi fications thereof shall be their normal value 
determined in the course of an investigation pursuant to which the anti-dumping measure was 
imposed, appropriately adjusted for the purposes of comparison. 
4. The anti-circumvention review shall be concluded within 9 months from the date of the initiation 
of the review. 
5. For the period of a review carried out in accordance with this Article an anti-dumping duty 
maybe imposed, which shall be levied in accordance with the procedure established for the 
collection of provisional anti-dumping duties, on parts and/or modifications of the dumped product 
imported into the customs territory of the Eurasian Economic Union from the exporting third country, and on the dumped product, and/or parts and/or modifications thereof imported into the 
customs territory of the Eurasian Economic Union from any other exporting third country. 
6. In cases where, pursuant to a review carri ed out in accordance with this Article, the 
investigating authority has not determined circumvention of an anti-dumping measure, the amounts of the anti-dumping duty paid pursuant  to this Article and in accordance with the 
procedure established for the collection of provisional anti-dumping duties, shall be refunded to 
the payer in accordance with the Article 6 of this Law. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  7. In cases where, pursuant to a review carried out in accordance with this Article, circumvention 
of an anti-dumping measure has been determined , an anti-dumping measure maybe extended to 
parts and/or modifications of the product that was dumped which are imported into the customs 
territory of the Eurasian Economic Union from th e exporting third country, and to the product that 
was dumped, and/or parts and/or modifications ther eof imported into the customs territory of the 
Eurasian Economic Union from any other exporting third country. From the date of entry into force of the decision to impose an anti-dumping meas ure indicated in this paragraph, the amounts of 
anti-dumping duties paid in accordance with the procedure established for the collection of 
provisional anti-dumping duties shall be transf erred and distributed in accordance with the 
Article 6 of this Law. 
IV. Countervailing measures 
Article 22. General principles for the use of countervailing measures 
Countervailing measure may be applied to imported goods in the process of production, export or 
transportation of which is used a specific subsidy of the exporting third country, if the results of 
the investigation conducted by the investigating authority established that the import of such 
product into the customs territory of the Eurasian Economic Union causes material injury to domestic industries of the Member States and poses a threat of causing such injury or substantial 
slowdown in creation of domestic industry of the Member States.  
Article 23. Subsidies Subsidies shall mean: 1) a financial contribution by a granting authority conferring a benefit on the recipient of a 
subsidy, rendered within the territory of an exporting third country, including in the form of: 
- a direct transfer of funds (including grants, loans, and equity infusion) or potential 
direct transfers of funds or liabilities (including loan guarantees); 
- government revenue of a third exporting country that is otherwise due is foregone or 
not collected (including the provision of tax credits), excluding the exemption of an exported product from taxes and duties levied on the like product destined for 
domestic consumption, or excluding reduction or refund of such taxes or duties in the 
amounts not exceeding the amounts actually paid; 
- provision of concessionary or free goods or services, excluding goods and services 
intended to maintain and develop general infrastructure, i.e. the infrastructure that is 
not related to a specific producer and/or exporter; 
- preferential purchase of goods. 
2) any form of income or price support conferring a benefit on the recipient of a subsidy which 
operates directly or indirectly to increase exports of a product from an exporting third country or 
to reduce imports of the like product into this third country. 
Article 24. Principles of determining specif icity of subsidy of exporting third country 
1. A subsidy of an exporting third country shall be specific if access to a subsidy is limited to 
certain enterprises by the granting authority or by the legislation of an exporting third country. 
Certain enterprises shall mean a producer and/or an  exporter, or an industry  of an exporting third 
country, or a group (union, association) of producers and/or exporters or industries of an 
exporting third country. 
A subsidy, which is limited to certain enterprises located within a designated geographical region 
within the jurisdiction of the granting authority, shall be specific. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  2. A subsidy shall not be specific if the legislation of an exporting third country or the granting 
authority establishes general objective criteria or conditions, which govern the eligibility for, and the amount of, a subsidy (including number of employees engaged in the production process or 
the volume of output) and are strictly adhered to. 
3. In any case, a subsidy of an exporting third count ry shall be specific if the granting of such a 
subsidy is accompanied by: 
1) the use of a subsidy by a limited number of certain enterprises; 
2) the predominant use of a subsidy by certain enterprises; 
3) the granting of disproportionately large amounts of subsidy to certain enterprises; 4) the preferential manner in which discretion is ex ercised by the granting authority in the decision 
to grant a subsidy to certain enterprises. 
4. Any subsidy of exporting third country is a specific subsidy, if:  
1) a subsidy is contingent, in the law of an exporting third country or in fact, whether solely or as 
one of several other conditions, upon export pe rformance. A subsidy shall be deemed to be 
contingent in fact upon export performance if the granting of a subsidy, without having been made 
contingent upon export performance in the law of an exporting third country, is in fact tied to actual or potential exportation of a product or export earnings. The mere fact that a subsidy is 
granted to enterprises, which export, shall not for that reason alone mean a subsidy contingent 
upon export performance within the meaning of this paragraph; 
2) a subsidy is contingent, in the law of an exporting third country or in fact, whether solely or as 
one of several other conditions, upon the use of domestic over imported goods. 
Article 25. Principles of calculation of amount of specific subsidy 
1. The amount of a specific subsidy shall be calculated based on the benefit to the recipient of such 
subsidy. 
2. The amount of the benefit to the recipient of a specific subsidy shall be calculated based on the 
following principles: 
1) equity capital by the granting authority shall not be considered as conferring a benefit, unless 
such equity capital can be regarded as inconsistent with the usual investment practice (including 
for the provision of risk capital) in the territory of the exporting third country; 
2) a loan by a granting authority shall not be considered as conferring a benefit if there is no 
difference between the amount that the firm receiv ing the loan pays on the government loan and 
the amount the firm would pay on a comparable commercial loan which the firm could actually 
obtain on the loan market of the exporting third country. Otherwise, the benefit shall be the difference between these two amounts; 
3) a loan guarantee by a granting authority shall not be considered as conferring a benefit if there 
is no difference between the amount that the firm receiving the guarantee pays on a loan 
guaranteed by the granting authority and the amount that the firm would pay on a comparable 
commercial loan absent the government guarantee.  Otherwise, the benefit shall be the difference 
between these two amounts adjusted for any differences in fees; 
4) the provision of goods or services or purchase  of goods by a granting authority shall not be 
considered as conferring a benefit, unless the provision of goods or services is made for less than 
adequate remuneration, or the purchases is ma de for more than adequate remuneration. The 
adequacy of remuneration shall be determined in relation to existing market conditions for purchase and sale of these goods and services in the exporting third country, including price, 
quality, availability, marketability, transportation and other conditions of purchase or sale of the 
good. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Article 26. Determination of injury to domestic  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 
1. Injury to a domestic industry of the Member  States caused by subsidized imports shall be 
determined based on examination of the volume of the subsidized imports, the effect of such imports on prices in the domestic market of the Member States for the like product and the impact 
of such imports on domestic producers of the like product in the Member States. 
2. The period of investigation, for which the evidence is examined for the purposes of 
determination of injury to the domestic industry of the Member States caused by subsidized imports, shall be established by the investigating authority. 
3. With regard to the examination of the volume of the subsidized imports, the investigating 
authority shall consider whether there has been a significant increase in subsidized imports of the product subject to investigation (in absolute terms or relative to production or consumption of the 
like product in the Member States). 
4. In cases where subsidized imports of a product from more than one exporting third country into 
the customs territory of the Eurasian Economic Union are simultaneously subject to investigations, 
the investigating authority may cumulatively assess the effects of such imports only if it 
determines the following: 
1) the amount of subsidization established in relation to the imports from each exporting third 
country for that product is more than 1 percent of its value, and the volume of imports from each 
exporting third country is not negligible in accordance with paragraph 4 Article 35 of this Law; 
2) a cumulative assessment of the effects of the su bsidized imports is appropriate in light of the 
conditions of competition between the imported products and the conditions of competition 
between the imported products and the like domestic product produced in the Member States. 
5. With regard to the examination of the effect of the subsidized imports on prices for the like 
product in the domestic market of the Member States, the investigating authority shall consider 
whether: 
1) there has been a significant price undercutting by the subsidized imports as compared with the 
price of the like product in the domestic market of the Member States; 
2) the subsidized imports have depressed prices of  the like product in the domestic market of the 
Member States to a significant degree; 
3) the subsidized imports have prevented price increases of the like product in the domestic 
market of the Member States, which would have occurred in the absence of such imports, to a 
significant degree. 
6. The examination of the impact of the subsidized imports in the domestic industry of the Member 
States shall include an evaluation of all relevant economic factors having a bearing on the state of 
the industry of the Member States, including: 
1) actual or potential decline in output, sales, market share, profits, productivity, return on 
investments, or utilization of capacity; 
2) factors, affecting domestic prices; 
3) actual or potential negative effects on cash  flow, inventories, employment, wages, growth, 
ability to raise investments. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  7. The effect of the subsidized imports on the do mestic industry of the Member States shall be 
assessed in relation to the domestic production of the like product in the Member States when available data permit the separate identification of  the production of the like product on the basis 
of such criteria as the production process, pr oducers' sales of the like product and profits. 
If such available data does not permit the separa te identification of the production of the like 
product, the effects of the subsidized imports on the domestic industry of the Member States shall 
be assessed in relation to the production of the narrowest group or range of products, which 
includes the like product, for which the necessary information is available. 
8. In making a determination of a threat of material injury to a domestic industry of the Member 
States caused by subsidized imports, the investigating authority should consider any available factors, including the following: 
1) nature, the amount of the subsidy or subsidies and the trade effects likely to arise therefrom; 
2) the rate of increase of subsidized imports in the domestic market indicating the likelihood of 
substantially increased importation; 
3) sufficient freely disposable, or an imminent increase in, capacity of the exporter indicating the 
likelihood of increased subsidized imports, taking into account the availability of other export markets to absorb any additional exports; 
4) prices for the product subject of subsidized imports, whether such prices will have depressing or 
suppressing effect on the prices of the like prod uct at the domestic market of the Member States, 
and would likely increase demand for further subsidized imports; 
5) the exporter's inventories of the imported subsidized product. 
9. The determination of a threat of material injury to a domestic industry of the Member States 
shall be made in cases where during the course of the investigation, pursuant to an examination of the factors set out in paragraph 9 of this Article, the investigating authority concluded that further 
subsidized imports are imminent and that, unless countervailing measures are taken, material 
injury to the domestic industry of the Member States caused by such imports would occur. 
10. The demonstration of a causal relationship be tween the subsidized imports and the injury to 
the domestic industry of the Member States shal l be based on an examination of all relevant 
evidence and information before the investigating authority. 
11. The investigating authority shall also examine any known factors other than the subsidized 
imports, which at the same time are injuring the domestic industry. 
The injury caused by these other factors to the do mestic industry of the Member States must not 
be attributed to the injury to the domestic indust ry of the Member States caused by the subsidized 
imports into the customs territory of the Eurasian Economic Union. 
Article 27. Imposition of provisional countervailing duty 
1. In cases where the evidence received by the in vestigating authority before the conclusion of the 
investigation indicates that there are subsidized imports and that there is injury to a domestic 
industry of the Member States caused by such imports, the Commission shall take a decision to 
apply a countervailing measure by way of imposing a provisional countervailing duty for a period not exceeding 4 months to prevent injury being ca used to the domestic industry of the Member 
States by the subsidized imports during the investigation. 
2. Prior to the decision of Commission on imposition a provisional countervailing duty authorized 
body shall coordinate with interested government authorities of the Republic of Kazakhstan a proposal to impose a provisional countervailing du ty prepared by the investigating authority based 
on pre-trial detention. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  3. A provisional countervailing duty shall not be imposed sooner than 60 calendar days from the 
date of the initiation of the investigation. 
4. The amount of a provisional countervailing duty shall be equal to the provisionally calculated 
amount of subsidization per unit of the subsidized and exported product. 
5. In cases where the investigating authority determines that there are no grounds for the 
imposition of a countervailing measure, or the decision not to apply a countervailing measure is taken in accordance with the Article 42 of this Law, the amounts of the provisional countervailing 
duty shall be refunded to the payer in accordan ce with the legislations of the Republic of 
Kazakhstan. 
6. In cases where, pursuant to an investigation,  the decision to apply a countervailing measure is 
taken on the basis of a threat of injury or materi al retardation of the establishment of a domestic 
industry of the Member States, the amounts of  the provisional countervailing duty shall be 
refunded to the payer in accordance with the Article 6 of this Law. 
7. In cases where, pursuant to an investigation,  the decision to apply a countervailing measure is 
taken on the basis of material injury to a domestic industry of the Member States or a threat 
thereof (provided that the non-imposition of a provisional countervailing duty would have led to a determination of material injury to the domestic industry of the Member States) from the date of 
entry into force of the decision to apply the countervailing measure, the amounts of the provisional 
countervailing duty shall be transferred and distri buted in accordance with the procedure specified 
in the Article 6 of this Law, taking into account the provisions of paragraphs 8 and 9 of this Article. 
8. In cases where, pursuant to an investigation, it is considered reasonable to impose a 
countervailing duty at a rate less than the provisional countervailing duty, the amounts of the 
provisional countervailing duty equal to the amount of the countervailing duty calculated based on the established countervailing duty rate shall be tr ansferred and distributed in accordance with the 
Article 6 of this Law. 
The amounts of the provisional countervailing duty , which exceed the amount of the countervailing 
duty calculated on the basis of the established co untervailing duty rate shall be refunded to the 
payer in accordance with the legislations of the Republic of Kazakhstan. 
9. In cases where, pursuant to an investigation, it is considered reasonable to impose a 
countervailing duty at a rate higher than the provisional countervailing duty, the difference between the countervailing duty and the provisional countervailing duty shall not be collected. 
10. A provisional countervailing duty shall be appl ied subject to the simultaneous continuation of 
the investigation. 
11. The decision to impose a provisional countervailing duty, as a rule, shall be taken not later 
than 7 months from the date of the initiation of the investigation. 
Article 28. Acceptance of vo luntary undertakings from subsidizing Third country or 
exporter of product subject to investigation 
1. The investigation may be suspended or terminat ed without the imposition of a countervailing 
duty if the Commission takes a decision to accept one of the following voluntary undertakings (in writing) received by the investigating authority: 
1) the exporting third country agrees to eliminate or limit the subsidy or take other measures 
concerning its effects; 
2) the exporter of the product subject to investigat ion agrees to revise its prices for such product 
(if there are parties related to the exporter in th e Member States, then to ensure support of these 
parties of the undertaking of the exporter to revise prices) so that, as a result of an examination of 
the price undertakings from the exporter, the invest igating authority concludes that such voluntary 
undertakings will eliminate the injury to the domestic industry of the Member States. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  The increase of the price for the product subject to  investigation under such undertakings shall not 
be higher than the amount of a specific subsidy in the exporting third country calculated per unit of the subsidized and exported product. 
The increase of the price for the product subject to  investigation may be less than the amount of a 
specific subsidy of the exporting third country calculated per unit of the subsidized and exported 
product if such increase is adequate to remove the injury to the domestic industry of the Member States. 
2. Prior to the decision of Commission on the approval of voluntary commitments the authorized 
body coordinate with interested government authorities of the Republic of Kazakhstan proposal on the endorsement of voluntary commitments indicated in paragraph 1 of this article prepared by the investigating authority. 
3. The decision to accept voluntary undertakings  shall not be taken by the Commission until the 
investigating authority has made a preliminary affirmative determination of subsidized imports and injury caused by such imports to a domestic industry of the Member States. 
The decision to accept voluntary undertakings from the exporter of the product subject to 
investigation shall not be taken by the Commission unless it has obtained the consent of the authorized body of the exporting third country for the acceptance of undertakings from the 
exporters specified in subparagraph 2 of paragraph 1 of this Article. 
4. The decision to accept voluntary undertakin gs shall not be taken by the Commission if the 
investigating authority concludes that their acceptance is impractical because the number of actual or potential exporters of the product subject to investigation is too great, or for other reasons. 
Where practicable, the investigating authority sh all provide to the exporters the reasons why the 
acceptance of their undertakings was considered as  impractical, and shall give the exporters an 
opportunity to make comments thereon. 
5. The investigating authority shall send to each exporter and to the authorized body of the third 
exporting country from whom voluntary underta kings have been accepted a request for a 
non-confidential version thereof so that it may be made available to interested parties. 
6. Voluntary undertakings may be suggested to the exporting third country or the exporter of the 
product subject to investigation by the investigat ing authority, but no exporting third country or 
exporter shall be forced to enter into such undertakings. 
7. In cases where the Commission takes a decision to accept voluntary undertakings, the 
countervailing investigation may be continued upon request of the exporting third country or if the 
investigating authority so decides. 
In cases where, pursuant to an investigation, the investigating authority makes a negative 
determination of subsidized imports or injury caused by such imports to a domestic industry of the 
Member States, the voluntary undertakings from the exporting third country or exporters shall automatically lapse, except in cases where such  a determination is due in large part to the 
existence of such undertakings. In cases where su ch a determination is due in large part to the 
existence of voluntary undertakings, the Commission may take a decision that such undertakings be maintained for a necessary period of time. 
8. In cases where, pursuant to an investigation,  the investigating authority makes an affirmative 
determination of subsidized imports and injury caused by such imports to a domestic industry of 
the Member States, the voluntary undertakings shall remain in force, consistent with their terms and the provisions of this Law. 
9. The investigating authority may require the expo rting third country or the exporter from whom 
voluntary undertakings have been accepted by the Commission to provide information relevant to the fulfilment of the voluntary undertakings and to permit verification of this information. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Failure to provide requested information within the period established by the investigating 
authority and to permit verification of this information shall be deemed as a violation of the voluntary undertakings by the exporting third country or the exporter. 
10. In case of violation or withdrawal of volunt ary undertakings by the exporting third country or 
the exporter, the Commission may take a decision to apply a countervailing measure by way of 
imposing a provisional countervailing duty, if the investigation has not been concluded yet, or a countervailing duty, if the final results of the investigation indicate that there are grounds for such 
imposition. 
In case of violation of voluntary undertakings by the exporting third country or the exporter, the 
exporting third country or the exporter shall be given the opportunity to make comments on such 
a violation. 
11. The decision to accept voluntary undertakings taken by the Commission shall set out a 
provisional countervailing duty rate or a countervailing duty rate, which may be imposed in accordance with paragraph 10 of this Article. 
Article 29. Imposition and application of countervailing duty 
1. The decision to impose a countervailing duty shall not be taken by the Commission if the 
specific subsidy of the exporting third country has been withdrawn. 
2. Prior to the decision of Commission on the application of countervailing duties the authorized 
body coordinate with interested government authorities of the Republic of Kazakhstan proposal to impose a countervailing duty, prepared by the investigating authority. 
3. The decision to impose a countervailing duty shall be taken after the exporting third country 
granting the specific subsidy has rejected the proposal to hold consultations, or during the 
consultations, no mutually acceptable solution has been reached. 
4. A countervailing duty shall be applied to a product from all exporters, which is subsidized and 
causing injury to a domestic industry of the Member States (except for a product from those 
exporters from which voluntary undertakings have been accepted by the Commission). 
An individual countervailing duty rate may be established by the Commission in respect of 
products from particular exporters. 
5. A countervailing duty rate shall not be in ex cess of the amount of specific subsidy of the 
exporting third country, calculated per unit in terms of subsidized and exported product.  
In cases where subsidies are granted in accordance with different subsidization programs, their 
cumulative amount shall be taken into consideration. 
A countervailing duty rate may be less than the amount of the specific subsidy of the exporting 
third country if such rate is adequate to remove the injury to the domestic industry of the Member 
States. 
6. When the amount of a countervailing duty rate is being established, written opinions submitted 
to the investigating authority by consumers in the Member States whose economic interests can 
be affected by the imposition of a countervai ling duty shall be taken into consideration. 
7. A countervailing duty may be applied to products, which were placed, not more than 
90 calendar days prior to the date of imposition of a provisional countervailing duty, under a customs procedure that is conditional on the payment of a countervailing duty if the investigating 
authority, pursuant to an investigation, has simultaneously determined for this product the 
following: 
1) injury which is difficult to repair is caused by massive imports in a relatively short period of time 
of the product benefiting from specific subsidies paid or granted; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  2) it is necessary, in order to prevent the recurre nce of such injury, to apply a countervailing duty 
to the imported product specified in subparagraph 1 of this paragraph. 
8. After the date of the initiation of the investigation, the investigating authority shall publish in 
the Internet source of Eurasian Economic Union a notice on possible application of a countervailing 
duty to the product subject to investigation in accordance with paragraph 7 of this Article. 
The decision to publish such a notice shall be taken by the investigating authority upon request of 
a domestic industry of the Member States, which contains sufficient evidence that the conditions 
specified in paragraph 7 of this Article are fulfilled, or on its own initiative in cases where such 
evidence is available to the investigating authority. 
No countervailing duty shall be applied to the products, which were placed under a customs 
procedure that is conditional on the payment of a countervailing duty prior to the date of official 
publication of the notice specified in this paragraph. 
Article 30. Duration and review of countervailing measure 1. A countervailing measure shall be applied pursuant to a decision of the Commission to the 
extent and as long as necessary to remove injury to a domestic industry of the Member States 
caused by subsidized imports. 
2. The duration of a countervailing measure sh all not exceed 5 years from the date of the 
application of such measure or from the date of the conclusion of review that was carried out on 
the basis of a change in circumstances and concer ned both the examination of subsidized imports 
and the injury to a domestic industry of the Memb er States caused by the subsidized imports, or 
from the date of the conclusion of an expiry review. 
3. An expiry review shall be initiated upon a written application filed in accordance with the 
Article 32 of this Law, or on the own initiative of the investigating authority.  
An expiry review shall be initiated when the application contains evidence that the subsidized 
imports and the injury to the domestic industry of  the Member States would be likely to recur or 
continue if the countervailing measure were removed.  
The application for an expiry review shall be filed not later than 6 months prior to the expiry of the 
countervailing measure. 
A review shall be initiated prior to the expiry of a countervailing measure and concluded within 
12 months from the date of the initiation of the review. 
Prior to the conclusion of a review carried out in accordance with this paragraph, the period of 
application of the countervailing measure shall be extended pursuant to a decision of the 
Commission. During the period for which the application of the respective countervailing measure is extended, in accordance with the procedure established for the collection of provisional 
countervailing duties, countervailing duties shall be levied at the rate established for the 
countervailing measure, whose duration is subject to extension.  
In cases where, pursuant to an expiry review, the investigating authority establishes that there are 
no grounds for the application of a countervailing measure, or the decision not to apply a 
countervailing measure is taken in accordance with the Article 42 of this Law, the amounts of the countervailing duty levied in accordance with the procedure established for the collection of provisional countervailing duties, during the period for which the application of the countervailing 
measure is extended, shall be refunded to the payer in accordance with legislations of the Republic 
of Kazakhstan.  
Duration of a countervailing measure is to be extended by the Commission in cases where, 
pursuant to an expiry review, the investigating authority establishes the likelihood of recurrence or 
continuation of the subsidized imports and injury to the domestic industry of the Member States. From the date of entry into force of a decision of the Commission to extend the period of 
application of a countervailing measure, the amounts of countervailing duties levied in accordance G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  with the procedure established for the collection of provisional countervailing duties, during the 
period for which the application of the countervailing measure is extended, shall be transferred and distributed in accordance with the procedure specified in the Article 6 of this Law. 
4. For the purposes of determination whether the continued application of a countervailing 
measure is appropriate and/or for the purpos es of reviewing the measure due to changed 
circumstances (including a review of an individual countervailing duty rate), a review may be initiated upon an application by an interested party or at the initiative of the investigating 
authority, provided that at least 1 year has elapsed since the imposition of a countervailing 
measure. 
Depending on the purposes of filing an applicat ion for a review such application shall include 
evidence that due to changed circumstances: 
1) continued application of the countervailing measure is no longer necessary to offset the 
subsidized imports and remove injury to the dome stic industry of the Member States caused by 
the subsidized imports; 
2) existing amount of a countervailing measure exceeds the amount sufficient to offset the 
subsidized imports and remove injury to the dome stic industry of the Member States caused by 
the subsidized imports; 
A review due to changed circumstances shall be concluded within 12 months from the date of the 
initiation of the review. 
5. Provisions of section 5 of this Law, concerning evidence and conduct of an investigation shall 
apply mutatis mutandis to reviews, provided by this Article, subject to corresponding differences.  
6. The provisions of this Article shall apply mu tatis mutandis to undertakings accepted from an 
exporting third country or an exporter in accordan ce with the Article 28 of this Law, subject to 
corresponding differences.  
7. A review may also be carried out for the purposes of determining an individual countervailing 
duty rate for an exporter subject to a countervailing measure who was not investigated for reasons other than a refusal to cooperate. Such a review may be initiated by the investigating authority 
upon a request of this exporter. 
Article 31. Circumvention of countervailing measure 1. Circumvention of a countervailing measure shall be understood as a change in the mode of 
supply in order to evade the payment of a countervailing duty or the fulfilment of voluntary 
undertakings. 
2. An anti-circumvention review may be initiated upon an application by an interested party or at 
the initiative of the investigating authority. 
3. The application indicated in paragraph 2 of this Article shall include the evidence of: 
1) circumvention of a countervailing measure; 2) the undermining of the remedial effect of the countervailing measure (as a result of 
circumvention) and its impact on the volume of production and/or sales, and/or prices for the like 
product in the domestic market of the Member States; 
3) the continued existence of the benefit conferre d on the producer and/or the exporter of the 
product (parts and/or modifications of such product) by the specific subsidy granted. 
4. For the period of the review carried out in accordance with this Article, the Commission may 
impose a countervailing duty, which shall be levied in accordance with the procedure established for the collection of provisional countervailing duties, on parts and/or modifications of the 
subsidized product which are imported into the customs territory of the Eurasian Economic Union G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  from the exporting third country, and on the subsid ized product and/or parts and/or modifications 
thereof imported into the customs territory of the Eurasian Economic Union from any other exporting third country. 
5. In cases where, pursuant to a review carri ed out in accordance with this Article, the 
investigating authority has not determined circumvention of a countervailing measure, the 
amounts of a countervailing duty paid pursuant to this Article and in accordance with the procedure established for the collection of provisional countervailing duties, shall be refunded to 
the payer in accordance with legislations of the Republic of Kazakhstan. 
6. In cases where, pursuant to a review carried out in accordance with this Article, circumvention 
of a countervailing measure has been determined, the countervailing measure may be extended to 
imported parts and/or modifications of the subsidized product which are imported into the customs 
territory of the Eurasian Economic Union from th e exporting third country, and to the subsidized 
product and/or parts and/or modifications thereof, imported into the customs territory of the Eurasian Economic Union from any other exporting third country. From the entry into force of the 
decision of the Commission to impose a countervailing measure indicated in this paragraph, the 
amounts of countervailing duties paid in accordance with the procedure established for the collection of provisional countervailing duties, shall be transferred and distributed in accordance 
with the Article 6 of this Law. 
7. The anti-circumvention review shall be concluded within 9 months from the date of the initiation 
of the review. 
Chapter V. Conducting investigations 
Article 32. Basis for investigation 
1. An investigation for the purposes of determination of the existence of increased imports and 
serious injury or threat thereof caused to a domestic industry of the Member States as well as for 
the purposes of determination of dumped or subsid ized imports and material injury, threat thereof 
caused to a domestic industry of the Member States  or material retardation of the establishment of 
a domestic industry of the Member States, shall be carried out by the investigating authority on 
the basis of a written application or at the initiative of the investigating authority in accordance 
with the paragraph 2 of this Article. 
2. The application indicated in paragraph 1 of this Article shall be filed by: 1) a producer of the like or directly competitive product (when the application to apply a safeguard 
measure is submitted) or the like product (when the application for an anti-dumping or a 
countervailing measure is submitted) in the Member States or by their authorized representative; 
2) an association of producers which includes producers whose collective output constitutes a 
major proportion, but not less than 25 percent, of the total volume of production of the like or 
directly competitive product (when the application for a safeguard measure is submitted) or the like product (when the application to apply an anti-dumping or a countervailing measure is 
submitted) in the Member States or by an authorized representative of such association. 
The authorized representatives of producers and associations shall have duly certified and 
documented authority; the originals of respective documents shall be submitted to the investigating authority together with the application. 
3. The application shall be accompanied by evidence of support for the application by producers of 
the like or directly competitive product or the like product in the Member States. The following shall be considered as sufficient evidence of support: 
1) documents confirming that other producers of the like or directly competitive product in the 
Member States who together with the applicant account for the major proportion, but not less than 25 percent, of the total volume of production of the like or directly competitive product in the 
Member States join the application (when the application to apply a safeguard measure is 
submitted); G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  2) documents confirming that the producers in the Member States (including the applicant) 
supporting the application account for at least 25 percent of the total production volume of the like product in the Member States, provided that the collective output of the producers in the Member States (including the applicant) supporting the application constitutes more than 50 percent of the 
total production of the like product produced by that portion of the domestic industry expressing 
either support for or opposition to the application (when the application to apply an anti-dumping or countervailing measure is submitted). 
4. The application indicated in paragraph 1 of this Article shall contain: 
1) information on the applicant, the volume and value of the production of the like or directly 
competitive product (when the application for a safeguard measure is submitted), the like product (when the application for an anti-dumping or countervailing measure is submitted) by the 
domestic industry of the Member States for 3 year s preceding the date of filing the application, as 
well as on the volume and value of the production  of the like or directly competitive product (when 
the application to apply a safeguard measure is submitted) or the like product (when the 
application to apply an anti-dumping or countervailing measure is submitted) by producers in the 
Member States supporting the application, and on their share in the total volume of production of 
the like or directly competitive product when the application to apply a safeguard measure is 
submitted) or the like product (when the application to apply an anti-dumping or countervailing 
measure is submitted) in the Member States; 
2) a description of the product imported into the customs territory of the Eurasian Economic Union 
on which it is proposed to impose a safeguard, anti-dumping or countervailing measures, with the 
indication of its code in the Customs Nomenclature of the Foreign Economic Activity of the 
Eurasian Economic Union; 
3) the names of exporting third countries of or igin or export of the product indicated in 
subparagraph 2 of this paragraph based on the customs statistics; 
4) information on known producers and/or exporters of the product indicated in subparagraph 2 of 
this paragraph in the exporting third country, an d on known importers and main known consumers 
of the product in the Member States; 
5) information on the changes in the volume of im ports of the product into the customs territory of 
the Eurasian Economic Union on which it is proposed to impose a safeguard, anti-dumping or countervailing measure, for the previous period as well as for the subsequent period for which 
representative statistics are available as of the date of filing the application; 
6) information on the changes in the volume of exports of the like or directly competitive product 
(when the application for a safeguard measure is submitted) or the like product (when the 
application for an anti-dumping or countervailing measure is submitted) from the customs territory 
of the Eurasian Economic Union, for the previous period as well as for the subsequent period for which representative statistics are available as of the date of filing the application. 
5. Along with the information indicated in paragraph 4 of this Article depending on the type of 
measure proposed in the application, the applicant shall include the following: 
1) evidence of increased imports of the product, ev idence of serious injury or threat thereof to a 
domestic industry of the Member States caused  by the increased imports of the product, a 
proposal to impose a safeguard measure with th e indication of its amount and the period of 
application, as well as the action plan for the adjustment of the domestic industry of the Member States to conditions of foreign competition during the period of application of the safeguard 
measure proposed by the applicant (when the application for a safeguard measure is submitted); 
2) information on export price and normal value of  the product, evidence of material injury or 
threat thereof to a domestic industry of the Member States or material retardation of the 
establishment of a domestic industry of the Memb er States caused by the dumped imports of the 
product, as well as a proposal to impose an anti-dumping measure with the indication of its extent and the period of application (when the application for an anti-dumping measure is submitted); G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  3) information on the existence and nature of a specific subsidy of the exporting third country and, 
if possible, its amount, evidence of material injury or threat thereof to a domestic industry of the Member States or material retardation of the establishment of a domestic industry of the Member S t a t e s  c a u s e d  b y  t h e  s u b s i d i z e d  i m p o r t s  o f  t h e  p r o d u c t ,  a s  w e l l  a s  a  p r o p o s a l  t o  i m p o s e  a  
countervailing measure with the indication of its amount and the period of application (when the 
application to apply an anti-dumping a countervailing measure is submitted). 
6. The evidence of the existence of serious injury or threat thereof to a domestic industry of the 
Member States (when the application to apply a safeguard measure is submitted) and the 
evidence of material injury or threat thereof to a domestic industry of Member States or material retardation of the establishment of a domestic industry of the Member States caused by the dumped imports or subsidized imports (when the application to apply an anti-dumping or 
countervailing measure is submitted) shall be based on objective factors relative to the economic 
situation of a domestic industry of the Member States, and shall be expressed in quantitative and/or value terms for the previous period as well as for the subsequent period for which 
representative statistics are available as of the date  of filing the application (including the volume 
of production and the sales volume of the product,  the share of the product in the domestic market 
of the Member States, the cost of production of th e product, the price of the product, utilization of 
capacity, employment, labor productivity, profit margins, profitability, the volume of investment in 
the domestic industry of the Member States). 
7. The information provided in the application shall be accompanied by the reference to the 
source. 
8. For the purposes of comparability, a single mo netary unit and a single unit of quantity shall be 
used for the indicators contained in the application. 
9. The information contained in the application shall be certified by managing directors of the 
producers that provided such information as well as by their employees responsible for accounting 
and financial reporting, insofar as information, which directly relates to the producers in question is concerned. 
10. The application with an enclosed non-confidential version thereof (if the application contains 
confidential information) shall be submitted to the investigating authority in accordance with paragraph 24 Article 33 of this Law and shall be subj ect to registration on the day of receipt of the 
application. 
11. The date of filing the application shall be the date of registration thereof in the investigating 
authority. 
12. The application for a safeguard, anti-dumping or countervailing measure shall be rejected on 
the following grounds: 
1) failure to submit information specified in paragraphs 3-5 of this Article when filing the 
application; 
2) submission by the applicant of information specified in paragraphs 3-5 of this Article which is 
inaccurate; 
3) failure to submit a non-confidential version of the application. The rejection of the application on other grounds shall not be permitted. 
Article 33. Initiation and Subsequent Investigation 
1. Before the decision to initiate an investigation is taken, the investigating authority shall notify 
the exporting third country in writing of the receipt of an application for an anti-dumping or 
countervailing measure prepared in accordance with paragraphs 32 of this Law. 
2. Before the decision to initiate an investigation is taken, the investigating authority shall examine 
the adequacy and accuracy of the evidence an d information contained in the application in G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  accordance with paragraphs 3-5 Article 32 of this Law within 30 calendar days from the date of the 
registration of the application. This period may be extended if the investigating authority require additional information, but shall not exceed 60 calendar days. 
3. The application may be withdrawn by the applicant prior to the initiation of an investigation or in 
the course of the investigation.  
The application shall be considered not to have been filled if it is withdrawn before the initiation of 
an investigation. 
If the application is withdrawn in the course of the investigation, the investigation shall be 
terminated without the imposition of a safeguard, anti-dumping or countervailing measure. 
4. The information contained in the application shall not be subject to public disclosure before the 
decision to initiate an investigation is taken. 
5. The investigating authority shall take a decision to initiate or refuse to carry out an investigation 
before the expiry of the period indicated in paragraph 2 of this Article. 
6. When the decision to initiate an investigation is taken, the investigating authority shall notify in 
writing the authorized body of the exporting third country as well as other interested parties 
known to it of the decision taken, and, within not more than 10 business days from the date of taking this decision, shall give a public notice of the initiation of an investigation on Internet source 
of Eurasian Economic Union. 
7. The publication date of the notice of the initiation of an investigation on the Internet source of 
Eurasian Economic Union shall be the date of the initiation of the investigation. 
8. The investigating authority may take the decision to initiate an investigation (including on its 
own initiative) only if it has evidence of the existence of increased imports and serious injury or 
threat thereof caused to a domestic industry of the Member States, or of the existence of dumped 
or subsidized imports and material injury or threat thereof to a domestic industry of Member 
States or material retardation of the establishmen t of a domestic industry of the Member States. 
In cases where the available evidence is insufficient, such an investigation shall not be initiated. 9. The decision to refuse to carry out an investigation shall be taken if the investigating authority, 
upon examination of the application, determines that the information submitted in accordance with 
paragraphs 4 and 5 Article 32 of this Law does not indicate the existence of increased, dumped or 
subsidized imports of the product into the customs territory of the Eurasian Economic Union and/or material injury or threat thereof to a domestic industry of the Member States or material 
retardation of the establishment of a domestic industry of the Member States caused by the 
dumped or subsidized imports, or the existence of serious injury or threat thereof to a domestic industry of the Member States caused by the in creased imports into the customs territory of the 
Eurasian Economic Union. 
10. When the decision to refuse to carry out an investigation is taken, the investigating authority 
shall notify the applicant in writing of the reason for the refusal to carry out an investigation within 
no more than 10 calendar days from the date of taking such decision. 
11. Interested parties shall have the right to state their intention to participate in the investigation 
in writing within the period established by this Law. They are recognized as participants in the investigation from the date of the registration of  their statement of intent to participate in the 
investigation by the investigating authority. 
The applicant and producers in the Member States who have expressed their support for the 
application shall be recognized as participants in the investigation from the date of the initiation of 
the investigation. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  12. Interested parties shall have the right to submit information (including confidential 
information) required for investigation purposes with the indication of the source of such information. 
13. The investigating authority shall have the right to request from the interested party additional 
information for the purposes of investigation. 
Requests may also be sent to other organizations in the Member States. The requests shall be sent by the director (d eputy director) of the investigating authority. 
The request shall be deemed to have been received by the interested party upon its transmission 
to the authorized representative of the interested party or after 7 calendar days from the date on which the request was sent by post. 
The response of the interested party shall be submitted to the investigating authority not later 
than 30 calendar days from the date of the receipt of the request. 
The response is considered as received by the investigating authority if it is received by the 
investigating authority not later than 7 calendar days from the date of expiry of the period 
specified in subparagraph 5 of this paragraph. 
The information submitted by the interested party after the expiry of the specified period may be 
disregarded by the investigating authority. 
Upon reasoned written request of the interested pa rty, the period for submitting the response may 
be extended by the investigating authority. 
14. In cases where the interested party refuses to provide necessary information to the 
investigating authority, does not provide such information within the established period of time or 
provides inaccurate information, thereby significantly impeding the investigation, such interested 
party shall be considered as non-cooperating, and preliminary or final determinations may be made by the investigating authority based on the facts available to it. 
Failure to provide the requested information in electronic form or in electronic format specified in 
the request of the investigating authority shall not be regarded by the investigating authority as non-cooperation, provided that the interested party in question is able to prove that the full 
implementation of criteria for the provision of information specified in the request of the 
investigating authority is not possible or is associated with significant material costs. 
In cases where the investigating authority does not take into account the information provided by 
the interested party for reasons other than those indicated in subparagraph one of this paragraph, 
the party in question shall be informed of the reasons and grounds for taking such decision and 
shall be given an opportunity to comment thereon within a period which is established by the investigating authority. 
If during the preparation of a preliminary or final determination of the investigating authority, 
including the determination of normal value (in the case of an anti-dumping investigation), the provisions of the first subparagraph of this paragraph are applied and information is used 
(including the information provided by the applicant), the information to be used in the 
preparation of such determinations shall be verified using the available information obtained from third sources or from the interested parties, provided that such verification neither impedes the investigation nor prevent its timely conclusion. 
15. As soon as possible after the date of taking the decision to initiate an anti-dumping or 
countervailing duty investigation, the investigating authority shall send to an authorized body of the exporting third country and exporters known to it copies of the application or its 
non-confidential version (if the application contains confidential information), as well as provide 
such copies to other interested parties upon their request. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  In cases where the number of known exporters is large, a copy of the application or its 
non-confidential version shall be sent only to an authorized body of the exporting third country. 
The investigating authority shall provide copies of the application or its non-confidential version to 
the participants in a safeguard investigation upon their request, if the application contains 
confidential information (in case there are confidential information in the application). 
During the investigation, with due regard to the requirement to protect confidential information, 
the investigating authority shall provide to the participants in the investigation at their request an 
opportunity to see the information provided in writing by any interested party as the evidence 
relevant to the subject of investigation. 
During the investigation, the investigating authority shall provide to the participants in the 
investigation an opportunity to see other information relevant to the investigation that is used in 
the investigation and is not confidential information. 
16. At the request of the interested parties, the investigating authority shall hold consultations on 
the subject of investigation. 
17. During the investigation, all interested parties shall be given an opportunity to defend their 
interests. To this end, the investigating authority shall provide to all interested parties at their request an opportunity to have a meeting to pres ent their opposing views and to offer rebuttal. 
The provision of such an opportunity shall be pr ovided with due regard to the requirement to 
preserve the confidentiality of information. It shall not be obligatory for all interested parties to attend a meeting, and the absence of any interested  party shall not be prejudicial to its interests. 
18. Consumers using in their production the product subject to investigation, representatives of 
public associations of consumers, state authorities, local government authorities as well as other 
persons shall have a right submit to the investigating authority information which is relevant to the investigation. 
19. An investigation shall be concluded within: 
1) 9 months from the date of the initiation of the investigation based on the application to apply a 
safeguard measure (this period may be extended by  the investigating authority, but not more than 
for 3 months); 
2) 12 months from the date of the initiation of the investigation based on the application to apply 
an anti-dumping or countervailing measure (thi s period may be extended by the investigating 
authority, but not more than for 6 months). 
20. An investigation shall not hinder customs procedures in respect of the product subject to 
investigation. 
21. The authorized body in order to ensure the investigation and application of safeguard, 
anti-dumping and countervailing measures can request information including confidential 
information from the government authorities of the Republic of Kazakhstan and the stakeholders. 
22. Government authorities of the Republic of Kazakhstan within its competence provide the 
necessary information for the purposes of the investigation and the application of safeguard, 
antidumping and countervailing measures, including confidential information: 
1) at the request of the authorized body; 2) at the request of the investigating authority through the authorized body. 
In case of the failure of the requested by auth orized body and (or) the investigating authority 
information, the government authorities of the Republic of Kazakhstan inform the authorized body indicating the grounds. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  23. The authorized body provides the collection, processing and transmission of data, including 
those containing confidential information requested by the investigating authority. 
24. Provide evidence and information to the investigating authority as well as communication with 
the investigating authority carried out in Russian, and the original documents, which are in a 
foreign language must be accompanied by a translation into Russian (with notarized authenticity of 
the translation). 
25. The representatives of the authorized body shall participate in meetings, consultations and 
public hearings held during the investigation by the investigating authority. 
26. The date of the conclusion of an investigation shall be the date on which the Commission 
considers the report pursuant to the investigation and the Commission's draft act, which is specified in Article 5 of this Law. 
In cases where the investigating authority makes a final determination that there are no grounds 
for the application, review or withdrawal of a sa feguard, anti-dumping or countervailing measures, 
the date of the conclusion of the investigation shall be the date of publication of the relevant notice 
on the Internet source of the Eurasian Economic Union. 
In case of the imposition of a provisional safe guard duty, a provisional anti-dumping duty or a 
provisional countervailing duty, the investigation shall be concluded prior to the date of the expiry 
of the respective provisional duty. 
27. In case if the investigating authority during the investigation establishes the lack of existence 
of increased imports into the customs territory of the Eurasian Economic Union and resulting serious injury to domestic industry of the Member States or threatens to cause such injury, as well 
as dumped or subsidized imports into the customs territory of the Eurasian Economic Union and 
the resulting material injury to domestic industry of the Member States or threatens to cause such injury, or substantial slowdown in creation of domestic industry of the Member States, the 
investigation is terminated without the introduction of safeguard, anti-dumping or countervailing 
measures. 
Article 34. Special procedures for anti-dumping investigation 
1. An anti-dumping investigation shall be terminated without the imposition of an anti-dumping 
measure if the investigating authority determines that the margin of dumping is less than de minimis, or that the volume of dumped imports, actual or potential, or the material injury caused b y  s u c h  i m p o r t s ,  o r  t h r e a t  t h e r e o f ,  o r  m a t e r i a l  retardation of the establishment of a domestic 
industry of the Member States, is negligible. 
The margin of dumping shall be considered to be de minimis if this margin does not exceed 
2 percent. 
2. The volume of dumped imports from a particular exporting third country shall be negligible if it 
accounts for less than 3 percent of total imports of the product subject to investigation into the customs territory of the Eurasian Economic Union, provided that exporting third countries which 
individually account for less than 3 percent of the total imports of the product subject to 
investigation into the customs territory of the Eurasian Economic Union collectively account for not more than 7 percent of total imports of the like product subject to investigation into the customs territory of the Eurasian Economic Union. 
3. The investigating authority shall, before a decision pursuant an anti-dumping investigation is 
taken, inform the interested parties of the main conclusions made pursuant the investigation with due regard to the requirement to protect confid ential information, and shall give them an 
opportunity to make comments. 
The period for the interested parties to provide their comments shall be established by the 
investigating authority and shall not be less than 15 calendar days. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Article 35. Special procedures for countervailing duty investigation 
1. After an application is accepted for consideration and before a decision to initiate an 
investigation is taken, the investigating authority shall propose to an authorized body of the exporting third country, from which the product in respect of which it is proposed to impose a 
countervailing measure is exported, to conduct consultations with the purpose of clarifying the 
situation as to the existence, amount and conseque nces of granting an alleged specific subsidy and 
arriving at a mutually acceptable solution. 
Such consultations may also continue in the course of the investigation. 
2. The conduct of consultations specified in paragr aph 1 of this Article does not prevent taking a 
decision to initiate an investigation and to apply a countervailing measure. 
3. A countervailing duty investigation shall be terminated without the imposition of a 
countervailing measure if the investigating authority determines that the amount of a specific 
subsidy of an exporting third country is de minimis, or the volume of subsidized imports, actual or potential, or the material injury to a domestic industry of Member States caused by such imports, 
or threat thereof, or material retardation of the establishment of a domestic industry of the 
Member States, is negligible. 
4. The amount of a specific subsidy shall be considered to be de minimis if it is less than 1 percent 
of the value of the product subject to investigation. 
The volume of subsidized imports shall normally be regarded as negligible if it accounts for less 
than 1 percent of total imports of the like product into the customs territory of the Eurasian Economic Union, provided that exporting third countries which individually account for less than 
1 percent of the total imports of the like prod uct into the customs territory of the Eurasian 
Economic Union collectively account for not more than 3 percent of total imports of the like product into the customs territory of the Eurasian Economic Union. 
5. A countervailing duty investigation in respect of an imported subsidized product originating in a 
developing or least developed country which is th e beneficiary of the system of tariff preferences 
of the Eurasian Economic Union shall be terminated in cases where the investigating authority 
determines that the overall level of specific subsidies of the exporting third country granted upon 
this product does not exceed 2 percent of its value calculated on a per unit basis, or the volume of 
the imports of this product from such a third co untry represents less than 4 percent of the total 
imports of this product into the customs territory of the Eurasian Economic Union, provided that 
imports of this product into the customs territory of the Union from developing and least 
developed countries whose individual shares account for less than 4 percent of the total imports of this product into the customs territory of the Eurasian Economic Union collectively account for not 
more than 9 percent of the total imports of this product into the customs territory of the Eurasian 
Economic Union. 
6. The investigating authority shall, before a decision, pursuant a countervailing duty investigation, 
is taken, inform all interested parties of th e main conclusions made in the course of the 
investigation with due regard to the requirement to protect confidential information and shall give them an opportunity to make comments. 
The period for the interested parties to provide their comments shall be established by the 
investigating authority and shall not be less than 15 calendar days. 
Article 36. Definition of domestic industry of Member States in case of dumped or 
subsidized imports 
1. For the purposes of an anti-dumping or count ervailing duty investigation, the term "domestic 
industry of the Member States" shall be interp reted within the meaning of subparagraph 17 
Article 1 of this Law, except for the cases specified in paragraphs 2 and 3 of this Article. 
2. In cases where the producers of the like product in the Member States are themselves 
importers of the allegedly dumped or subsidized product, or are related to the exporters or G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  importers of the allegedly dumped or subsidized product, the term "domestic industry of the 
Member States" may be interpreted as referring to the rest of the producers of the like product in the Member States. 
The producers of the like product in the Member States shall be deemed to be related to the 
exporters or importers of the allegedly dumped or subsidized product if: 
1) particular producers of the like product in the Member States directly or indirectly control the 
exporters or importers of the product subject to investigation; 
2) particular exporters or importers of the product subject to investigation directly or indirectly 
control the producers of the like product in the Member States; 
3) particular producers of the like product in th e Member States and the exporters or importers of 
the product subject to investigation are directly or indirectly controlled by a third person; 
4) particular producers of the like product in the Member States and the foreign producers, 
exporters or importers of the product subject to investigation directly or indirectly control a third person, provided that there are grounds for the investigating authority to believe that such 
relationship causes such producers to beha ve differently from non-related parties. 
3. In exceptional circumstances, for the purposes of defining the domestic industry of the Member 
States, the territory of these States may be divided into two or more territorially isolated 
competitive markets and the producers in the Memb er States within one of the indicated markets 
may be regarded as a separate domestic industry of the Member States if such producers sell in such market not less than 80 percent of their production of the like product for consumption or processing, and the demand for the like product in such market is not to a substantial degree 
supplied by producers of such product located el sewhere in the territory of the Member States. 
In such circumstances, material injury to a domest ic industry of the Member States, threat thereof 
or material retardation of the establishment of a domestic industry of the Member States caused 
by dumped or subsidized imports may be found to exist even where a major portion of the total 
domestic industry is not injured, provided there is a concentration of sales of dumped or subsidized imports into one of the indicated competitive markets and the dumped or subsidized 
imports are causing injury to all or almost all producers of the like product in the Member States 
within one such market. 
4. In cases where a domestic industry of the Memb er States is interpreted within the meaning of 
paragraph 3 of this Article and, pursuant to an in vestigation, a decision to apply an anti-dumping 
or countervailing measure is taken, such measure may be applied to all imports of the product into 
the customs territory of the Eurasian Economic Union. 
In the abovementioned case an anti-dumping or countervailing duty shall be imposed only after 
the investigating authority has given the exporters an opportunity to cease exporting such product 
to the area concerned at dumped prices (in the case of dumped imports) or at subsidized prices (in the case of subsidized imports), or to offer respec tive undertakings in relation to the conditions of 
exporting into the customs territory of the Eurasian Economic Union, provided that such 
opportunity has not been used by the exporters. 
Article 37. Public hearings 1. On the basis of the petition submitted by any of the participants in the investigation in writing 
and within the term established in accordance with this Law, the investigating authority provides 
the conduction of the public hearings. 
2. The investigating authority shall send a notice to the participants in the investigation specifying 
the time and location of public hearings, as well as a list of questions to be discussed in the course 
of public hearings. 
The date of public hearings shall be appointed no  sooner than 15 calendar days from the date of 
sending the respective notice. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  3. Participants in the investigation or their representatives as well as persons engaged by them for 
the purposes of providing information relating to the investigation shall have a right to participate in public hearings. 
In the course of public hearings, the participants in the investigation may express their opinion 
and provide evidence relating to the investigation. The representative of the investigating 
authority shall have a right to ask the participants in public hearings questions relating to the essence of the facts submitted by them. The participants in the investigation shall also have a right 
to ask each other questions and shall give answers. The participants in public hearings shall not be 
required to disclose information treated as confidential. 
4. Oral information, which has been provided in the course of public hearings shall be taken into 
account in the course of the investigation if within 15 calendar days from the date of the public 
hearings the participants in the investigation have provided it in writing to the investigating 
authority. 
Article 38. Collection of informatio n in the course of investigation 
1. After the decision to initiate an anti-dumping or countervailing duty investigation is taken, the 
investigating authority shall send to known exporters and/or producers of the product subject to investigation a questionnaire, which shall be completed by them. 
A questionnaire shall also be sent to producers of the like or directly competitive product (in the 
case of a safeguard investigation) or the like product (in the case of an anti-dumping or countervailing duty investigation) in the Member States. 
If necessary, a questionnaire may also be sent to importers and consumers of the product subject 
to investigation. 
2. Parties specified in paragraph 1 of this Article to whom a questionnaire has been sent shall 
submit their responses to the investigating authorit y within 30 calendar days from the date of the 
receipt of the questionnaire. 
Upon reasoned written request of the parties specif ied in paragraph 1 of this Article the period in 
question may be extended by the investigating authority for no more than 14 calendar days. 
3. A questionnaire shall be deemed to have been received by the exporter and/or producer of the 
product from the date of its transmission directly  to the representative of the exporter and/or 
producer or after 7 calendar days from the date on which it was sent by post. 
Responses to a questionnaire shall be deemed to have been received by the investigating authority 
if they have been submitted to the investigating authority in a confidential and a non-confidential 
versions not later than 7 calendar days from the da te of the expiry of the 30 day period specified 
in paragraph 2 of this Article or from the date of the expiry of the extension period. 
4. The investigating authority shall satisfy itse l f  a s  t o  t h e  a c c u r a c y  a n d  a d e q u a c y  o f  t h e  
information submitted by interested parties during the course of an investigation. 
In order to verify information provided during the course of an investigation or to obtain further 
information relating to the investigation being carried out, the investigating authority may, as 
required, carry out verification: 
1) in the territory of the third country, provided it obtains the agreement of respective foreign 
exporters and/or producers of the product subject to investigation and the third country which has 
been officially notified of the forthcom ing verification does not object to it; 
2) in the territory of the Member State, provided it obtains the agreement of respective importers 
of the product subject to investigation and/or prod ucers of the like or directly competitive product. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  A verification shall be carried out after the responses to the questionnaires sent in accordance with 
paragraph 1 of this Article have been received unless the foreign producer or exporter voluntary agrees to verification to be carried out before such responses have been sent and the respective 
third country does not object to it. 
After the agreement has been obtained from the respective participants in the investigation and 
before the start of verification, these participants shall be sent a list of documents and materials which shall be submitted to the officers directed to carry out verification. The investigating 
authority shall notify the third country of the addresses and names of the foreign exporters or 
producers to be verified  as well as the dates of such verification. 
Other documents and materials necessary to verify the information submitted in the responses to 
a questionnaire may also be requested in the course of verification. 
In cases where the investigating authority intends to include experts who are not officers of this 
authority in the investigating team for the purposes of carrying out verification, the participants in the investigation subject to verification activities shall be notified in advance of such decision of 
the investigating authority. Participation of such experts in verification should be permitted only if 
there is a possibility to apply sanctions for the breach by them of confidentiality of information obtained in connection with verification. 
5. In order to verify information submitted in the course of an investigation or to obtain further 
information relating to the investigation being carried out, the investigating authority shall have a right to direct its representatives to a location of interested parties, collect information, hold consultations and negotiations with interested partie s, familiarize itself with samples of the product 
and take other actions necessary for carrying out an investigation. 
Article 39. Confidential information 1. The government authorities of the Republic of Kazakhstan provide confidential information to 
the authorized body in accordance with the legislation of the Republic of Kazakhstan. 
2. The information submitted by an interested party to the investigating authority shall be treated 
as confidential if this party provides reasoning which indicates, inter alia, that disclosure of such 
information would be of a competitive advantage to a third party or would have adverse effects 
upon a person who has submitted such information or upon a person from whom such information has been received. 
Justifications must be given in a written form. 
3. Interested parties submitting confidential information shall be required to provide a 
non-confidential version of such information. 
A non-confidential version shall be in sufficient detail to permit an understanding of the substance 
of the information submitted in confidence. 
In exceptional cases, when an interested party is not able to submit a non-confidential version of 
confidential information, it must provide a deta iled reasoned statement as to why the submission 
of a non-confidential version is impossible. 
4. The authorized body cannot send confidenti al information to third parties, except the 
investigating authority. 
Confidential information provided by the interested parties, may not be disclosed without their 
written permission. 
Confidential information cannot be used by official s of the authorized body for personal purposes. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Article 40. Interested parties 
1. For the purposes of an investigation, interested parties shall be: 1) a producer of the like or directly competitive product (in the case of a safeguard investigation) 
or the like product (in the case of an anti-dumping or countervailing investigation) in the Member 
States; 
2) an association of producers a majority of the members of which are producers of the like or 
directly competitive product (in the case of a safeguard investigation) or the like product (in the 
case of an anti-dumping or countervailing investigation) in the Member States; 
3) an association of producers the members of which account for more than 25 percent of the total 
volume of production of the like or directly competitive product (in the case of a safeguard investigation) or the like product (in the case of an anti-dumping or countervailing investigation) in 
the Member States; 
4) an exporter, foreign producer or the importer of the product subject to investigation, and an 
association of foreign producers, exporters or importers of products a significant part of the 
members of which are producers, exporters or im porters of the product in question from the 
exporting third country or the country of origin of the product; 
5) an authorized body of the exporting third count ry or of the country of origin of the product; 
6) consumers of the product subject to investigatio n, if they use such product in production or 
associations of such consumers in the Member States; 
7) public associations of consumers (if the product is mainly consumed by natural persons). 2. Interested parties shall act in an investigation on their own or through their duly authorized 
representatives, who have formalized credentials in accordance with legislation of the Republic of 
Kazakhstan. 
If an interested party acts in an investigation through an authorized representative, the 
investigating authority shall provide all information on the subject matter of the investigation to 
the interested party only through this representative. 
Article 41. Notice of decisions taken in connection with investigation 
1. The investigating authority shall publish on the Internet source of the Eurasian Economic Union 
the following notices of decisions taken in connection with an investigation: 
1) of initiation of an investigation; 2) of imposition of a provisional safeguard, a provisional anti-dumping or a provisional 
countervailing duty; 
3) of possible application of an anti-dumping duty in accordance with Article 19 of this Law or the 
possible application of a countervailing duty in accordance with Article 29 of this Law; 
4) of conclusion of a safeguard investigation; 
5) of conclusion of an investigation pursuant to which the investigating authority has concluded 
that there are grounds for the imposition of an anti-dumping or countervailing measure or that 
acceptance of respective undertakings is practical; 
6) of conclusion or suspension of an investigation in connection with the acceptance of respective 
undertakings; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  7) of termination of an investigation pursuant to which the investigating authority concluded that 
there are no grounds for the imposition of a safeguard, anti-dumping or countervailing measure; 
8) of other decisions taken in connection with an investigation. Such notices shall also be sent to the authorized bodies of the Republic of Kazakhstan and 
business entities registered in the territory of the Republic of Kazakhstan, whose interests may be 
affected by the judgment indicated in the notice. 
2. The notice of the initiation of an investigation shall be published on the Internet source of 
Eurasian Economic Union not later than 10 business days from the date on which the investigating 
authority takes the decision to initiate an investigation and shall include: 
1) a complete description of the product subject to investigation; 2) the name of the exporting third country; 
3) a summary of the evidence indicating the ex istence of increased imports into the customs 
territory of the Eurasian Economic Union and the existence of serious injury or threat thereof to a domestic industry of the Member States (in cases where the decision to initiate a safeguard 
investigation is taken); 
4) a summary of the evidence indicating the exis tence of dumped or subsidized imports and the 
existence of material injury or threat thereof to  a domestic industry of the Member States or 
material retardation of the establishment of a domestic industry of the Member States (in cases 
where the decision to initiate an anti-dumping or countervailing investigation is taken);  
5) the address to which interested parties may send their opinion or information relevant to an 
investigation; 
6) the period of 25 calendar days within which the investigating authority shall accept from 
interested parties statements of intent to participate in an investigation; 
7) the period of 45 calendar days within which the investigating authority shall accept from 
interested parties requests for public hearings; 
8) the period of 60 calendar days within which the investigating authority shall accept from 
interested parties comments and information relevant to an investigation in writing. 
3. Notice of the imposition of a provisional safeguard, a provisional anti-dumping or a provisional 
countervailing duty shall be published not later than 3 business days from the date on which such decision is taken by the Commission and shall also contain the following information: 
1) the name of the exporter of the product subjec t to investigation or the name of the exporting 
third country (if it is impracticable to provide the name of the exporter);  
2) a description of the product subject to investigation which is sufficient for the purposes of 
customs control; 
3) the grounds for the affirmative determination of dumped imports with the indication of the 
margin of dumping and a description of the grounds for the methodology used in the calculation and comparison of the normal value of the produc t and its export price (when a provisional anti-
dumping duty is imposed); 
4) the grounds for the affirmative determination of subsidized imports with a description of the 
existence of a subsidy and an indication of the calculated amount of subsidization per unit (when a provisional countervailing duty is imposed); G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  5) the grounds for the determination of serious or material injury or threat thereof to a domestic 
industry of the Member States or material retard ation of the establishment of a domestic industry 
of the Member States; 
6) the grounds for the establishment of a causal relationship between the increased imports, the 
dumped and subsidized imports, and serious or material injury or threat thereof to a domestic 
industry of the Member States or material retard ation of the establishment of a domestic industry 
of the Member States, respectively; 
7) the grounds for the affirmative determination of increased imports (when a provisional 
safeguard duty is imposed). 
4. A notice of the possible application of an anti-dumping duty in accordance with Article 19 of this 
Law or a notice of the possible application of a countervailing duty in accordance with Article 29 of 
this Law shall contain: 
1) a description of the product subject to investigation which is sufficient for the purposes of 
customs control; 
2) the name of the exporter of the product subjec t to investigation or the name of the exporting 
third country (if it is impracticable to provide the name of the exporter); 
3) a summary of the evidence indicating that the conditions specified in Articles 19 and 29 of this 
Law are fulfilled. 
5. A notice of the completion of a safeguard investigation shall be published by the investigating 
authority not later than 3 business days from the date of the completion of the investigation and shall contain the main conclusions made by the investigating authority based on the information 
available to it. 
6. The notice of the conclusion of an investigation pursuant to which the investigating authority 
has concluded that there are grounds for the imposition of an anti-dumping or countervailing 
measure or that the acceptance of respective undertakings is practical shall be published not later 
than 3 business days from the date of the conclusion of the investigation and shall include: 
1) an explanation for the final determination on the results of the investigation made by the 
investigating authority; 
2) a reference to the facts based on which such determination was made; 3) information specified in paragraph 3 of this Article; 4) an indication of the reasons for the acceptance  or rejection of arguments and requests of the 
exporters and importers of the product subject to investigation; 
5) an indication of the reasons for taking decisions in accordance with paragraphs 7-11 Article 13 
of this Law. 
7. A notice of the termination or suspension of an investigation in connection with the acceptance 
of respective undertakings shall be published not later than 3 business days from the date of the 
termination or suspension of an investigation and shall contain a non-confidential version of these 
undertakings. 
8. A notice of the termination of an investigation pursuant to which the investigating authority has 
concluded that there are no grounds for the im position of a safeguard, anti-dumping or 
countervailing measure shall be published not later than 3 business days from the date of the 
termination of the investigation and shall contain:  
1) an explanation for the final determination pursuant to the investigation made by the 
investigating authority; G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  2) a reference to the facts based on which the determination specified in subparagraph one of this 
paragraph was made. 
9. A notice of the termination of the investigation pursuant to which the investigating authority 
takes the decision not to apply a measure in accordance with Article 42 of this Law shall be 
published not later than 3 business days from the date on which such decision is taken and shall 
include an explanation of the reasons why the Commission has taken the decision not to apply a safeguard, anti-dumping or countervailing measure with the indication of facts and conclusions on 
the basis of which such decision has been taken. 
10. The investigating authority shall ensure that all notifications provided for by the Marrakesh 
Agreement Establishing the World Trade Organization dated 15 April 1994 with regard to investigations and applied measures are sent in accordance with the established procedure to the 
competent authorities of the World Trade Organization. 
11. The provisions of this Article shall apply mutatis mutandis to the notices of the initiation and 
the conclusion of reviews. 
Article 42. Non-application of the safeguar d, antidumping and countervailing measures 
1. The Commission, pursuant to an investigation, may take a decision not to apply a safeguard, 
anti-dumping or countervailing measure even if th e application of such measure meets the criteria 
established by this Law. 
Such decision may be taken by the Commission if the investigating authority, based on the 
analysis of all information provided by interested parties, has made a conclusion that the application of such measure may impair the interests of the Member States. Such decision may be 
reviewed in case of changes in the reasons, which were the basis for taking such decision. 
Prior to the decision of Commission on non-application of safeguard, antidumping and 
countervailing measures, offer of inappropriate use of corresponding measure authorized body 
shall coordinate with the interested government  authorities of the Republic of Kazakhstan. 
2. The conclusion referred to in paragraph 1 of this Article shall be based on the results of 
cumulative assessment of the interests of a domestic industry of the Member States, consumers of 
the product subject to investigation, if they use such product in production and associations of 
such consumers in the Member States, public associations of consumers (if the product is mainly consumed by natural persons) and importers of the product in question. Such a conclusion may only be made after the mentioned parties have been given an opportunity to comment on the 
matter in question in accordance with paragraph 3 of this Article. 
In making such a conclusion, particular importance shall be attached to the elimination of 
distorting effects of increased, dumped or subsid ized imports on the ordinary course of trade and 
competition in the relevant market for goods of the Member States and the situation in the 
industry of the Member States. 
3. For the purposes of the application of the provisions of paragraph 1 of this Article, the producers 
of the like or directly competitive product (in the case of a special safeguard investigation) or the 
like product (in the case of an anti-dumping or countervailing investigation) in the Member States, their associations, importers and associations of the importers of the product subject to investigation, consumers of the product subject to investigation (if they use such product in 
production), and associations of such consumers in the Member States, public associations of 
consumers (if such product is mainly consumed by natural persons) shall have the right, within the period established in the notice which is published in accordance with paragraph 2 Article 41 of 
this Law, to provide their comments and information on the matter. Such comments and 
information or their non-confidential version, as appropriate, shall be made available to other interested parties referred to in this paragraph, which shall have a right to provide their comments 
in response.  
The information provided in accordance with this paragraph shall be taken into consideration 
regardless of its source, if there are objective facts supporting its accuracy. G/ADP/N/1/KAZ/1 • G/SCM/N/1/KAZ/1 • G/SG/N/1/KAZ/1 
 
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  Chapter 6. Final provisions 
A r t i c l e  4 3 .  P e c u l i a r i t i e s  o f  a p p e a l  o f  d e cisions on the application of safeguard, 
antidumping and countervailing measures in court 
The procedure and particularities for the appeal of decisions of the Commission and/or action 
(inaction) of the Commission relating to the application of safeguard, anti-dumping and 
countervailing measures shall be determined by th e Statute of the Court of the Eurasian Economic 
Union and by the Regulation of the Court of the Eurasian Economic Union. 
Article 44. Amenability for violation of the Law of the Republic of Kazakhstan on 
application of Safeguard, Antidumping and Countervailing Measures with Regard to the 
Third Countries 
Breach of the Law of the Republic of Kazakhstan on application of Safeguard, Antidumping and 
Countervailing Measures with Regard to the Third Countries involves responsibility established by 
legislations of the Republic of Kazakhstan. 
Article 45. The order of enactment of this Law 
1. This law comes into force upon expiration of 30 calendar days after its first official publication. 
2. The following are repealed: 1) The law of the Republic of Kazakhstan dated 28 December 1998 "On measures to protect the 
domestic market for imported goods" (Bulletin of the Parliament of the Republic of Kazakhstan, 
1998, number 24, p. 446; 1999, number 21, p. 763; 2005 ., number 11, p. 40, 2006, No. 3, p. 22, number 15, p. 95, 2010, number 5, p. 23, number 15, p. 71, 2011, number 2, p. 26, 2013, number 15, p. 81, 2014, number 21, p. 122, number 22, p. 131); 
2) Law of the Republic of Kazakhstan dated 13 July 1999 "On the antidumping measures" (Bulletin 
of the Parliament of the Republic of Kazakhst an, 1999, number 19, p. 654; 2006, number 1, p. 3; 
number 3, p. 22; 2010, number 15, p. 71, 2011, number 11, p. 102; 2013, number 15, p. 81, 
2014, number 21, p. 122); 
3) The law of the Republic of Kazakhstan dated 16 July 1999 "On Subsidies and Countervailing 
Measures" (Bulletin of the Parliament of the Republic of Kazakhstan, 1999, number 20, p. 732; 
2006, number 1, p. 3, 2010, number 15, p. 71, 2011, number 11, p. 102; 2013, number 14, 
p. 75, number 15, p. 81, 2014, number 21, p. 122). 
 
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