G/ADP/N/1/UKR/1/Suppl.1  
G/SCM/N/1/UKR/1/Suppl.1  
G/SG/N/1/UKR/1/Suppl.1  
 
26 February 2013  
(13-1017)  Page: 1/141  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Committee on Safeguards
 Original: English  
 
 NOTIFICATIONS OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
UKRAINE  
Supplement 
 
 The following communication, dated 31 January 2013, is being circulated at the request of 
the Delegation of Ukraine. 
 
_______________ 
 
 
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 Agreement on Safeguards, the Government of 
Ukraine is pleased to notify the amendments to the relevant legislation notified as 
G/ADP/N/1/UKR/1, G/SCM/N/1/UKR/1, G/SG/N/1/UKR/1 of 25 June 2008, as follows.  
The attached laws and regulations are unofficial translation. The texts are effective laws and 
regulations which were amended in 2012.  
List of laws and regulations attached: 
 
The customs code of Ukraine (abstract from chapter 42) as amended and supplemented by 
the laws of Ukraine No. 4915-VI of 7 June 2012, No. 4999-VI of 21 June 2012, No. 5018-VI of 
21 June 2012, No. 5043-VI of 4 July 2012, No. 5076-VI of 5 July 2012, and No. 5406-VI of 
2 October 2012;  
The Law of Ukraine "On protection of the na tional producer against dumped imports", 
22 December 1998, n 330-XIV (with changes and amendments);  
The Law of Ukraine "On protection of national industry against subsidized imports", 
22 December 1998, no.331-XIV (with changes and amendments);  
The Law of Ukraine "On application of safeguard measures against imports to Ukraine", 
22 December 1998, no.332-XIV (with changes and amendments);  
 
Abstract from the law no 959-XII of 16 April 1991 "On foreign economic activity" 
(articles 1, 9 and 31); 
 
Resolution of the Cabinet of ministers of Ukraine "On approving the procedure for protecting 
interests of domestic producers during the conduct by foreign countries, their economic or customs 
unions of antidumping, special safeguard and countervailing investigations in respect of imports of Ukrainian origin". G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  LIST OF LAWS AND REGULATIONS ATTACHED 
 
 
THE CUSTOMS CODE OF UKRAINE  AS AMENDED AND SUPPLEMENTED BY THE 
FOLLOWING LAWS OF UKRAINE:  NO. 4915-VI OF 7 JUNE 2012, OFFICIALLY 
PUBLISHED IN BULLETIN OF THE VERKHOVNA RADA OF UKRAINE  (BVRU ), 2012, 
ISSUE 51, PP. 2034;  NO. 4999-VI OF 21 JUNE 2012, BVRU , 2012, ISSUE 55, 
PP. 2203;  NO. 5018-VI OF 21 JUNE 2012, BVRU , 2012, ISSUE 59, PP. 2365; 
 NO. 5043-VI OF 4 JULY 2012, BVRU , 2012, ISSUE 62, PP. 2507;  NO. 5076-VI 
OF 5 JULY 2012, BVRU , 2012, ISSUE 62, PP. 2509; AND  NO. 5406-VI OF 2 
OCTOBER 2012 ................................................................................................................. 3  
THE LAW "ON PROTECTION OF THE NATIONAL PRODUCER AGAINST DUMPED 
IMPORTS", 22 DECEMBER 1998, N 330-XIV (WITH CHANGES AND AMENDMENTS) ............................................................................................................... 10
 
THE LAW "ON PROTECTION OF NATIONAL INDUSTRY AGAINST SUBSIDIZED 
IMPORTS", 22 DECEMBER 1998, NO.331-XIV (WITH CHANGES AND AMENDMENTS) ............................................................................................................... 56
 
ANNEX 1 ....................................................................................................................... . 95 
ANNEX 2 ....................................................................................................................... . 98 
ANNEX 3 ...................................................................................................................... 100 
ANNEX 4 ...................................................................................................................... 102 
ANNEX 5 ...................................................................................................................... 107 
ANNEX 6 ...................................................................................................................... 108 
ANNEX 7 ...................................................................................................................... 109 
THE LAW "ON APPLICATION OF SAFEGUARD MEASURES AGAINST IMPORTS TO 
UKRAINE", 22 DECEMBER 1998, NO.332-XIV (WITH CHANGES AND AMENDMENTS) ............................................................................................................. 111
 
ABSTRACT FROM THE LAW OF UKRAINE NO 959-XII OF 16 APRIL 1991 “ON 
FOREIGN ECONOMIC ACTIVITY” (ARTICLE S 1, 9 AND 31) RELEVANT TO ANTI-
DUMPING, COUNTERVAILING AND SAFEGUARD MEASURES IN THE MEANING OF WTO AGREEMENTS ON THE IMPLEMENTATI ON OF ARTICLE VI, ON SUBSIDIES 
AND COUNTERVAILING MEASURES, AND ON SAFEGUARDS .......................................... 130
 
RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE ON APPROVING THE 
PROCEDURE FOR PROTECTING INTERESTS OF DOMESTIC PRODUCERS DURING 
THE CONDUCT BY FOREIGN COUNTRIES, THEIR ECONOMIC OR CUSTOMS 
UNIONS OF ANTIDUMPING, SPECIAL SAFEGUARD AND COUNTERVAILING INVESTIGATIONS IN RESPECT OF IM PORTS OF UKRAIN IAN ORIGIN .......................... 138
 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  THE CUSTOMS CODE OF UKRAINE 
 
AS AMENDED AND SUPPLEMENTED 
BY THE FOLLOWING LAWS OF UKRAINE: 
 NO. 4915-VI OF 7 JUNE 2012, OFFICIALLY PUBLISHED IN BULLETIN OF THE VERKHOVNA RADA 
OF UKRAINE  (BVRU ), 2012, ISSUE 51, PP. 2034; 
 NO. 4999-VI OF 21 JUNE 2012, BVRU , 2012, ISSUE 55, PP. 2203; 
 NO. 5018-VI OF 21 JUNE 2012, BVRU , 2012, ISSUE 59, PP. 2365; 
 NO. 5043-VI OF 4 JULY 2012, BVRU , 2012, ISSUE 62, PP. 2507; 
 NO. 5076-VI OF 5 JULY 2012, BVRU , 2012, ISSUE 62, PP. 2509; AND 
 NO. 5406-VI OF 2 OCTOBER 2012  
(Excerpts) 
Chapter 42. Customs duty 
 
Article 271. Customs duty and types thereof 
 1. The customs duty is a nationwide tax establis hed by the Tax Code of Ukraine and this Code 
that is calculated and paid in accordance with this Code, Laws of Ukraine and international 
agreements the consent to the obligatoriness of which was given by the Verkhovna Rada of Ukraine. 2. The following types of customs duty shall be used in Ukraine: 
 
1)  import duty;  
2)  export duty; 
 3)  seasonal duty; and 
 
4)  special types of customs duty: special (saf eguard) duty, antidumping duty, and countervailing 
duty.  
3. It shall be prohibited to use any types of customs duty other than those established by this 
Code.  
Article 275. Special types of customs duty 
 1. In cases provided by Laws of Ukraine (i f international agreements the consent to the 
obligatoriness of which was given by the Verkhovna Rada of Ukraine do not establish otherwise), 
in order to defend the economic interests of Ukraine and Ukrainian commodity producers, the following special types of customs duty may be used in relation to products imported into the custom territory of Ukraine, independently of other types of customs duty: 
 
1)  special (safeguard) duty;  
2)  antidumping duty; and  
 3)  countervailing duty. 
 
2. Special types of customs duty shall be imposed on the grounds of decisions of the 
Interdepartmental Commission on International Trade of Ukraine regarding the application of antidumping, countervailing or special (safeguard) measures (trade remedies) adopted in 
accordance with the Laws of Ukraine “On Protection of National Commodity Producers Against 
Dumping Imports”, “On Protection of National Commodity Producers Against Subsided Imports”, “On the Use of Special (Safeguard) Measures in Relation to Imports in Ukraine”. 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  3. A special (safeguard) duty shall be imposed: 
 1)  as a measure to protect national commodity producers in cases when products are imported into the customs territory of Ukraine in such quantities and/or under such conditions as to cause or 
threaten to cause serious injury to domestic commodity producers; 
 2)  as a countermeasure in response of discriminatory and/or unfriendly actions of other countries, 
custom unions and economic associations that limit the fulfillment of legitimate rights and interests 
of entities of international economic activity of Ukraine.  4. An antidumping duty shall be imposed in acco rdance with the Law of Ukraine “On Protection 
of National Commodity Producers Against Dumping Im ports” in case of importing into the customs 
territory of Ukraine of products which are object of dumping, which causes or threatens to cause injury to domestic commodity producers. 
 
5. A countervailing duty shall be imposed in accordance with the Law of Ukraine “On Protection of National Commodity Producers Against Subsided Imports” in case of importing into the customs 
territory of Ukraine of products which are object of subsided import, which causes or threatens to 
cause injury to domestic commodity producers.  Article 280. Rates of customs duty 
 
1. The following rates of customs duty shall be used in Ukraine:  
1)  ad valorem rate of duty as a percentage of the taxable base established by Article 279 of this 
Code;  
2)  specific rate of duty as a monetary value pe r unit of the taxable base established by Article 279 
of this Code;  3)  combined rate of duty consist of the ad valorem and specific rates of duty. 
 
2. It shall be prohibited to use any types of cu stoms duty rates other than those established in 
part one of this Article. 
 
3. Rates of customs duty, except for seasonal  and special types of customs duty, shall be 
established solely by Laws of Ukraine on taxation. 
 
4. Import duty on products that undergo cust oms clearance in accordance with the procedure 
established for enterprises shall be calculated in accordance to the rates established by the Customs Tariff of Ukraine. 
 
5. Import duty shall be differentiated for products originated from countries that are members of customs unions or free trade agreements together with Ukraine. In the case of establishing of 
any special preferential customs regime in accordance with international agreements the consent 
to the obligatoriness of which was given by the Ve rkhovna Rada of Ukraine, preferential rates of 
import duty established by customs tariffs of Ukraine shall be applied. 
Preferential rates of import duty established by  Customs Tariff of Ukraine shall be applied to 
products originating from Ukraine or from member countries of the World Trade Organization (WTO) or from countries with which Ukraine signed bilateral or regional agreements in regard to the most favored-nation treatment, if Laws do not establish otherwise. 
Full rates of import duty established by Customs Tariff of Ukraine shall be applied to all the other 
products.  
6. Import duty on products that undergo cust oms clearance in accordance with the procedure 
established for individuals shall be calculated in accordance with Chapter XII of this Code.  
7. Export duty shall be calculated in accordance with the rates established by law. 
 8. Seasonal duty shall be calculated in accord ance with the rates established by the Law of 
Ukraine “On State Regulation of Imports of Agricultural Products”. 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  9. Special types of customs duty shall be calculat ed in accordance with the rates established by 
decisions of the Interdepartmental Commission on International Trade on application of 
antidumping, countervailing or special (safeguard ) measures in accordance with the Laws of 
Ukraine “On Protection of Nation Commodity Producers Against Dumping Imports”, “On Protection 
of National Commodity Producers Against Subsidized Imports” and “On Application of Special 
(Safeguard) Measures in Relation to Imports into Ukraine".  
Article 281. Tariff privileges (tariff preferences) 
 1. It shall be allowed to establish tariff privileges (tariff preferences) concerning rates of the Customs Tariff of Ukraine in the form of an exemption from taxation on import duty, reduction of 
rates of import duty or establishing of tariff quotas in accordance with legislation of Ukraine on the 
import of products that originate from countries with which appropriate agreements with Ukraine have been signed. 
 
2. Tariff quotas in the form of establishing of volumes or quantities of some products to be 
imported into the customs territory of Ukraine at  the determined period under a reduced rate of 
import duty shall be established by separate Laws. 
 3. Imports of products into the customs territory of Ukraine outside tariff quotas shall be carried out without reducing rates of import duty. 
 
4. It shall be forbidden to reduce rates of import duty for certain individuals and under individual contracts. 
 
5. If the import of the product is an obje ct of antidumping, countervailing or special 
(safeguard) measures, tariff privileges (tariff pr eferences) shall not be established or shall be 
stopped or suspended, if not otherwise stipulated by international agreements the consent to the 
obligatoriness of which was given by the Verkhovna Rada of Ukraine.  Article 288. Peculiarities of taxation  by special types of customs duty 
 
1. Special (safeguard) duty, antidumping duty  and countervailing duty shall be applied 
independently of the other types of customs duty under conditions determined by law. 
 
2. The part two has been removed. (as amended in accordance with the Law of Ukraine No. 4915-VI of 07 June 2012) 
 
Article 335. Submission of documents and information required for customs control 
 1. While moving products and/or vehicles of commercial purpose through the customs border 
of Ukraine, the declarant or a person authorized by them, or the carrier, depending on the type of 
transportation used to transport the produc ts, shall provide the following documents and 
information in a printed or electronic form to the customs authority: 
 
1) documents and information to be presented in case of automobile transportation:  
а) / a) documents for the vehicle being used, among other, documents that contain information on 
the official registration of the vehicle (belonging thereof to a particular country);  б) / b) transportation (freighting) documents (international bills of lading); 
 
в) / c) a document that accompanies international postal items (if any) as stipulated by acts of the 
Universal Postal Union; 
 
г) / d) commercial documents (if any) for the products being transported which contain, 
information on the carrier’s name and address, name of the country of origin and the country of 
destination of the products, the consigner’s (or vendor's) name and address and the recipient of 
the products;  ґ) / e) information on the quantity of cargo places and type of packaging; 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  д) /f the names of the products being transported; 
 е) / g) the gross weight of the products (in kilograms) or volume of the products (in cubic meters), 
except for large-sized cargo; 
 
2) documents and information to be presented in case of water transportation:  
а) / a) the general declaration that contains, among other information, the name and description 
of the ship, information on the official registration  of the vehicle (belonging thereof to a particular 
country), the name of the skipper / captain of th e ship, and the name and address of the ship’s 
agent; 
 
б) / b) the declaration for the cargo being transported that includes, among other information, the 
names of the ports visited or entered by the sh ip, the ports of loading and unloading of the 
products that remain on board of the ship, the list of bills of lading or other documents that 
confirm the existence and content of the contract of maritime (or river) transportation, the quantity of cargo places used for the product, de scription and the type of products packaging of 
the products that have to be unloaded in this port; 
 в) / c) the document that contains, among other information, information on the name of the 
stock on board and the quantity or amount (or volume) of the stock on board; 
 
г) / d) the declarations for personal items in possession of the crew of the ship; 
 
ґ) / e) a document that contain the following information on roles of crew members on the ship: 
quantity and list of crew memb ers at the moments of arrival and departure of the ship, among 
other information, the names, citizenship, title or  position, date and place of birth, and type and 
number of an identification document; 
 д) / f) a list of passengers that contains information on the passengers, on the times of arrival and 
departure of the ship, among other information, on  the quantity of passengers on board and their 
surnames and given names, and citizenship, date and place of birth for each passengers, and the 
ports of embarkation and disembarkation;  
е) / g) a document that accompanies international postal items (if any) as stipulated by acts of the 
Universal Postal Union;  
є) / h) shipping (transportation) documents for the products (if any) that contain information, 
among other, on the total quantity or amount of products, quantity of packages, name of products, and type of package;  
ж) / i) commercial documents (if any) for the products and information on the placement of 
products on board;  
з) / j) information on the presence (or absence) of any products on board of the ship that have 
been prohibited or restricted for entry into the customs territory of Ukraine, including amount of foreign currencies belonging to members of the crew, medicines that contain drug 
(narcotic) substances, strong medicines, and psychotropic and poisoning substances; 
 и) / k) information on the presence (or absence) of any dangerous products, weapons and 
ammunition on board; 
 
3) documents and information to be presented in case of air transportation:  
a) / a) the carrier’s standard document stipulated by international contracts signed in accordance 
with legislation governing civil aviation (the general declaration);  
б) / b) documents that contain information on the products being transported on board 
(consignment notes and airway bills or airway bill of lading);  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  в) / c) the document that contains information on the stock (the stock on board) and the quantity 
or amount (or volume) of the stock (the stock on board) loaded on board of the ship and unloaded 
from the ship;  
г) / d) shipping (transportation) documents for the products; 
 ґ) / e) commercial documents for the products being transported (if the carrier has such 
documents in their possession); 
 д) / f) a document that accompanies international postal items (if any) as stipulated by acts of the 
Universal Postal Union; 
 
е) / g) information on the nationality and registration number of the aircraft, flight number, flight 
itinerary, and points of departure and arrival of the aircraft; 
 
є) / h) information on the name of the company (or organization or institution) which uses the 
aircraft, and the quantity of crew members; 
 
ж) / i) a list of passenger that contains the qu antity of passengers on board of the ship, the 
surnames and initials, points of departure and arrival of passengers and information on luggage of the passengers (the passenger list); 
 
з) / j) the names of the products, consignment note numbers, quantities of packages per each 
consignment, and points of loading and unloading of the products; 
 
и) / k) information on the presence (or absence) on board of any products that have been 
prohibited or restricted for entry into the customs territory of Ukraine, including amounts of 
foreign currencies belonging to members the crew, drugs, medicines that contain drug 
(narcotic) substances, strong medicines, and psychotropic and poisoning substances;  і) / l) information on the presence (or abse nce) of any dangerous products, weapons and 
ammunition on board; 
 4) documents and information to be presented in case of railway transportation: 
 
а) / a) shipping (transportation) documents for the products; 
 
б) / b) a register of acceptance for the railway rolling stock; 
 в) / c) a document that confirms the presence of stock (if any); 
 
г) / d) a document that accompanies international postal items (if any) as stipulated by acts of the 
Universal Postal Union;  
ґ) / e) commercial documents for the products being transported (if the carrier has such 
documents in their possession);  
5) documents and data to be presented during international transportation through pipelines and 
electric power lines:  а) / a) an international economic agreement (contract) or other documents that confirm the right 
of possession, use and/or disposal of the products; 
 б) / b) a statement on the acceptance of the produc ts or a certificate confirming the amount of the 
products; 
 в) / c) commercial and accompanying (or supporting) documents (if the owner of the pipeline or 
power line has them in their possession) on the products which are being moved through the 
customs border of Ukraine, and an invoice for th e products for the moment of customs clearance 
thereof;  
г) / d) the name and address of the sender of the products; G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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ґ) / e) the name and address of the recipient of the products; 
 д) / f) documents (permissions or certificates) that confirm the characteristics of the products. 
2. Irrespective of the type of transport convey ing the products, during arrival of the products 
to a checkpoints of the customs border of Ukraine the documents (or information) or the details thereof shall be provided, including those by means of information technology (or in the form of an 
electronic document), to confirm observance of prohibitions and/or restrictions in accordance with 
the legislation of Ukraine on the products crossi ng the customs border of Ukraine, except those 
required solely for placement of the products under a customs regime.  
3. An invoice or other document indicating the value of the product and, in cases set out in this 
Code, a declaration of the customs value shall be submitted to customs authorities with the customs declaration. The declarant or a representative authorized by them shall enter the 
following information in the customs declaration under the procedure established by this Code: 
 1)  documents that confirm the authority of the person who is submitting the customs declaration; 
 
2)  an international economic agreement (contract) or other documents that confirm the right of possession, use and/or disposal of the products;  
3)  shipping (transportation) documents; 
 4)  commercial documents in possession of the person who is submitting the declaration; 
 
5)  if required, documents that confirm observance of measures of non-tariff regulation of international economic activity; 
 
6)  documents that confirm observance of restri ctions arising from safeguard, antidumping or 
countervailing measures (if any of the above restrictions are in place);  
7)  in cases set out in this Code, documents that confirm the country of origin of the product; 
 8)  if required, documents that confirm paym ent and/or guarantee of payment of customs 
charges; 
 9)  if required, documents that confirm the right to any customs preferences in regard to payment 
of customs charges, or to full or partial exempt ion from customs duties in accordance with the 
customs regime chosen;  10)  if required, documents that confirm the ch ange of terms of payment of customs charges; 
 
11)  if required, document that confirm the declared customs value of the products and the chosen method of determining thereof in accordance with Article 53 of this Code. 
 
4. During submission of the prior notification of the intent to convey the products and motor 
vehicles for commercial use through the customs border of Ukraine to the customs authority, the 
following documents and/or information shall be submitted to the customs authority, including 
those by means of information technology:  1)  for the import of the products into the customs territory of Ukraine: 
 
a) / a) the application drawn up in the established form on the intent to import the products into the customs territory of Ukraine (the prior notification or the preliminary customs declaration); 
 
б) / b) information on the name, volume (amount, quantity) and the value of the products planned 
to be imported into the customs territory of Ukraine; 
 
в) / c) the type of transportation method planne d to be used to import the products into the 
customs territory of Ukraine;  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  г) / d) the name of the checkpoint at the cust oms border of Ukraine (or that of the customs 
authority) through which the products are planned to be imported;  ґ) / e) information about documents that confirm observance of prohibitions and/or restrictions 
which have been imposed in accordance with the legislation on the products crossing the customs 
border of Ukraine;  
2)  for the export of the products from the cust oms territory of Ukraine, the customs declaration 
for the products or accompanying documents for the products in cases set out in this Code shall be submitted to the customs authority for customs clearance.  
_______________ G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  THE LAW OF UKRAINE 
THE LAW "ON PROTECTION OF THE NATIONAL PRODUCER AGAINST DUMPED IMPORTS", 
22 DECEMBER 1998, N 330-XIV (WITH CHANGES AND AMENDMENTS) 
 
As amended and added by the Laws of Ukraine 
N 1595-III of 23 March 2000, 
N 860-IV of 22 May 2003, 
N 3027-IV of 1 November 2005, 
 (changes made under paragraph 16 of part I of Law of Ukraine  
of 1 November 2005 N 3027-IV, took effect  
on 16 May 2008 – the date of Ukraine’s accession to the World Trade Organization), 
N 252-VI of 10 April 2008, 
 N 4496-VI of 13 March 2012, 
 N 5060-VI of 5 July 2012 
 
(In the text of the Law words "the Ministry of Economy of Ukraine"  
and "the Minister of Economy of Ukraine" were replaced with the words  
"the central body of executive power in the field of economic policy"  
and "the Minister of Economy and Eu ropean Integration of Ukraine"  
according to the Law of Ukraine N 860-IV of 22 May 2003) 
 
(In the text of the Law the word "Ukraine" was replaced with the words "importing country", 
except for part two of Article 2, Article 3, Articl e 4, Article 5, part eleven of Article 12, part 
fourteen of Article 14, paragraph two of part two, pa rt four and part five of Article 24, part five of 
Article 28, Article 34, and Article 38 according to the Law of Ukraine N 3027-IVof 
1 November 2005 ) 
 
This Law shall establish the mechanism of protection of the national producer against 
dumped imports from other countries, customs unions or economic groups. It shall also condition the principles and the procedure of initiation and conducting of an anti-dumping investigations and 
application of anti-dumping measures.  
 
Chapter I 
GENERAL PROVISIONS 
 
Article 1. Definition of Terms 
 
 Terms in this Law shall be used in the following meaning:  
  (1)  anti-dumping measures – provisional or final measures, applied in the process of an anti-dumping investigation or due to its results, according to this Law;  
 
 (2)  anti-dumping  duty (provisional or definitive) – spec ial type of duty imposed on goods, 
imported into the customs territory of the impo rting country, subject to application of anti-
dumping measures (provisional or final);  
  (3)  positive conclusion as to the presence of dumping (damage) – conclusion as on the 
presence of a fact of dumping (damage);  
  (4)  negative conclusion as to the presence of dumping (damage) – conclusion on the absence of a fact of dumping (damage);  
 
 (5)  dumping – importation of goods into the customs territory of the importing country at lower prices than the comparable prices for the similar goods of the exporting country, which 
causes damage to the national producer of similar goods;  
  (6)  margin of dumping – amount to which th e normal value exceeds the export price. The 
procedure of determination of dumping margin is specified in Article 9 of this Law;  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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 (7)  export price – a price which is actually paid or subject to payment for goods being sold to an importing country from the exporting country . The procedure of establishing of an export 
price is stipulated in Article 8 of this Law;  
 
 (8)  damage – substantial damage caused to th e national producer or a threat of substantial 
damaging to the national producer or substantial impediment to creation or expansion of 
production of similar goods by the national produc er. The procedure of determination of damage is 
stipulated in Article 10 of this Law;    (9)  import – bringing into the customs territo ry of an importing country of goods, destined 
for the consumption within this importing country;  
  (10)  importer – a subject of economic and legal relations who declares the goods' supply to 
the customs territory of the importing country;  
  (11)  competent bodies – bodies of state power of a country of origin or exporting country 
(customs union or economic group) which ensure providing of internal and (or) foreign economic 
policy within the scope of their authorities;    (12)  establishing of an export price – calculation of a certain size of an export price where 
the actual export price has not been established, or it is considered ungrounded. The procedure of 
establishing of an export price is specified in Article 8 of this Law;   
 (13)  exporting country – a country of origin of goods, imported into the importing country. 
An intermediary country (customs union or economic group) may be an exporting country as well, except cases, where the specified goods are conv eyed as transit through this country, are not 
produced in this country or these goods have no comparable price in this country;  
  (14)  importing country – Ukraine;   
(new clause 14 was added to Article 1 
according to the Law of Ukraine N 3027-IV of 1 November 2005, 
therefore clauses 14 - 27 shall be considered clauses 15 - 28) 
 
 (15)  country of origin – a country (customs union or economic group) in which the goods have been totally manufactured or subject to sufficient processing or treatment;  
 
 (16)  national producer – aggregate number producers of similar goods or those producers whose aggregate production of such goods consti tutes the major proportion of the whole amount 
of production of such goods in the importing co untry. The peculiarities of  identification of the 
national producer are determined in Article 11 and part six of Article 12 of this Law;  
  (17)  normal value – equivalent of the goods' price in the domestic market. The procedure of 
determination of a normal value is stipulated in Article 7 of this Law;  
  (18)  period of investigation – period, preceding the initiation of an anti-dumping 
investigation, within which the facts of the presen ce of dumping are investigated. The procedure of 
determination of the period of investigation is specified in Article 13 of this Law;    (19)  sales – transfer of property by one person into ownership or use and (or) possession 
and (or) at disposal of other person, particularly , transfer under the agreements of purchase and 
sale, property lease, other civil and legal agreements, or in case of substitution of one obligation by another, or changes in the terms of obligations' fulfillment;  
 
 (20)  parties of an anti-dumping investig ation – a foreign producer, exporter, importer, 
union (association), competent authorities of the exporting country, national producer etc., which 
have been notified of the initiation of an anti-dumping investigation according to the established 
procedure;   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   (21)  interested party – any person notifying the central body of executive power in the field 
of economic policy (hereinafter – "the Ministry") of his interest in participation in an anti-dumping investigation in accordance with part twelve of Article 12 of this Law and who is taking an active part in the anti-dumping investigation through providing written evidence or other information, 
sufficient for the purposes of this investigation. The following may be the interested parties:  
 
(paragraph one of clause 21 of Article 1 is as amended by 
the Law of Ukraine N 1595-III of 23 March 2000) 
 
- a foreign producer, exporter or importer of goods subject to an investigation, or union 
(association), where the majority of member s make foreign producers, exporters or 
importers of goods subject to an anti-dumping investigation;  
- the competent bodies of an exporting country of goods subject to an investigation;  
- a national producer, manufacturer or wholesale seller of similar goods in the importing 
country;  
- a union (association) where most of its members produce or perform a wholesale trade of 
similar goods in the importing country; 
- a trade union, uniting the employees of enterp rises producing or performing a wholesale 
trade of similar goods in the importing country; 
- bodies of executive power of the importing co untry within the scope of their authority; 
 
 (22)  traditional trade operations – conditions and business practice which within a 
substantial term preceding the export of goods, subject to an investigation, were traditional for trade with such goods, or goods having similar conditions of production, sales or marketing;  
 
 (23)  comparable price – price of the similar goods in the exporting country that is practiced in the traditional trade operations;  
 
 (24)  goods – any products for sale;    (25)  goods with a short-term product cycl e – goods which due to emerging of advanced 
technologies are recognized outdated, according to the conclusion of the Ministry and 
Interdepartmental International Trade Commission (hereinafter - the Commission). The procedure of determination of goods with a short-term product cycle is specified in Article 26 of this Law;  
 
 (26)  similar goods – identical goods i.e. alike by all characteristics on goods subject to an investigation, or in case of the absence of such goods, other goods, which though are not alike by 
all characteristics, have indicative signs, clos ely resembling those of the goods subject to an 
investigation;    (27)  goods subject to an investigation – goods importation of which into the importing 
country subject to an anti-dumping investigation and which are identified as such in the 
corresponding notification on initiation and conducting of the specified investigation;   
 (28)  Ukrainian producers – producers of the similar goods or immediately competitive 
goods, manufactured in the importing country.   
Article 2. Sphere of Application of this Law 
 1. This Law shall be applied to the import of goods which are a subject of dumping, provided such import causes damage to the national producer of similar goods.  
 
 The goods shall be considered a subject of  dumping where their export price in the 
importing country is lower than a comparable price of similar goods in the exporting country in 
traditional trade operations.  
 2. This Law does not include the application of:  
 
 (1)  special rules in the field of agriculture;    (2)  measures applied within the General Agreement on Tariffs and Trade (hereinafter – 
the GATT) and the World Trade Organization (hereinafter - the WTO);  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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 (3)  special rules established by the international agreements of Ukraine obligation of which has been approved by the Verkhovna Rada of Ukraine.   
Article 3. Bodies Conducting the Anti-Dumping Investigation 
  The anti-dumping investigation in Ukraine shall be performed under the provisions of this 
Law by the authorized central bodies of executiv e power – the Ministry, State Customs Service of 
Ukraine (hereinafter - the Service) and the Commission.   
Article 4. Language of Conducting  of Anti-Dumping Investigations 
 
1. According to this Law the anti-dumping investigations shall be performed in the state language of Ukraine.  
 
2. Evidence, written proofs and other information provided to the Ministry, the Service or the 
Commission according to this Law shall be considered in the process of an anti-dumping 
investigation under condition they are drawn in the state language of Ukraine.  
 
Article 5. Interdepartmental International Trade Commission 
 
1. The Interdepartmental International Trade Commission is governed by the Head, who takes 
the position of the Minister of Economy and European Integration of Ukraine.  
 
 Members of the Commission shall be Chair of the Commission, their First Deputy, deputies 
and officials from bodies of executive power.   
(new paragraph two was added to part one of Article 5 according to the  
Law of Ukraine N 3027-IV of 1 November 2005, therefore  
paragraph two shall be considered paragraph three) 
 
 The Head of the Commission, his first de puty, deputies and other members of the 
Commission shall be appointed according to part two of this Article.  
 
(part one of Article 5 is as amended by the Law of Ukraine 
N 1595-III of 23 March 2000) 
 
2. Part two of Article 5 is expelled:  
 
(according to the Law of Ukraine N 1595-III of 23 March 2000, 
due to this, parts three - eleven shall be read as parts 
two-ten respectively) 
 3. The Cabinet of Ministers of Ukraine shall appoint the stuff of the Commission on the proposal 
of the Head of the Commission.  
 4. The work of the Commission shall have the form of sittings.  
 
 Sittings of the Commission shall be held at the Ministry's location.  
  Sittings of the Commission shall be held on demand of the Head of the Commission, on the 
grounds of a founded demand of a member of the Commission, submitted to the Head of the 
Commission or in other cases with observation of terms, envisaged by this Law.   
5. The Sittings shall be called by the Head of the Commission and in case of his absence- by 
his first deputy or vice-head of the Commission and shall be held not earlier than on the fifth day and not later than on the tenth day after forwarding of the corresponding notification.  
 
 Together with the notification, all the required information regarding issues, put forward for consideration by a relevant Commission's sitting, shall be forwarded to the members of the Commission.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   In case of necessity, experts of state-owned or private institutions, as well as foreign 
experts, may be invited to the sittings of the Commission.   6. The sitting of the Commission shall be considered authorized if not less than half of the total 
number of members of the Commission is present.  
  The Commission shall, within the scope of its authorities, take decisions, arrange and 
supervise their implementation. Only members of  the Commission may vote for adoption of a 
corresponding decision.    Acts of the Commission, particularly those, concerning the performance of an anti-dumping 
investigation and application of anti-dumping measures, shall be obligatory for execution.  
 7. The following decisions may be taken at the sittings of the Commission:  
 
 (1)  on initiation of an anti-dumping investigation;   
 (2)  on positive and negative conclusions as to the presence of dumping and methods, 
enabling to determine the margin of dumping;    (3)  on positive or negative conclusion as to the presence of damage and its size;  
 
 (4)  on determination of a cause-and-effect relation between the dumped imports and the damage;  
 
 (5)  on application of anti-dumping measures;   
 (6)  on other matters within the authorities, envisaged by this Law.  
 8. Decisions of the Commission shall be taken by a simple majority of vote and in particular cases, envisaged by this Law, by two-thirds (qualified majority) of its members' votes.  
 
9. Decision of the Commission, taken by a simple majority of vote, shall be deemed taken, provided the majority of members of the Commission have voted for it. In case of equal division of 
votes the vote of the Head of the Commission is casting.  
 10. Decision of the Commission taken by a qualif ied majority of votes shall be deemed taken, 
provided two-thirds of members of the Commission have voted for it.  
 11. In case of necessity, decisions of the Commission as to issues, specified in clause 6 of part six of this Article, may be taken under the regular procedure by means of visaing  of the draft of 
the corresponding decision by members of the Commission. In this case the Head of the 
Commission shall inform the members of the Commi ssion thereof and propose to them to express 
their opinion as to this matter in terms within which this opinion can be considered and which do 
not exceed the terms, established by this Law.  
 
(part ten of Article 5 is as amended  
by the Law of Ukraine N 1595-III of 23 March 2000) 
 
Article 6. Terms 
 
1. Terms of fulfillment of all the activities according to this Law shall be established by this Law 
or determined by the Commission or the Ministry. Right to fulfillment of any activities shall be lost upon expiration of the specified terms. All docume nts, submitted after expiry of these terms shall 
not be considered. The Commission or the Ministry may take decision on prolongation or 
resumption of the terms, under the presence of substantial grounds for this.   
2. The terms established by this Law, or determin ed by the Ministry or the Commission shall be 
measured in years, months and days.   3. The terms may as well be determined by a reference to the event, which is inevitable to 
happen.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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4. The term measured in years shall terminate on the respective month and date of the last 
year of this term.   
 The term measured in months shall terminate on the respective date of the last month of 
this year. If the ending of the term falls on the month with no respective date, such term shall expire on the last day of that month.  
 
 If the term is determined by days, it shall be  measured starting from the day, following the 
day of the beginning of this term.   
 The term, determined by a reference to the event, which is inevitable to happen, shall be 
measured starting from the day followin g the date of this event's beginning.  
 
 Provided the ending of the term falls on the day-off, the first working day, following the day-
off shall be the last day of that term.   
 The last day of the term shall terminate by th e moment of ending of the working day at the 
Ministry, the Service or the Commission.    The term shall not be deemed violated, provided prior to its expiration date documents have 
been submitted to the Ministry, the Service an d the Commission correspondingly and registered 
according to the established procedure.   
Chapter II 
DETERMINATION OF DUMPING AND DAMAGE 
 
Article 7. Procedure of Calculation and  
Determination of the Normal Value 
 1. Generally a normal value is determined on the basis of prices, established in the process of a 
traditional trade operation between the inde pendent buyers of the exporting country.  
  Sales and operations may be deemed those which have not been completed within the 
traditional trade operations, where:  
 
- such sale or operation have characteristics which are exclusive for the market subject to 
an investigation;  
 
- sales of goods are carried out at prices that co nsiderably differ from those, practiced in the 
market; with extra large profits; under not ordinary conditions of sales and (or) sales to 
the party who is a partner or has entered into the compensation agreement; or at prices, 
determination criteria of which are different from the mechanism of functioning of the market economy.  
 
2. Where an exporter does not produce or sell the similar goods in the exporting country, the 
normal value shall be determined basing on the prices, established by other sellers or producers.  
 
3. Prices set between associated parties (between  controlling and controlled parties) or parties 
entering into a countervailing agreement shall not be  considered prices prevailing in ordinary trade 
transactions and shall not be used in determining normal value, unless it is established that such 
prices have no impact on the relations between the parties. 
 
(part three of Article 7 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005) 
 4. In order to determine a normal value, the sale s volume of the similar goods, destined for the 
consumption within the domestic market of the exporting country, shall be used provided such 
sales volume is not less than 5 % of the sales volume of such goods in the importing country. In order to determine the normal value the sales volumes of the similar goods that are less than 5 % of the volume of sales of such goods in the importing country shall be used, under condition the 
established prices are deemed indicative in the market a subject to consideration.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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5. If there were no sales of similar goods in the traditional trade operations or such sales were not substantial, or due to the peculiarities of th e domestic market of the exporting country, such 
sales cannot be used for the proper comparison, a normal value of the similar goods shall be 
determined by means of one of the following methods:  
  (1)  on the basis of the production costs in the country of origin, increased by the grounded 
amount of trade, administrative and other general costs and the grounded profit amount;  
  (2)  on the basis of export prices, practiced in the traditional trade operations in a corresponding third country, provided such prices are considered indicative.  
 
6. Sales of the similar goods in the domestic market of the exporting country or sales for 
export to a third country at prices lower than cost per unit (fixed and variable) for their production, 
increased by the trade, administrative and other general costs, may be treated as those, 
performed beyond the framework of traditional tr ade operations exclusively as a consequence of 
their price and may be not taken into account while determining a normal value, where it is 
established that such sales have been performed within a considerable term in substantial volumes 
and at prices, not enabling to recover all the costs within the grounded term.   7. In case the prices are lower than the cost s by the moment of sale, but higher than the 
weighted average costs in the period of investigation, such prices shall be treated as those 
enabling to recover the costs within the grounded term.   
8. Sales at prices, which are lower than per unit costs of production shall be treated as sales 
being carried out in substantial volumes and within a considerable period of time, provided it has been established that:  
 
 (1)  the weighted average sales price is lower than the weighted average per unit costs of production; or  
 (2)  or volume of sales at prices, that are lower than per unit costs, is not less than 20 % of 
sales, used for determination of the normal value.   
(clause 2 of part eight of Article 7 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
 A considerable period of time shall normally mean a period up to one year but not less than 
six months.   9. For the purpose of this Article, costs shall be  generally calculated on the basis of accounting 
reports of the party, a subject to an anti-dumping investigation, under condition such accounting 
report is made according to the principles and norms of bookkeeping, generally accepted in the country which is a subject of consideration and completely reflects the costs, related to the 
production and sale of goods subject to consideration.  
 10. The Ministry shall take into consideration th e evidence, concerning the actual allocation of 
costs, including evidence, provided by the exporter  or producer in the course of an anti-dumping 
investigation, under condition that in the process of the specified investigation it is proved that such allocation of costs has been traditionally exercised by the exporter or producer. Unless another method for determination of costs allocation can be applied, the specified allocation of 
costs shall be established on the basis of numerical indicators of goods turnover. In the event it is 
impossible to verify cost allocation, cost values shall be verified and accordingly adjusted by the value of:  
 
(1)  non-replacement cost items which produce an effect for the current and (or) future 
production; or 
 
 (2)  items of costs which taking into account the corresponding circumstances, during the period of investigation were destined for launching the production.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  11. Provided within a certain period of time, requ ired for the recovery of production costs, such 
costs were caused by utilization of a new production equipment which requires substantial additional investments, or by low factors of utilization of the production capacity due to launching the production, which took place within the whole or a certain period of an investigation, the 
average costs at the stage of launching the produc tion are those costs which are included to the 
weighted average costs amount, specified in part se ven of this Article, incurred at the end of the 
stage of launching the production and calculated by means of measurement of the period subject 
to an investigation, according to part ten of this Article. Duration of the stage of launching the 
production shall be determined in accordance with the circumstances that arose for the producer or exporter of goods subject to an investigation, but shall not exceed the relevant initial stage of the period, required for the recovery of production  costs. For the purpose of adjustment of costs, 
incurred within the period of an investigation, any information related to the stage of launching the 
production which exceeds such period, shall be taken into account under condition it has been filed before the beginning of verifications according to Article 29 of this Law, and within three months 
from the date of initiation of an anti-dumping investigation.  
 12. The amounts of trade, administrative or any other general costs, as well as amounts of 
profits shall be established on the grounds of actual data concerning the production and sale of 
similar goods by the exporter or producer, subject to an anti-dumping investigation, in the course 
of traditional trade operations. Where the specified amounts cannot be determined on the basis of actual data, they shall be determined on the grounds of:  
 
 (1)  the weighted average actual amounts paid or received by other exporters or producers subject to an anti-dumping investigation during production and sale of the similar goods in the 
domestic market of a country of origin;  
  (2)  the actual amounts paid or received  by the exporter or producer, subject to 
consideration, during production and sale within the traditional trade operations in the domestic 
market of a country of origin of the same category of goods;    (3)  any other acceptable and grounded method, on condition the amount of profit so 
established shall not exceed the profit, generally received by other exporters or producers in case 
of sales of goods of the same category in the domestic market of a country of origin.   
Article 8. Procedure of Settlement and  
Determination of the Export Price 
 
1. The export price of goods is a price, which is actually paid or is subject to payment for goods 
from the exporting country, which are sold in the importing country.   2. In case the export price is not established or it is deemed ungrounded (due to the presence 
of partnership or compensation agreement or an agreement between the exporter, importer or the 
third party), the export price may be established:   
 (1)  on the basis of the price at which the im ported goods are first resold to an independent 
buyer; or  
 (2)  any other acceptable grounded basis, provided the goods are not resold to an 
independent buyer, or are not resold in the condition in which they have been imported.   3. In cases stipulated in part two of this Article, in order to establish a grounded export price of 
goods subject to consideration, all costs, includ ing taxes and fees (compulsory payments), charged 
for import or resale, as well as profits received, shall be adjusted in the customs territory of the importing country.  
 
4. The costs, subject to adjustment, shall no rmally include those costs, incurred by an 
importer, but paid within the territory of the importing country or outside its borders by each of 
the parties, which may be a partner or a party that entered into the compensation agreement with 
an importer, exporter or a third party. Particularly adjustment shall be carried out with respect to:    (1)  transportation, insurance, and shipment costs as well as additional costs;  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   (2)  customs duty, anti-dumping duty, other taxes and fees (compulsory payments), 
charged on the import or sale of goods;    (3)  grounded amounts of trade, administrative  and other general costs as well as profits.  
 
Article 9. Comparison of the Normal  Value with the Export Price and  
Determination of a Margin of Dumping 
 
1. In order to determine the dumping margin, the normal value, established, according to Article 7 of this Law, shall be compared with the export price, established according to Article 8 of this Law. Such a comparison shall be performed on the basis of identical basic delivery terms 
(normally FOB plant) for the sales, carried out on the closest date, pursuant to which the 
corresponding information is available. The basic delivery terms shall be determined according to the International rules of interpretation of commercial terms "Incoterms". The corresponding 
adjustment in this case shall be performed ta king into account the amounts of differences, 
affecting the comparability of prices, i.e. the differences, calculated in the course of adjustment of the factors, stipulated in clauses 1-11 of part four of this Article.  
 
(part one of Article 9 is amended pursuant  to Law of Ukraine of 05 July 2012 N 5060-VI) 
 2. Unless the normal value and the export price, determined according to this Law, can be 
compared in accordance with part one of this Ar ticle, the adjustment of amounts of differences, 
calculated in the course of adjustment of the factors, of the presence of which the interested parties stated in the process of an anti-dumping investigation and which are proved to affect the 
prices and their comparability, shall be performed.  While performing the specified adjustments, no 
repeated adjustment shall be made as to redu ctions, volumes and basic terms of delivery.  
 
3. An interested party, which demands an adjustment, should prove that this demand is 
substantiated.   4. An adjustment as to calculation of amounts of differences in the below stated factors which 
affect the comparability of prices shall be carried out under such rules with respect to:  
  (1)  physical characteristics.  
 
 The normal value and the export price shall be adjusted correspondingly by the amounts 
which suit the accepted amounts of difference s in the market value of goods, subject to 
consideration, depending upon their physical characteristics;  
  (2)  taxes and fees (compulsory payments) charged on the imports.   
The normal value shall be adjusted by the amounts of compulsory payments, charged upon the 
imports of goods, and (or) indirect taxes and fees  charged on the similar goods and (or) materials, 
which are their physical components (in the amount of actual payment), provided these goods are 
destined for the consumption in the exporting country and which shall be refunded in case of 
exportation of these goods into the importing country.   
 (3)  rebates and volumes of sales. 
  The rebates (price rebates, other trade rebates, privileges, etc.) used for stimulation of sales and (or) increase in the volumes of sales, shall be taken into account if they have been actually 
applied or where there are sufficient evidence to co nsider that such rebates are provided and they 
are directly related to goods subject to consideration.   
 The normal value and export price shall be adjusted correspondingly by the amounts of 
differences in the rebates, including those, provided in accordance with the sales volumes, if such rebates has been properly calculated pursuant to the sales volumes of goods subject to 
consideration and directly concern the aforemention ed sales. An adjustment by the amount of the 
deferred rebates shall be also completed, provided the demand of an interested party is based on the actual data for the previous periods as to acquisition of rebates, including the agreement on the volumes of sales;  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   (4)  basic terms of delivery.  
  Basic delivery terms for the adjustment shall be the terms of FOB plant. An adjustment by 
the amount of differences in the basic terms of delivery shall be performed where:  
 
- it has been established that for the sales network within two markets the export price, 
including the established export price, is prac ticed on the basis of different basic terms of 
delivery regarding the normal value;  
- such difference in the aforementioned basic delivery terms affects the comparability of 
prices which could be proved by the presence of constant and clear distinctions in functions and differences in prices of the sellers becaus e of the different terms of delivery in the 
domestic market of the exporting country.  
  The normal value and the export price shall be  adjusted correspondingly by the amounts of 
differences so established in the market value of goods, subject to consideration; 
 
(5)  transportation, insurance, loading (unloading) costs and additional costs. 
 
 The normal value and the export price shall be  adjusted correspondingly by the amounts of 
differences in costs, directly related to the good s subject to consideration, and shall be paid for 
delivery of goods from the exporter's warehouses to the first independent buyer's location only 
under condition such costs are included into the specified prices. These prices include the 
transportation, insurance, and shipment costs as well as additional costs;   
 (6)  packaging costs. 
  The normal value and the export price shall be  adjusted correspondingly by the amounts of 
differences in costs, directly related to the packaging of goods, subject to consideration;  
  (7)  costs of credit.   
 The normal value and the export price shall be  correspondingly adjusted by the amounts of 
differences in values of the credit, granted for the relevant sales of goods, in case such factor is used while establishing the price for these goods;  
 
 (8)  after-sale costs.   
 The normal value and the export price shall be  correspondingly adjusted by the amounts of 
differences in direct costs, directly connected with providing surety, technical assistance (consultations) and services, envisaged by the legislation of an exporting country (country of origin or comparison) and (or) purchase and sale contract;  
 
 (9)  commission fee.   
 The normal value and the export price shall be  correspondingly adjusted by the amounts of 
differences in commission fees paid in the process of sales of goods, subject to consideration;   
 (10)  currency conversion costs. 
  Where the comparison of prices requires a conv ersion of currencies, such a conversion shall 
be completed at the exchange rate as of the date  of sale of goods subject to consideration.  
 
 In case a sale of foreign currency, directly connected with the sale for export, has been performed under the forward agreements the exchan ge rate, which is practiced in sales under the 
forward agreements, shall be used. The date of th e sale under the forward agreement shall be the 
date, specified in the corresponding invoice, however the date of signing the contract, date of order or date of confirmation of the order as well as other date, provided it is more appropriate for 
establishing of considerable sales conditions, may be used as well.  
  In the process of an anti-dumping investigation current fluctuations in exchanging rate shall not be taken into account, and the interested exporters shall be given not less than 60 days to 
reflect the long-term fluctuations in the rate of exchange within the period of investigation.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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(11)  amounts of adjustments.  
  The amount of adjustment shall be calculated on the basis of actual data concerning a 
certain anti-dumping investigation and the period of investigation, or actual data of the last 
financial year.   
5. The margin of dumping shall be determined through comparison of the normal cost and the 
export price. The difference by which the normal  value exceeds the export price shall be the 
amount of dumping margin.   
6. Where the margins of dumping are different, the weighted average value of the margin of 
dumping may be calculated.   
7. The presence of a margin of dumping shall be generally determined within the period of 
investigation by means of comparison of:   
 (1)  a weighted average value of the normal co st with the weighted average value of export 
prices of all exporting operations in the importing country;    (2)  or individual normal value with individual export prices in the importing country for each 
operation.  
 8. A weighted average value of the normal value may be compared to the prices of all 
individual export operations in the importing country provided that:  
  (1)  structure of export prices is significantly different with different buyers, in various 
regions or within a certain period (periods);  
  (2)  it is impossible to determine the actual value of a margin of dumping by methods, stipulated in parts six and seven and clause one of this part.  
 
(clause 2 of part eight of Article 9 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
9. When establishing a margin of dumping according to this Article, the methods of sampling, may be used according to Article 30 of this Law.  
 
10. In the case where product is not imported di rectly from the country of origin but from the 
country of export, the export price of the product shall normally be compared with the comparable 
price in the country of export. However, comparison may be made with the price in the country of 
origin, if the products are merely transshipped through the country of export, or such products are 
not produced in the country of export, or there is no comparable price for them in the country of export.  
 
(part ten was added to Article 9 
according to the Law of Ukraine N 3027-IV of 1 November 2005) 
 
Article 10. Procedure of Settlement and  
Determination of Damage 
 
1. In the process of investigation the presence and the size of damage, caused to the national 
producer in one of the following forms, shall be established, unless otherwise stipulated by this Law:  
 
 (1)  considerable damage, caused to the national producer;   
 (2)  threat of infliction of consider able damage to the national producer;  
  (3)  substantial impediment to the national producer in launching or expansion the production of similar goods subject to consideration.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  2. Establishment of the presence of damage shall be based on evidence and involve an 
objective investigation of the following factors:    (1)  volumes of the dumped imports and effect thereof upon the prices of similar products in 
the market of the importing country;  
  (2)  the consequent impact of these imports on the national producer, which is a logical 
result of effect of the factors, specified in clause 1 of this Article.  
 3. As regards the volume of dumping imports, it shall be investigated whether a serious increase in dumping imports has occurred in absolute terms, with regard to production or 
consumption of relevant goods in Ukraine.  
  As regards the impact of dumping imports on prices for the like products, the following 
issues shall be investigated:  
  (1)  whether prices for goods that are the object of dumping imports were considerably 
below the prices than prices for the like products;  
 
(clause 1 of part 3 of Article 10 is in the wording 
of the Law of Ukraine N 252-VI of 10 April 2008) 
 
 (2)  whether such dumping imports resulted in considerable decrease of prices for the like products;  
 
(clause 2 of part 3 of Article 10 is in the wording 
of the Law of Ukraine N 252-VI of 10 April 2008) 
 
 (3)  whether such dumping imports hampered a possible considerable increase of prices for the like products that would otherwise have occurred.   
(clause 3 of part 3 of Article 10 is in the wording 
of the Law of Ukraine N 252-VI of 10 April 2008) 
 
 When the issue specified in clause one of pa rt two of the present Article is investigated, 
more than one factor specified in this part of the Article shall be considered.   
(part three of Article 10 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005)  
 
4. Where the imported goods from one or several countries simultaneously become a subject 
of anti-dumping investigations, the effect of such imports shall be collectively evaluated under the 
following conditions:   
 (1)  the margin of dumping established in connection with the imports from each country 
exceeds the minimum level, defined in part four of Article 16 of this Law;   
 (2)  the volume of imports from each count ry may not be defined as insignificant;  
  (3)  a collective evaluation of the effects of imports meets the conditions of competition between imported goods and those between th e imported goods and similar goods in the 
importing country.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  5. The examination of the impact of the dumped imports on the domestic industry shall include 
an evaluation of all relevant economic factors and indices having a bearing on the state of the industry, including the fact of a domestic produc er being in the process of recovery from the 
effects of an earlier dumping or subsidization, the magnitude of the actual margin of dumping, 
actual and potential decline in sales, operating profits, market share, productivity, return on 
investments, utilization of capacities; factors affecting domestic prices; actual and potential negative effects on cash flow, inventories, empl oyment, wages, economic growth, ability to raise 
capital or investments. This list is not exhaustive, nor can one or several of these factors 
necessarily give decisive guidance.   
(paragraph ten of part five of Article 10 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005, 
as amended by the Law of Ukraine N 252-VI of 10 April 2008) 
 
6. Damage, caused by the dumped imports, shall be proved in the process of investigation 
through providing corresponding evidence, which concern a certain anti-dumping investigation, and which are forwarded to the Ministry.  
 
 At the same time it is necessary to prove that the volumes and (or) levels of prices, specified in part three of this Article, cause to  the national producer a consequence of impact 
stipulated in part five of this Article and that such consequence is substantial.  
 
 The proof of cause-and-effect relationship between dumped imports and the damage, caused to the national producer, shall be grounded on examination of all proofs, connected with 
the subject of an investigation, which are available with the Ministry.  
 7. The Ministry may investigate other known factors as well, the simultaneous effect of which 
causes damage to the national producer. The dama ge, caused due to the effect of these factors, 
shall not be deemed damage, caused by dumped imports. In this case the interested party may provide information as to one or several of the following factors:   
 (1)  volumes and price of imported goods, subject to an investigation, which have not been 
sold at the dumped prices;   
 (2)  contraction of the market or changes in the structure of consumption;  
  (3)  introduction of trade restrictions and competition between the Ukrainian and foreign 
producers;  
  (4)  development of technologies;   
 (5)  the results of export activity and efficien cy of productivity of the national producer.  
 8. The effect of the dumped imports shall be evaluated regarding the production of similar 
goods by the national producer when the existing evidence enable to compare this production on 
the basis of such criteria as production process, sa les and producer's profits. If such comparison of 
this production is not practicable, the effects of the dumped imports shall be evaluated through 
examination of the production of a group or rang e of the most related goods which include similar 
goods, of which the necessary information can be provided.   9. A determination of a threat of material damage shall be based on facts. The circumstances, 
which shall bring to a situation in which the dumping would cause damage, should be clearly 
forecasted and inevitable.   
10. The following factors shall be taken into account while determination of an availability of 
threat of substantial damage:   
(paragraph one of part ten of Article 10 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
  (1)  a significant rate of growth of dumped imports into the importing country which is an 
evidence of considerable growth of import volumes;  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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 (2)  sufficient export potential at the exporter's disposal or its inevitable and considerable growth, which is an evidence of a probable considerable growth of volumes of dumped exports in the importing country market with consideration of other export markets to which additional 
exports may be supplied;  
  (3)  supply of imports into the importing country which may have a considerable effect, 
resulting in price-cutting or substantially prevent an increase in prices and cause a probable 
growth in demand for the new imports;    (4)  inventories of goods of foreign origin, subject to an investigation.  
 
11. When a decision is approved to the effect  that further dumping imports to the importing 
country from the country of export (exporting countries) are imminent and would do serious injury 
unless preventive measures are applied, all factors mentioned in part ten of the present Article 
shall be considered in aggregate.   
(part eleven of Article 10 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005)  
 
Article 11. Peculiarities of Definition of  
the National Producer 
 
1. According to this Law a national producer is defined as a number of producers of similar 
goods or those of them, the aggregate production of which constitutes a major part of the whole 
production volume of these goods in the importing country with consideration of peculiarities, envisaged by this Article and part six of Article 12 of this Law. The following peculiarities shall be 
taken into consideration while defining a national producer:  
  (1)  in case the producers of similar goods in the importing country are connected with the exporters or importers or they themselves are im porters of goods which are deemed a subject of 
dumping, the rest of the producers, except for the above mentioned ones, may be regarded as 
national producers;   
 (2)  in certain cases, the territory of the im porting country may be divided into two or more 
competitive markets of production of similar goods and producers within each of these markets may be regarded as national producers under the following conditions:  
 
- the producers within each of the specified markets sell all or a major part of the 
manufactured goods in this very market;  
- producers from other areas of the importing country do not fully meet the demand for 
goods, subject to consideration, within each of such markets. Under such circumstances, 
the presence of damage, shall be proved even if this damage is not caused to most of 
enterprises, owned by the national producer on condition, the dumped imports are 
concentrated within such individual market and cause damage to the producers of all or 
most of enterprises, producing similar goods within such individual market.  
 
2. The producers shall be considered connected with the exporters or importers under the 
presence of one (or several) of the following conditions:    (1)  one of them directly or indirectly controls the other;  
 
 (2)  both of them are directly or indirectly controlled by a the third person;   
 (3)  together they directly or indirectly control a third producer, which affects the activity 
(inactivity) of such producers to that extend, that th is activity (inactivity) differs from that of other 
producers, which are not connected with exporters, importers or producers, determined in 
clauses 1 and 2 of this part.  
 
The producer (exporter, importer) may control another subject when he may legally or 
actually influence the latter, or exercise its administration  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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Chapter III 
INITIATION OF ANTI-DUMPING PROCEDURE AND  
ANTI-DUMPING INVESTIGATION 
 
Article 12. Initiation of an Anti-Dumping Procedure 
 
1. An investigation aimed at identification of the presence and the impact of dumping which is 
stated to have taken place, as well as the amount of a margin of dumping shall be introduced by the Ministry through initiation of an anti-dumping procedure upon a complaint, submitted by a national producer or other person on his behalf , except case, envisaged by part eight of this 
Article.  
  The complaint shall be submitted in a written form by the applicant - the national producer, 
physical or legal person, acting on behalf of the national producer.  
 2. The complaint shall be submitted to the Minist ry by a registered letter or delivered to the 
Ministry under a notice of receipt. The Ministry  shall forward a copy of the complaint to the 
Commission to be examined by all its members.    The day, following the day of receipt and regist ration of the complaint with the Ministry shall 
be considered the first day of submission of the complaint.  
 3. Where the complaint has not been submitted directly to the Ministry according to the 
procedure, stipulated in part two of this Article, or when a corresponding body of executive power 
of the importing country has the relevant evid ence of dumping and damage, the corresponding 
body shall immediately forward or submit the complaint to the Ministry. Trade unions of employees 
of the national producer's enterprises shall enjoy a similar right to filing a complaint to the Ministry 
according to the procedure, established by this Article.   4. The complaint, submitted by the applicant acco rding to parts one-three of this Article, shall 
contain the evidence of the presence of dumping and damage that are stated to take place and a 
cause-and-effect relation between them. Particularly, the complaint shall include information, if it is or should be available with the applicant, as to:  
 
 (1)  the applicant and composition of the applic ant, proof of the relevant capability of such 
persons, the volumes and value of production of similar goods by the applicant in the importing 
country. Where the application is submitted on behalf of the national producer, this application 
shall specify:   
- information on the national producer on behalf of which this complaint has been 
submitted, as well as on the volumes and value of similar goods produced by him in the 
importing country;  
- list of all known national producers of similar goods (or associations of national producers 
of similar goods) and, if possible, of the vo lume and value of production of similar goods 
by these producers in the importing country.  
 
 (2)  goods (including their full description), which are stated to be a subject of dumping, 
name of the country (countries) of origin or export, which is (are) a subject of the complaint.    (3)  each generally known exporter or foreign producer and a list of known physical and 
legal persons, which perform importation of goods being a subject of the complaint;  
  (4)  prices at which goods which are a subject of the complaint, are sold for consumption in 
the domestic market of the country (countries) of origin or export (or, where such information is 
available, prices at which the goods are sold from the country (countries) of origin or export to a third country or countries or on the established va lue of goods) and information on export prices, 
or prices at which the goods are first resold to an independent buyer in the importing country;  
  (5)  volumes and dynamics of imports deemed dumped, effect of these imports on prices of similar goods in the importing country market, as well as consequence of such import, which is a 
result of effect of these two factors, for the national producer. This shall be confirmed by factors G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  and indicators affecting the state of the national  producer, according to parts three and five of 
Article 10 of this Law.   5. Upon receipt of the complaint in accordance with the requirements of parts one - three of 
this Article, the Ministry shall initiate an anti-dumping procedure, in the process of which the 
evidence, provided in the complaint, shall be co nsidered, in order to identify whether they are 
sufficient for initiation of an anti-dumping investigation according to part eleven of this Article.  
 
6. According to parts one-three of this Article the investigation, shall be initiated provided the Ministry and the Commission determine that the complaint has been submitted by a national 
producer or other person on his behalf. The co mplaint shall be considered submitted by the 
national producer or other person on his behalf if it is backed by those Ukrainian producers, whose 
aggregate production constitutes more than 50 % of the total production volume of similar goods, produced by that part of national enterprises, which supports the complaint or expresses 
objections. However, no investigation shall be initiated, where the aggregate production with those 
producers, supporting the complaint, constitutes le ss than 25 % of the total volume of production 
of similar goods, manufactured by the national producer. In such case, where by the date of 
submission of the complaint to the Ministry this complaint is backed by those producers whose 
aggregate production constitutes 25 or more % (but less than 50 %) from the total production volume of similar goods, produced by the nation al producer, such an applicant within the anti-
dumping procedure has to meet support (or direct or indirect objections) of other Ukrainian 
producers, in order to establish, prior to the date of initiation of an anti-dumping investigation, 
whether or not such application is backed by those producers, whose aggregate production constitutes more than 50 % of the total producti on volume of similar goods, manufactured by the 
national producer.  
 7. The Ministry and the Commission may not make public the information of the complaint to 
public before taking a decision on initiation of an anti-dumping investigation. Upon receipt of the 
complaint, documented in a proper way, and before initiation of an anti-dumping investigation, the Ministry, by order of the Commission, shall noti fy the corresponding competent bodies of the 
interested exporting country of the initiation of  an anti-dumping procedure. The Ministry shall 
forward a confidential inquiry to the applicant on providing additional copies  of a non-confidential 
version of the complaint within the established terms, for the purpose of their transference 
according to part thirteen of this Article.  
 
8. The Commission may take decision on initiation of an investigation upon complaint, submitted according to part three of this Article, provided it contains sufficient evidence of 
dumping, damage and a cause-and-effect relation according to part four of this Article.  
  After adoption of the decision the Ministry shall start the specified investigation.   
9. During an anti-dumping procedure, the Minist ry shall simultaneously consider evidence of 
dumping and injury provided in the application, evaluate its adequacy and justification to determine whether there is sufficient evidence to ju stify the initiation of an investigation or the 
refusal to initiate such an investigation.  
 
If during an anti-dumping procedure the Mini stry should establish that the evidence of 
dumping, injury or a causal link between dump ing and injury is not sufficient to justify the 
initiation of an anti-dumping investigation, in particular, that the actual or potential volume of dumping imports from the exporting country is negligible or the dumping margin is considered to be de minimis , the Ministry shall recommend that the Commission should not initiate an anti-
dumping investigation and that the Commission should reject the application filed by the applicant 
in accordance with parts one – three of the present Article.   
 The margin of dumping shall be considered to be de minimis  if this margin is less than 2 % 
of the export price.   
 Actual or potential volume of dumping imports from the exporting country shall normally be 
regarded as negligible if the volume of dumped imports is found to account for less than 3 % of imports of the product under investigation in the importing country, unless exporting countries which individually account for less than 3 % of dumping imports of the product under investigation G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  in the importing country collectively account for more than 7 % of dumping imports of the product 
under investigation in the importing country.   
(part nine of Article 12 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005)  
 
10. During an anti-dumping procedure, the applicant shall have the right to recall the application 
before the initiation of an anti-dumping investigation. In this instance, the anti-dumping procedure 
shall be terminated, whereas the application shall be regarded as if it had not been submitted, except for cases when termination of the anti-dumping procedure contradicts national interests.  
 
(part ten of Article 12 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005) 
 
11. The Ministry shall forward to the Commission a report on the results of conducting the anti-
dumping procedure. The Commission shall take a decision on initiation of an anti-dumping investigation upon representation of the Ministry, generally within the period of 30 days from the 
date of submission of the complaint. This decision shall be taken on the basis of evidence, 
substantiated by actual data of an anti-dumping procedure. The Commission in its decision on the initiation of an investigation shall authorize the Ministry to:   
 (1)  immediately to start an anti-dumping investigation;  
  (2)  publish information on initiation of an investigation in the publishing body of the Cabinet 
of Ministers of Ukraine (hereinafter - the newspaper).  
  Where the Commission makes a decision to terminate the anti-dumping procedure upon 
representation of the Ministry because of insuff iciency of evidence for substantiation of the 
complaint, the Commission shall authorize the Ministry to notify the applicant of such decision within 45 days from the date of filing the complaint with the Ministry.   
12. A notification on the initiation of an anti-dumping investigation shall contain:  
  (1)  information on the initiation of an anti-dumping investigation;  
 
 (2)  determination of goods subject to an investigation and determination of the interested countries;  
 
 (3)  brief statement (hereinafter - summary) on information, received by the Ministry;    (4)  a reference, that all information which may be useful for the investigation should be 
forwarded to the Ministry;  
  (5)  terms within the frames of which:  
 
- other parties to antidumping investigation can notify the Ministry of their concern in an 
anti-dumping investigation, and provide written comments pursuant to such anti-dumping 
investigation or other required information. The abovementioned comments and other 
information shall be accounted by the Ministry during the anti-dumping investigation, provided they have been filed with the Ministry within the terms, established in the notification;  
- interested parties have a right to demand the hearings to be held at the Ministry according 
to part six of Article 13 of this Law.  
 
13. The Ministry shall notify the exporters, importers, the known unions (associations) of 
importers or exporters, competent bodies of the ex porting country and the applicants of initiation 
of an anti-dumping investigation. In accordance wi th the requirements of this Law as to protection 
of confidential information, the Ministry may pr ovide the known exporters, competent bodies of 
the exporting country and other interested parties upon their request with a full text of the written complaint. Should the parties of an anti-dumping investigation be proved considerable in number, the Ministry shall forward the full text of the written complaint to the competent bodies of the 
exporting country only.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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14. Conducting of an anti-dumping investigatio n shall not create impediments to the customs 
legalization of goods, subject to an investigation.   
Article 13. Anti-Dumping Investigation 
 1. According to the decision of the Commission the Ministry shall initiate an anti-dumping 
investigation and perform such investigation together with other bodies of executive power of the 
importing country.   2. The aim of an anti-dumping investigation is to determine the presence of dumping and the 
damage. The usual term of an investigation is up to one year, but not less than six months, 
immediately preceding the initiation of an anti-dum ping procedure. In exclusive circumstances this 
term may exceed one year. Any information, not related to the period of investigation is generally 
not taken into consideration.  
  The Ministry shall establish the terms of an investigation.  
 
3. The Ministry is entitled to send questionnaires to the known exporters, importers, other parties of the antidumping investigation deemed re levant or to competent bodies of an exporting 
country in order to obtain information and evidence to be used in the antidumping investigation. 
Replies to the questionnaire shall be sent to the Ministry within 30 days upon its receipt. The 
questionnaire is considered to be received one week upon the date of its sending to the respondent or submitting to a respective diplom atic representative of the exporting country.  
 
The period for providing the reply may be extended by the Ministry taking into consideration the 
time limit set for a particular investigation and upon condition that the party in question will substantiate the need for such an extension.   
 The Ministry is entitled to request the parties involved to submit information and evidence 
needed for an antidumping investigation. Such a request is binding for parties involved and reply shall be provided within a time period set by the Ministry.  
 
(part 3 of Article 13 is in the wording 
of the Law of Ukraine N 252-VI of 10 April 2008) 
 
4. The Ministry is entitled to obtain from the bodies of executive power of the importing 
country all the necessary information, documents or materials for conducting the anti-dumping investigation. The Ministry, on demand of a member of the Commission, shall forward to this 
member or to the Commission a non-confidential  summary of information, obtained from the 
specified bodies.   
5. While performing an anti-dumping investigation the Ministry shall have the right to:  
  (1)  authorize other bodies of executive power of the importing country to undertake 
inspections or control of the activity of the importers, traders and Ukrainian producers for the 
purpose of execution the Commission's decisions;    (2)  carry out in other countries verification of information, received from the interested 
parties, by consent of the corresponding interested  party and in the absence of objections from the 
officially informed competent bodies of the interested country.   
 For this purpose the Ministry shall specify the terms and methods of performance of such 
supervision and verifications. The bodies of execut ive power of the importing country shall take all 
the necessary measures for satisfaction of such requirements. The authorized representatives of 
the Ministry may participate in the specified verifications and supervision.  
 6. The interested parties that have notified the Ministry of their concern according to part twelve of Article 12 of this Law shall have the right to apply to the Ministry with the demand to 
arrange hearings dedicated to the issues of an anti-dumping investigation, provided:  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
- 28 - 
 
   (1)  they demanded an arrangement of the he arings in a written form within the terms, 
established in the newspaper announcement on initiation of an anti-dumping investigation;    (2)  they have proved to be the interested pa rties that may be affected by consequences of 
an anti-dumping investigation;  
  (3)  there are special reasons for arrangement of the stipulated hearings.  
 
7. On demand of the interested parties which have notified the Ministry of their concern in participation in the investigation according to part twelve of Article 12 of this Law, the Ministry shall provide these interested parties upon their demand with an opportunity to conduct 
consultations with the party which has filed the corresponding complaint or pursues opposite 
interests. These consultations shall be carried out with the strict observance of confidential treatment while providing information.  
 
 Surrender of participation in consultations by parties of an anti-dumping investigation shall involve no negative consequences.  
 
 Information provided verbally to the interested parties according to parts seven and eight of this Article, shall be taken into account by the Ministry in the process of an anti-dumping investigation only under condition it has been submitted in writing.  
 
8. The applicants and the interested parties which have notified the Ministry of their concern according to part twelve of Article 12 of this La w, as well as competent bodies of the exporting 
country, may, upon their written demand, familiarize themselves with any information, provided 
by an interested party, except for confidenti al official documents of the Ministry and the 
Commission, where such information is:  
 
 (1)  related to the protection of their interests;    (2)  not confidential according to Article 32 of this Law;  
 
 (3)  used in the anti-dumping investigation.   
 The interested parties may give their comments as to this information, which shall be taken 
into consideration by the Ministry in the process of an anti-dumping investigation, provided these comments are sufficiently grounded.  
 
9. Any information, provided by the interested parties, on the basis of which a positive or negative conclusion as to the presence of dumpin g and the damage shall be made, is subjected to 
the Ministry's verification with the exception of circ umstances, stipulated in Article 31 of this Law.  
 
 Information and evidence, supplied to the Ministry  by one of the interested parties during an 
anti-dumping investigation, shall be forwarded by this interested party to all other interested 
parties. In case this information and evidence are not forwarded to the Ministry or to the 
interested parties or if they cannot be verified, such information and evidence shall not be taken into consideration by the Ministry in the process of an anti-dumping investigation.  
 
10. The period of an anti-dumping investigation shall not exceed one year from the date when the decision to initiate such an investigation took effect.   
(paragraph one of part ten of Article 13 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005)  
 
 The Commission, by a relevant decision, may prolong the term of an investigation, however 
this term shall not exceed 18 months.   
(paragraph two of part ten of Article 13 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Chapter IV 
ANTI-DUMPING MEASURES 
 
Article 14. Provisional Anti-Dumping Measures 
 
1. Provisional anti-dumping measures may be taken under the following conditions:  
 
 (1)  initiation of an anti-dumping procedure in accordance with the procedure, established 
by Article 12 of this Law;    (2)  initiation of an anti-dumping investigation in accordance with the procedure, established 
by Article 13 of this Law;  
  (3)  publication of notification on initiation of an anti-dumping investigation in the 
newspaper;  
  (4)  the interested parties have been provid ed with a corresponding opportunity to submit 
information and comments according to part twelve of Article 12 of this Law;  
  (5)  in the course of an anti-dumping investigation the Ministry has made a preliminary positive conclusion on the presence of dumpin g and damage, that is a consequence of such 
dumping;  
  (6)  the national interests require application of the provisional anti-dumping measures in 
order to prevent the threat of damage;  
 2. The provisional anti-dumping measures shall be applied upon the Commission's decision not 
earlier than after 60 days and not later than nine months from the date of initiation of the 
corresponding anti-dumping investigation.   3. In case the exporters, importers and prod ucers of goods, subject to an anti-dumping 
investigation, refuse the Ministry's verification of information according to articles 7-9, parts five 
and nine of Article 13 and Article 29 of this Law, not later than within 75 days from the date of initiation of the corresponding anti-dumping investigation it shall be determined, whether the 
provided information is sufficiently grounded for th e preliminary conclusion as to the presence of 
dumping and the damage.   
 Not later than 10 days prior to the possible date of application of the provisional anti-
dumping measures, the Ministry may inform the interested parties of its grounds that in the opinion of the Ministry necessitate submission of the proposal on application of the said measures to be considered by the Commission. The intere sted parties may forward to the Ministry their 
comments on this matter. The Ministry shall consider the commentaries of the interested parties, 
provided they were submitted to the Ministry not later than 5 days prior to the date of taking 
decision by the Commission on application of the provisional anti-dumping measures. The reasons 
for non-acceptance of the comments for consideration shall be stipulated in the corresponding 
decision of the Commission.   
 In this case, the Commission, on the grounds of the specified proposals of the Ministry may 
take decision on application of the provisional anti-dumping measures not later than 90 days since the date of initiation of an anti-dumping investigation.   
4. Where importation of goods with a short-term product cycle into the importing country is an 
object of an anti-dumping investigation, or in ca se the Ministry refuses to perform verifications, 
specified in part three of this Article, the Ministry , not later than 60 days after the date of initiation 
of the corresponding anti-dumping investigation, shall determine whether the provided information 
is sufficiently grounded for making a preliminary conclusion as to the presence of dumping and the damage. Such conclusions shall be made not later than 75 days after the date of initiation of an 
anti-dumping investigation.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  5. If a member of the Commission demands the immediate application of the provisional anti-
dumping measures according to the requirements of parts one and two of this Article, the Ministry 
shall:   
 (1)  make preliminary conclusions as to the presence of dumping and the damage as well as 
on the expediency of application of the provisional anti-dumping measures not later than on the tenth workday after reception of the properly i ssued demand of a member of the Commission;  
 
 (2)  inform the interested parties and the Commission of these conclusions and suggest the date of conducting a Commission's meeting on this issue.   
6. Before completion of an anti-dumping investigation the Ministry shall establish the 
sufficiency of evidence, provided by the applicants, interested parties and bodies of executive power of the importing country as to the presence  of dumping and the damage and expediency of 
application of provisional anti-dumping measures. The Ministry shall inform the Commission on the 
content of these conclusions.   
 Not later than 10 days before the possible date of application of the provisional anti-
dumping measures, the Ministry may inform the interested parties of its grounds that in the opinion of the Ministry necessitate submission of the proposal on application of the said measures to be considered by the Commission. The interested parties may submit their comments on this 
matter to the Ministry. The Ministry shall consider the comments of the interested parties under 
condition they were submitted to the Ministry not later than 5 days prior to the date of making decision by the Commission on application of the provisional anti-dumping measures. The reasons 
for non-acceptance of the comments for consideration shall be stipulated in the corresponding 
decision of the Commission.   
 On the basis of the said proposals of the Ministry the Commission may take decision on 
application of the provisional anti-dumping measures not later than nine months after the date of initiation of an anti-dumping investigation.   
7. Conclusions of the Ministry as to rejection of the provisional antidumping measures do not 
exclude taking a decision by the Commission as to application of the specified measures in the following cases:  
 
 (1)  upon a grounded request of a member of the Commission; or  
 (2)  upon a grounded request of an interested national producer; or 
  (3)  on initiative of the Ministry in case of id entification of a new evidence of the presence of 
dumping and the damage.  
 
8. The provisional anti-dumping measures may be applied through an introduction of collecting a preliminary anti-dumping duty. The rate of th e anti-dumping duty shall be established by a 
corresponding resolution of the Commission.  
  The rate of the provisional anti-dumping duty shall be established:  
 
- in percentage of the customs value of goods su bject to an anti-dumping investigation. The 
customs value of these goods shall be calculated in accordance with the basic terms of delivery CIF the importing country border; or 
- as a difference between the minimum value and customs value of the specified goods, 
calculated in accordance with the basic terms of delivery CIF the importing country border;  
 
 Minimum price is a selling price of the specified goods that shall not cause damage to the 
national producer. The minimum value shall be calculated by the Ministry according to part nine of this Article.  
 
9. The procedure of calculation of minimum price is as follows:    (1)  The Ministry shall calculate the price of g oods, subject to an anti-dumping investigation, 
which was practiced in the market of the importing country within the basic period. The Ministry G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
- 31 - 
 
  shall calculate the weighted average value for the basic period on the grounds of weekly or 
monthly prices. The Ministry shall only once fulfill these calculations using the relevant information provided by the Service, the applicant or the in terested party, or the corresponding information 
received from other sources. The basic period is th e period from six months to five years preceding 
the period of an investigation;  
  (2)  The Ministry shall establish the actual curre nt market price of goods, subject to an anti-
dumping investigation, that was practiced in the market of the importing country in the specified 
period of investigation, within the anti-dumping investigation and the period of application of the provisional measures within the four last w eeks preceding the 25th day of each month;  
 
 (3)  The Ministry shall calculate the variable value in percentage that shall be equal to a 
difference between prices, determined in clauses 1 an d 2 of this part, divided by the price of goods 
that was practiced in the market of the importing country within the basic period;   
 
 (4)  The Ministry shall establish a price of goods, manufactured by the national producer, 
within the basic period with the use of information, received from such producer and (or) from 
other sources in the process of an anti-dumping investigation;  
  (5)  adjustment in price of goods of the nati onal producer shall be defined as a variable 
value in %, calculated according to clause 3 of this part, multiplied by the price value of goods of 
the national producer, calculated according to clause 4 of this part;  
  (6)  the minimum price for the next month shall be established by means of increase in the 
price of goods of the national producer for the basic period by the amount of the specified 
adjustment;   
 (7)  the Ministry shall calculate the minimum price on the grounds of the data available by 
the 25th day of each month;    (8)  the Ministry shall provide the Service with information on the minimum price not later 
than on 1 day of each month;  
  (9)  the minimum price established according to this part shall be valid during the whole 
period of application of the provisional anti-dumping measures;  
  (10)  where the minimum price is calculated for a five year period, the Ministry shall use the 
method of calculation of the minimum price, stipulated in claues1-9 of this part, with the 
adjustment of the required data for a five year period of application of the provisional anti-dumping measures.   
10. The provisional anti-dumping duty shall be paid in a cash or non-cash form or through 
remitting a duty amount to a deposit account, or through a relevant debt commitment, unless otherwise is stipulated by Ukrainian legislation.  
 
11. The rate of a provisional anti-dumping duty  shall not exceed the preliminarily calculated 
amount of a margin of dumping and may be lower than the amount of such margin on condition 
the duty rate is sufficient to prevent the damage, caused to the national producer.  
 
(paragraph one of part eleven of Article 14 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
 The provisional anti-dumping duty shall be charged in a relevant size and in each individual case on a non-discriminatory basis, irrespective of the country of export, if the Commission 
establishes by its decision that importation of the corresponding goods is subject to application of 
the provisional anti-dumping measures.   
 The Commission in the abovementioned decisi on shall identify each supplier of goods 
importation of which into the importing country is subject to application of the provisional anti-dumping measures. Where an anti-dumping investigation is performed with respect to goods, imported by several suppliers from the same country and all these suppliers cannot be identified, 
the decision of the Commission shall specify the exporting country. If an anti-dumping G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  investigation is directed at goods, imported by several suppliers from more than one country, the 
Commission in its decision shall identify either all suppliers or, where it is impossible, all exporting countries.   
 In its decision the Commission shall establish the rate of a preliminary anti-dumping duty, 
imposed on the goods of each supplier (producer,  exporter, and importer), importation of which 
into the importing country market subject to application of anti-dumping measures, and where it is 
impossible to identify all suppliers of such products - all exporting countries shall be identified.  
 12. The customs bodies of the importing country shall charge the preliminary anti-dumping duty 
at the rate and under the terms, established by a corresponding decision on application of the 
provisional anti-dumping measures. A provisional anti-dumping duty shall be imposed irrespective 
of the payment of other taxes and fees (compu lsory payments), including duty charged while 
importing certain types of products into the customs territory of the importing country. 
 
(part eleven of Article 14 is amended pursuant  to Law of Ukraine of 13 March 2012 N 4496-VI) 
 
13. The provisional anti-dumping measures shall be applied within a four months period. The 
Commission may extend this term by two more mo nths, however the total term of application of 
the provisional measures shall not exceed six months. The term of application of the provisional anti-dumping measures shall be extended to six months in those cases, when the exporters 
performing a considerable number of trade operatio ns, subject to an investigation, submit to the 
Ministry request on extension of the term of a pplication of the provisional measures or do not 
object to the prolongation of this term.  
 
 A decision on prolongation of the term of application of provisional measures shall be made upon proposal of the Ministry at the meeting of the Commission by a qualified majority of vote.  
 
14. The Ministry, by order of the Commission, shal l notify the Cabinet of Ministers of Ukraine of 
decisions, made according to this Article.   
15. The application of the provisional anti-dumpi ng measures should not create impediments to 
the customs legalization of goods, subject to an anti-dumping investigation.   
Article 15. Obligations of Interested Parties 
 1. The anti-dumping investigation may be terminated without charging the provisional or 
definitive anti-dumping measures, if:  
  (1)  the Commission made a decision on application of provisional anti-dumping measures;   
 (2)  the Ministry received from the exporter a satisfactory voluntary written obligation to 
reconsider his prices or terminate exporting of goods at dumped prices, into the region of the importing country subject to an investigation, so that to assure the Ministry and the Commission 
that the effect of such dumping, causing the damage, shall be liquidated;  
  (3)  the Ministry files to the Commission the exporter's obligations together with the 
relevant proposals;  
  (4)  The Commission has taken decision to accept the exporter's obligations. The increase in prices pursuant to the exporter's obligations to discontinue the dumped imports:  
 
- shall not exceed the rate, required for the elimination of the margin of dumping;  
- but may be less than the value of the margin of dumping, where the specified increase is 
sufficient for the liquidation of damage, caused to the national producer by the dumped 
imports.  
 
 Where the national producer determines the aggregate number of the producers of a certain 
region according to part one and two of Article 11 of this Law, the exporters shall be given an 
opportunity to offer their obligations as to importation of their products to the corresponding markets according to this Article. In such a case the regional interests shall be taken into account G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  as well, provided the Commission establishes that application of the provisional anti-dumping 
measures meets the national interests.   2. Where the above mentioned obligation is not sufficient for removing the consequences of the 
dumping, or it is not offered within 60 days from the date of the Commission's decision-making on 
collecting of preliminary anti-dumping duty, or if the circumstances, stipulated in parts nine and ten of this Article take place, the Commission shall make a relevant decision on collecting of 
preliminary or definitive anti-dumping duty within the whole territory of the importing country. In 
such cases the Commission by a relevant decision shall identify the producers or exporters, established in the process of an anti-dumping investigation, from imported goods of which the anti-dumping duty shall be collected.  
 
 If the exporters do not propose obligations as to termination of the dumped importations, or disagree with those of the Ministry, this in no way shall influence the anti-dumping investigation. 
However the Ministry may establish that a threat of the damage is more probable in case of 
continuation of dumped imports.   
 The Ministry or the exporters shall propose th eir obligations as to termination of dumped 
imports, where the preliminary conclusions of the Commission provide for the presence of dumping and damage, caused by this dumping.   
 Obligations shall not be proposed after expiration of the term, envisaged by part five of 
Article 33 of this Law, unless it is determined by force-majeure circumstances.   
3. The exporters' obligations to terminate dumped imports shall not be accepted, if the Ministry 
considers them unacceptable, particularly, where the number of actual or potential exporters is substantial, or due to other reasons, including prot ection of the national interests of the importing 
country.  
  Not later than 15 days prior to expiration of the term of application of the provisional anti-
dumping measures, an interested exporter may be notified of the grounds that in the opinion of 
the Ministry necessitate submission of proposal on rejection of the offered obligations to be 
considered by the Commission. Such exporter may submit to the Ministry his comments on this matter, which shall be considered by the Ministry, if provided to the Ministry not later than 10 days 
prior to expiration of the term of application of the provisional anti-dumping measures.  
  The final decision of the Commission shall provide for the reasons of non-acceptance of the 
exporter's comments to be taken into account.  
 4. The exporters, proposing obligations to discont inue the dumped imports, shall submit to the 
Ministry a non-confidential version of such obligat ion, which may be transferred by the Ministry to 
other interested parties.  
 5. Where after consultations between the Minist ry and the interested parties the exporters 
assume obligations to terminate the dumped imports, the Ministry shall approve the preliminary 
conclusions as to termination of an anti-dumping investigation and submit to the Commission a report on the results of such consultations with the proposal to the Commission to take a decision 
on termination of an anti-dumping investigation.  
  The decision of the Commission on acceptance of the exporters' obligations to terminate dumped imports and the decision on termination of the anti-dumping investigation shall be taken 
by a qualified majority of vote within one month from the date of making conclusions of the 
Ministry on termination of the anti-dumping investigation. The anti-dumping investigation shall be deemed terminated, where the Commission did not approve any other decision within one month 
from the date of submission of th e said report by the Ministry.  
  In case the Ministry does not make a decision on termination of the anti-dumping 
investigation, the Ministry shall immediately forward to the Commission a detailed report on the 
results of the conducted consultations with a proposal to apply the anti-dumping measures.   6. In case the exporter's obligations to term inate the dumped imports are accepted by the 
Commission, the Ministry, shall generally, continue the anti-dumping investigation for the purpose G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  of its termination. Where the Ministry makes a negative conclusion as to the presence of dumping 
or the damage, the obligation shall lose its validity, except cases, when the specified conclusion to a considerable degree is a result of fulfillment of obligations as to termination of dumped imports. In such cases the Ministry may demand that the obligations be valid during the term, required for 
the liquidation of consequences of the dumped imports.  
  Provided the Ministry makes a positive conclu sion as to the presence of dumping and the 
damage, the exporter's obligation to discontinue the dumped imports shall be in effect according 
to the relevant Commission's decision.    The Ministry shall immediately submit to the Commission a report on the decisions, made 
pursuant to the provisions of this part. The Commission at its meeting may approve another 
decision by a qualified majority of vote.   
7. The Ministry is entitled to demand from the exporter, which assumed an obligation to 
discontinue dumped imports, periodical reports on performing the said obligation, as well as permission for conducting a verification of information, concerning the fulfillment of such 
obligation. The exporter's refusal to fulfill these requirements shall be deemed a violation of 
obligations.   8. If the exporter's obligations to terminate du mped imports are accepted in the process of an 
anti-dumping investigation, such obligations shall enter into force on the date of termination of the 
relevant anti-dumping investigation.   
9. In case the Ministry identifies the facts of  violation or cancellation by the exporter of 
assumed obligations to terminate dumped imports, the Ministry shall prepare a report with proposals on application of the corresponding anti-dumping measures and submit it to the 
Commission to be considered. The Commission at its meeting shall consider this report and 
according to Article 16 of this Law may take decision by a simple majority of vote on collecting of a definitive anti-dumping duty on the grounds of facts, established in the process of an anti-dumping investigation, during which the exporter assumed obligations to terminate dumped imports. The 
decision on application of the definitive anti-dumping measures shall be taken, if:  
  (1)  according to the results of an anti-dumping investigation, a fact of the presence of 
dumping and the damage is ultimately established by the Commission;  
  (2)  the interested exporter, except cases of the exporter's cancellation of his obligations, 
shall have an opportunity to submit to the Ministry his comments which may be taken into account 
while considering this matter at the meeting of the Commission.   10. The Commission at its meetings shall review the report of the Ministry and other provided 
information, on the grounds of which may take decision on immediate application of the 
provisional anti-dumping measures according to Article 14 of this Law:   
 (1)  if there are reasons to consider that the exporter violates his obligations to discontinue 
dumped imports;   
 (2)  or the exporter violates or cancels his obligations to discontinue dumped imports where 
an anti-dumping investigation, in the process of which such obligations were accepted, has not been terminated.   
 The decision of the Commission on immediate application of the provisional ant-dumping 
measures shall be taken by a simple majority of vote.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Article 16. The Procedure for Terminating an Anti-Dumping Procedure or an Anti-
Dumping Investigation without Application of Anti-Dumping Measures Application  
of Final Anti-Dumping Measures 
 
(the title of Article 16 is in the wording 
of the Law of Ukraine N 3027-IV of 1November 2005) 
 
1. Part one of Article 16 is deleted.  
 
(according to the Law of Ukraine 
N 3027-IV of 1 November 2005)  
 
2. If application of the anti-dumping measures is unnecessary and refusal thereof is not opposed by the members of the Co mmission, the Commission, upon proposal of the Ministry, shall 
terminate the anti-dumping procedure or the anti-dumping investigation without application of the 
anti-dumping measures. The said decision shall be made by a qualified majority of vote.   
3. According to part two of this Article, the Ministry shall prepare a report and notify the 
representatives of the country of origin and (o r) the exporting country and publish a relevant 
announcement in the newspaper, in which the basic conclusions and a summary of reasons for termination of an anti-dumping procedure or an anti-dumping procedure shall be stated without 
application of the anti-dumping measures.  
 4. If during an anti-dumping investigation a conclusion is approved to the effect that the 
evidence of dumping, injury or a causal link between dumping and injury is not sufficient to justify 
the continuation of an anti-dumping investigation, in particular, that the actual or potential volume of dumping imports from the exporting country is  not significant or the margin of dumping is 
considered to be de minimis , upon the Ministry's suggestion the Commission shall make a decision 
on terminating such an anti-dumping investigation without the application of anti-dumping measures.   
 The margin of dumping shall be considered to be de minimis  if this margin is less than 2 % 
of the export price.   
 Actual or potential volume of dumping imports from the exporting country shall normally be 
regarded as negligible if the volume of dumped imports is found to account for less than 3 % of imports of the product under investigation in the importing country, unless exporting countries 
which individually account for less than 3 % of dumping imports of the product under investigation 
in the importing country collectively account for more than 7 % of dumping imports of the product 
under investigation in the importing country.   
 If during an anti-dumping investigation the Ministry should establish that the margin of 
dumping for individual exporters is less than 2 % of the export price, there shall be immediate 
termination of an anti-dumping investigation by the Commission upon the Ministry's suggestion 
without the application of anti-dumping measures against such exporters. These individual 
exporters shall continue to be subject to an anti-dumping procedure and may become subject to a new anti-dumping investigation in the course of the further revision of anti-dumping measures 
that is carried out according to Chapter V of the present Law.  
 
(part four of Article 16 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005)  
 
5. Generally an anti-dumping investigation shall terminate in accordance with the decision of the Commission on application of the definitive anti-dumping measures. The definitive anti-
dumping measures shall be applied under the following principles:  
  (1)  where the Ministry has made the ultimate positive conclusion as to the presence of 
dumping and the damage which is a consequenc e of this dumping, and where the national 
interests require the anti-dumping measures to be applied according to Article 36 of this Law;    (2)  while applying the provisional anti-dumping measures the Ministry shall forward to the 
Commission a proposal on application of the definitive anti-dumping measures one month prior to G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  expiration of the term of application of the specified provisional measures;  
  (3)  on proposal of the Ministry the Commission shall take decision on collection of the definitive anti-dumping duty and establish the rate of this duty, that shall not exceed the value of 
a margin of dumping, calculated according to this Law, and may be less than the value of such 
margin, provided this rate is sufficient to prev ent the damage, caused to the national producer;  
 
(clause 3 of part five of Article 16 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
  (4)  The rate of the definitive anti-dumping duty shall be established:  
 
- in percentage of the customs value of goods su bject to an anti-dumping investigation. The 
customs duty of these goods shall be calculated in accordance with the basic terms of 
delivery CIF the importing country border; or  
- as a difference between the minimum price and customs value of the specified goods, 
calculated in accordance with the basic terms of delivery CIF the importing country 
boarder. In this case the minimum value for a five-year term shall be calculated according 
to part nine of Article 14 of this Law.  
 6. The definitive anti-dumping duty shall be collected in the relevant amount in each case 
individually and on a non-discriminatory basis, i rrespective of the exporting country, provided the 
Commission has established by its decision that importation of the relevant goods is subject to application of the definitive anti-dumping measur es, except imports, with respect to which the 
exporter assumed the corresponding obligations according to this Law.  
  In the said decision the Commission shall identify each supplier of goods, importation of 
which into the importing country is subject to application of the definitive anti-dumping measures. 
Where an anti-dumping investigation is carried out with respect to goods, being imported by several suppliers from the same country and it is impossible to identify all these suppliers, this exporting country shall be specified in the Commission's decision. If an anti-dumping investigation 
is carried out with respect to goods, which are im ported by several suppliers from more than one 
country, the Commission's decision shall determine either all the suppliers or, where it is impossible to establish all the suppliers, - all exporting countries.  
 
 The Commission in its decision shall establish the rate of the definitive anti-dumping duty, charged upon the goods of the supplier (producer, exporter, importer), importation of which into 
the importing country is subject to application of the anti-dumping measures. Where it is 
impossible to identify a supplier (producer, exporter, and importer) of such goods, a rate of the definitive anti-dumping duty for the exporting country shall be established in the decision. 
 
7. If in the process of an anti-dumping investigation the Ministry uses selective methods, 
envisaged by the Article 30 of this Law, an anti dumping duty collected of the imports into the 
importing country, which is performed directly by the exporters or producers who have notified the 
Ministry of their concern according to Article 30 of  this Law, shall not exceed a weighted average 
value of a margin of dumping, established for the comparable exporters or producers. According to this part the Ministry shall not consider zero and insignificant values of dumping margin, as well as 
values, calculated in cases, stipulated in Article 31 of this Law. The individual rates of an 
anti-dumping duty shall be used in cases of dire ct importation to the importing country of goods 
by the exporters or producers, with respect to the imports of which the selective methods of an 
anti-dumping investigation are applied according to Article 30 of this Law.  
 
8. A definitive anti-dumping duty shall be paid at the rate and terms, established in the relevant decision of the Commission on application of the definitive anti-dumping measures. A 
definitive anti-dumping duty shall be paid regardless of payment of other taxes and fees 
(compulsory payments), including duty, which are generally collected during importation of the goods in the importing country.  
 
(part eight of Article 16 is amended pursuant to Law of Ukraine of 13 March 2012 N 4496-VI) 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Article 17. Peculiarities in Application of  
Anti-Dumping Measures 
 1. The provisional and the definitive anti-dum ping measures shall be applied to goods, 
imported into the customs territory of the importing country, after the date of entry into force the 
relevant Commission's decision on application of such measures, except cases, determined by this Law.  
 
2. In the case where a provisional anti-dum ping duty has already been imposed and the 
Ministry should finally establish the presence of dumping and injury, upon the Ministry's proposal 
the Commission may approve a decision to specify the rate of such a provisional anti-dumping 
duty, irrespective of whether or not it will decide to apply the final anti-dumping duty.  
 
(paragraph one of part two of Article 17 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005) 
  The following shall not be taken into consideration while establishing a fact of the damage:  
	
 (1)  sufficient impediment to creation or expansion of the national production of goods 
subject to an investigation;  
  (2)  a threat of infliction of sufficient damage, except those cases, where the Ministry 
establishes, that a threat of infliction of sufficient damage shall develop into considerable damage, 
unless the provisional anti-dumping measures are applied.   
 In all other cases where a threat of infliction a sufficient damage is present or here is 
impediment to creation or expansion of the na tional production of goods, subject to an 
investigation, a preliminary anti-dumping duty shall not be collected and the definitive anti-dumping duty shall be charged after the date of ul timate establishment of a threat of substantial 
damage or considerable impediment to the creation or expansion of the national production of 
goods, subject to an investigation.   
3. In case the rate of the definitive anti-dumpi ng duty is higher than that of the preliminary 
anti-dumping duty, the supplier shall not pay the di fference between these rates. If the rate of the 
definitive anti-dumping duty is lower than ra te of the preliminary anti-dumping duty, such 
difference between these rates shall be refund ed to the supplier (producer, exporter, and 
importer). Should the Commission make an ultimate negative conclusion as to the presence of dumping (damage), the amount of the preliminary anti-dumping duty, paid or remitted to a deposit account of the preliminary anti-dumping du ty, shall be refunded to the supplier (producer, 
exporter, importer) and the debt commitment shall be cancelled.  
 4. The definitive anti-dumping duty may be collected from goods, declared for shipment to the 
customer, within 90 days before the date of application of the provisional anti-dumping measures, 
but not earlier than 60 days before the date of initiation of an anti-dumping investigation, under the following circumstances:  
 
 (1)  importation of the aforementioned good s into the importing country has been carried 
out under the contracts, registered according to part four of Article 28 of this Law;   
 (2)  the Ministry provided the importers with an opportunity to submit their comments;  
  (3)  the Ministry has established that:  
	
- the specified goods have been a subject of dumping for a long period of time in the past or 
an importer was or should have been aware of the existence of dumping, its size and 
(or) damage, which is stated to have taken place, and which has been established in the process of an anti-dumping investigation;  
- besides the imports that cause damage and which have been carried out within the period 
of an investigation, a new substantial growth in the volumes of imports took place, that, taking into account the specific period of its fulfillment, as well as the volume and other 
circumstances (particularly, fast increase of inventories of the imported goods), may 
neutralize the effect of the definitive anti-d umping duty, collected of such imports.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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5. In case of violation or cancellation of exporter's obligations to discontinue the dumped imports, a collection of the definitive anti-dum ping duty from goods may be introduced 90 days 
prior to the date of application of the provisional anti-dumping measures, but not earlier than the 
date of initiation of the corresponding anti-d umping investigation under the presence of the 
following circumstances:   
 (1)  importation of the specified goods into the importing country has been carried out under 
the contracts, registered according to part four of Article 28 of this Law;    (2)  application of the anti-dumping measures according to this part does not apply to the 
imports, entered prior to violation or cancellation by the exporter of his obligations to terminate 
the dumped imports.  
Chapter V 
 
TERM OF VALIDITY OF ANTI-DUMPING  MEASURES, THEIR RECONSIDERATION, 
RESUMPTION OF ANTI-DUMPING INVESTIGAT ION AND REFUND OF THE PAID AMOUNTS 
OF ANTI-DUMPING DUTY 
 
Article 18. Term of Validity of Anti-Dumping Measures and  
General Provisions of their Reconsideration 
 1. The anti-dumping measures shall be applied pursuant to the corresponding decision of the 
Commission within the terms and in the amount, sufficient for liquidation of dumping, causing the 
damage.   
2. A decision on application of anti-dumping measures shall lose its validity not later than after 
five years from the date of their application or from the date of the latest decision of the Commission on reconsideration of anti-dumping measures, the result of which was establishment of the fact of the presence of dumping and the damage, provided in the process of such 
consideration the Commission has not established,  that expiry of the force of anti-dumping 
measures would facilitate the practice or resumption of dumping and cause damage.   
3. The requirements of articles 12 and 13 of th is Law, with the exception of terms, determined 
by these Articles, shall extend to the procedure of reconsideration of anti-dumping measures, which shall be completed according to Articles 18 - 23 of this Law.  
 
4. Reconsideration of the anti-dumping measures shall be performed within undertime, and generally not later than twelve months from the date of initiation of such reconsideration.   
5. The Ministry shall fulfill the reconsideration of the anti-dumping measures according to the 
relevant decisions of the Commission.   
6. Where in the process of reconsideration of the anti-dumping measures the Ministry makes a 
positive or negative conclusion as to the presen ce of dumping and (or) damage, the Ministry shall 
prepare a report with the relevant proposals and submit it to the Commission. On the grounds of 
this report the Commission may make one of the following decisions:  
  (1)  cancel or continue the anti-dumping measures according to Article 19 of this Law;   
 (2)  cancel, continue or change the anti-dumping measures according to articles 20 and 21 
of this Law.   
7. If the decision to cancel the anti-dumping me asures is made only with respect to individual 
exporters, and not the aggregate number of countries , such exporters shall remain the subjects of 
the said anti-dumping procedure and may be subject to a new anti-dumping investigation in case 
of initiation of the next reconsideration of anti-dumping measures in accordance with the 
provisions of this chapter.   8. If according to Article 20 of this Law a reconsideration of the anti-dumping measures is 
carried out at the end of the term of application of anti-dumping measures, specified in Article 19 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  of this Law, such anti-dumping measures shall be reconsidered as well, according to Article 19 of 
this Law.   
Article 19. Reconsideration of  Anti-Dumping Measures  
due to Expiry of their Application 
 
1. Within the first half of the last year of app lication of the anti-dumping measures the Ministry 
shall publish a notice in the newspaper on the date  of expiry of application of such measures.  
 2. Reconsideration of the anti-dumping measures  due to expiry of their application shall be 
initiated on demand of the national producer or th at of a body of executive power of the importing 
country. The anti-dumping measures shall be valid until the Commission makes a corresponding 
decision under the results of this reconsideration.   
3. Not later than three months prior to ending of the five-year term of application of 
anti-dumping measures the national producer or bodies of executive power of the importing country may submit to the Ministry a demand on reconsideration of the anti-dumping measures 
due to expiry of their application.  
 4. Reconsideration of the anti-dumping measures  due to expiry of their application shall be 
initiated, in case the relevant demand contains sufficient evidence that discontinuance of 
antidumping measures is likely to cause continuation of the practice or resumption of damage. 
This probability may be confirmed by:   
 (1)  an evidence of continuation of dumping effect and the damage; or 
  (2)  an evidence of complete or partial liquidation (prevention) of a damage due to 
application of the anti-dumping measures; or 
  (3)  evidence, confirming that the status of the exporters or economic conditions are deemed those, under which the probability of emerging of new types of dumping, causing damage, 
may not be excluded.  
 5. In the process of reconsideration of the an ti-dumping measures due to expiry of their 
application, the exporters, importers, competent bodies and Ukrainian producers shall be provided 
with an opportunity to supplement, refute or comment on the demand to reconsider the anti-dumping measures and conclusions of the Ministry, which contain properly substantiated and 
forwarded to the Ministry proofs as to the possibili ty of continuation of resumption of dumping and 
damage due to discontinuation of the force of antidumping measures.   6. The Ministry shall publish a notice in the ne wspaper on the actual ending of the term of 
application of anti-dumping measures.  
 
Article 20. Intermediate Reconsideration of  
Anti-Dumping Measures 
 1. The Commission may review the necessity of continuation of application of the anti-dumping 
measures on the grounds of a substantiated demand of a body of executive power of the importing 
country, an exporter, importer or a national producer, under condition that at least one year has elapsed from the date of application of the defi nitive anti-dumping measures. Such demand shall 
be submitted to the Ministry and should provide for sufficient evidence and substantiation of the 
necessity of an intermediate reconsideration.  
 2. The intermediate reconsideration shall be initiated if the relevant demand contains sufficient 
evidence, proving that:  
 
(1)  continuation of application of anti-dumping measures is no more necessary for the 
prevention of dumping;  
  (2) and (or) continuation or resumption of damage infliction is unlikely, should the anti-dumping measures be cancelled or altered;  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   (3) the applied anti-dumping measures are not or  shall not be sufficient for the prevention of 
dumping which causes damage.   3. In the process of reconsideration, carried out according to this Article, the Ministry shall in 
particular study:  
  (1) whether the circumstances, of dumping and damage, have considerably changed;  
 
 (2) whether the applied anti-dumping measures had the desired effect and whether there is prevention of damage, previously established, according to Article 10 of this Law;   
 The Commission shall take into account all the properly grounded evidence, related to the 
specified reconsideration, while making its ultimate decision.   
 
Article 21. Reconsideration of Anti -Dumping Measures in order to  
Establish Individual Values of a Margin of Dumping for  
New Exporters or Producers 
 
1. The Ministry, by decision of the Commission, shall reconsider the anti-dumping measures for 
determination of individual values of dumping margins for the new exporters or producers from exporting countries subject to consideration and who have not exported goods within the period of 
investigation, under results of which the an ti-dumping measures have been applied.  
 2. The Ministry shall fulfill the specified reconsideration under the following conditions:  
 
 (1)  a new exporter or producer proves that he is not connected with those exporters or producers from an exporting country, whose importation of goods into the importing country is 
subject to the application of anti-dumping measures;  
  (2)  the exporters or producers, determined in  clause 1 of this part, performed exportation 
of goods into the importing country within the period of investigation, or where the specified 
exporters and producers prove that they have si gned irrevocable contracts on the exports of 
sufficient quantities of products to the importing country.   
3. The Ministry, by decision of the Commission, shall reconsider the anti-dumping measures for 
the purpose of establishing individual values of a margin of dumping for a new exporter or producer from the exporting country. Such reconsideration shall be executed within a short period 
of time, established by the Commission.  
 4. Within the period of such reconsideration the Ukrainian producers may provide their comments on expediency of such reconsideration.  
 
5. Collection of the acting anti-dumping duty from a new exporter, subject to this reconsideration, shall be terminated by a relevant decision of the Commission and mandatory 
registration of contracts on imports into the importing country shall be introduced according to 
Article 28 of this Law, with the aim to resume colle ction of an anti-dumping duty from the date of 
initiation of the relevant reconsideration, in case the presence of dumping on the part of this 
exporter has been proved in the process of such reconsideration.  
 6. The provisions of this Article shall not be applicable, where the anti-dumping duty is charged according to part seven of Article 16 of this Law.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Article 22. Accelerated Reconsideration of  
Anti-Dumping Measures 
 1. An exporter, importing goods to the importin g country, that are covered by the definitive 
anti-dumping duty, who has not been identified as an individual subject of a primary anti-dumping 
investigation by reasons, other than refusal to cooperate with the Ministry, has a right to apply to the Ministry with a demand to initiate an accelerated reconsideration of anti-dumping measures for 
the purpose of establishing by the Ministry and the Commission the rate of the definitive anti-
dumping duty for the said exporter.   
(part one of Article 22 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 2. The Ministry shall perform an accelerate d reconsideration of anti-dumping measures, 
provided the Commission has made a corresponding  decision at its extraordinary meeting.  
 3. While conducting the accelerated reconsideration of anti-dumping measures, a national 
producer may submit to the Ministry his comments on expediency of performing the specified 
reconsideration.  4. Collection of the acting anti-dumping duty from an interested exporter, subject to this 
reconsideration, shall be terminated by a relevant decision of the Commission on performing of an 
accelerated reconsideration of anti-dumping measures. This very decision shall introduce a mandatory registration of contracts on imports into the importing country according to Article 28 
of this Law, which is aimed at resumption of coll ection of the anti-dumping duty since the date of 
initiation of the relevant reconsideration, under condition the presence of dumping with such an exporter has been proved during this reconsideration.  
 
5. Provisions of this Article shall not be applicable in those cases, where the anti-dumping duty is charged according to part seven of Article 16 of this Law.   
Article 23. Resumption of Anti-Dumping Investigation 
 1. If a national producer provides the Ministry with substantial evidence that the anti-dumping 
measures cause no changes or cause insignificant changes in the price of goods, importation of 
which is covered by the anti-dumping measures, wh ile reselling these goods or prices of the next 
sale of such products in the importing country, the Ministry may resume an anti-dumping 
investigation by decision of the Commission, made by a simple majority of vote, in order to define 
to which extend the anti-dumping measures affected the specified prices of such products.   2. After resumption of an investigation pursuant to this Article, the exporters, importers and 
the importing country producers shall be provided with an opportunity to give their comments on 
dynamics of prices of goods, with respect to importation of which the anti-dumping measures are applied, while reselling such goods or prices of the next sale of such products in Ukraine. In case 
the Ministry determines that there is a change in  the aforementioned prices because of application 
of the anti-dumping measures, in order to prevent the damage, established earlier according to Article 10 of this Law, the Ministry shall calculate anew:  
 
 (1)  the export prices according to Article 8 of this Law;    (2)  the size of a margin of dumping for the calculation of new export prices.  
 
 If the Ministry determines that the absence of changes in prices in the importing country is caused by a decrease in export prices before or after application of the anti-dumping measures, 
the value of the margin of dumping may be recalculated with a decrease in export prices taken 
into account.   
3. If during the resumed investigation, the Ministry should establish that the margin of 
dumping has increased, upon the Ministry's propos al, the Commission shall approve a decision by 
a simple majority vote to introduce amendments to  the previous decision regarding the application 
of a new anti-dumping duty rate in connection wi th the establishment of new export prices. Within 
one month after it was submitted by the Ministry, the proposal shall be approved by the G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Commission unless it decides by a simple majority vote to reject it. The anti-dumping duty rate 
established in accordance with this Article shall not be a double of the duty rate established by the Commission in its original decision.   
(part three of Article 23 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005) 
 
4. The corresponding provisions of articles 12 and 13 of this Law shall be applied in the process 
of the resumed investigation, initiated according to this Article. Generally, the resumed investigation terminates not later than after six months from the date of its resumption.   
5. Any changes in the normal value, which are st ated to have taken place, shall be taken into 
account in the process of the resumed investigation if the complete and duly proved by evidence information on the normal value (here and hereinafter in this chapter - more than one normal 
value), inspected by the Ministry is provided to the Ministry within the term, determined in the 
notice on initiation of an anti-dumping investigation. If the normal value is calculated anew in the process of the resumed investigation, the contracts on importation of goods into the importing 
country, subject to such an investigation, are subject to the mandatory registration according to 
Article 28 of this Law prior to making a decision due to the results of the aforementioned resumed 
investigation.   
Article 24. Refund of the Paid Amounts of  
Anti-Dumping Duty 
 
1. An importer has a right to demand the anti-dumping duty to be refunded, provided this 
importer proves and the Commission takes a relevant decision that the value of a margin of dumping, on the basis of which the rate of the sa id duty has been calculated, was decreased to a 
zero rate or to the level that is lower than the value of the preliminary calculated margin of 
dumping, on the grounds of which the anti-dumping duty has been collected.   2. For the purpose of refund of the paid amount s of the anti-dumping duty, an importer shall 
submit a corresponding application to the Service. This application shall contain information on 
customs bodies that carried out the customs legali zation of products, covered by the anti-dumping 
duty. The application shall be supplemented with documents, confirming importation of goods into 
the importing country, their customs legalization and payment of the anti-dumping duty within 
six months from the date of taking the Commission's decision on imposition of the definitive anti-dumping duty or from the date when the ultimate decision on collection of amounts that shall 
secure payments of the preliminary anti-dumping duty has been made.  
  The Service shall immediately forward to the Ministry the originals of such application and the attached documents. Copies of the stipulated  documents shall be directed to the Commission 
and the Ministry of Finance of Ukraine.  
 3. The application on refund of the paid amo unts of anti-dumping duty shall be considered 
properly substantiated, under condition it provides for accurate information on the paid amounts of 
an anti-dumping duty and is accompanied by all the customs documents on settlements and 
payments of the specified amounts. The applicat ion should also contain substantiation of the 
normal value and export prices in the importin g country for the exporters or producers, which 
have paid the anti-dumping duty within the term, established in part two of this Article.    In case the importer is not related to the exporter or producer of the said goods and where 
it is impossible immediately to use the available information, specified in parts two and three of 
this Article, or the exporter or producer refuses to provide the importer with such information, the 
stipulated application shall contain substantiation of the exporter or producer, proving that the 
value of the margin of dumping has been decreased or removed according to this chapter, as well 
as respective evidence, confirming this substantiation.   
 The Ministry shall reject the abovementioned application, unless the exporter or the 
producer submits this evidence within 30 days fr om the date of the Ministry' reception of the 
application.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  4. The Commission on proposal of the Ministry shall consider the specified application together 
with the conclusions of the Service and the Ministry  of Finance of Ukraine and make a decision as 
to its expediency and the extent of its satisfaction. The Commission shall make a relevant decision by the results of such consideration. The Commission may take a decision on initiation of an 
intermediate reconsideration of the anti-dumping measures. The Commission shall use the 
information and conclusions arising from such reconsideration and which are established in compliance with the rules, used during such reconsideration, for the purpose of determination of 
substantiation and the size of refunding of paid amounts of the anti-dumping duty.  
 5. The Commission shall generally take a decision  on refunding of amounts, paid in excess of 
the actual fixed rate of the margin of dumping within twelve months, but not later than eighteen 
months from the date of submission by an import er of the products, subject to application of the 
anti-dumping measures, the application on refunding of paid amounts of the anti-dumping duty. The Ministry of Finance of Ukraine shall refund the stipulated amounts within 90 days from the 
date of making a relevant de cision of the Commission.  
  If the interested importer has not completed the composing of documents on refunding of 
paid amounts of the anti-dumping duty within the terms, specified in this part, these amounts 
shall not be refunded.   
Article 25. Final Provisions on Recons ideration of Anti-Dumping Measures, 
Resumption of Anti-Dumping In vestigation or Refunding of  
Paid Amounts of the Anti-Dumping Duty 
 
1. While reconsidering the anti-dumping measures, resumed investigations or refund of the 
paid amounts of anti-dumping duty in accordance  with this chapter, the Ministry, in case the 
circumstances have not changed, shall act accordin g to the rules of conducting an anti-dumping 
investigation, under the results of which, collection of an anti-dumping duty has been introduced, 
taking into account the requirements of articles 7-9 and 30 of this Law.   2. In the process of an anti-dumping investig ation, in accordance with this chapter, the 
Ministry shall examine the authenticity of export prices according to articles 7-9 of this Law.  
  In case the decision on the development of the export price has been made according to 
Article 8 of this Law, the Ministry shall calculat e the export price without taking into account the 
paid amounts of the anti-dumping duty, under co ndition the Ministry has been provided with 
substantiated evidence, proving that the rate of an  anti-dumping duty properly affects the reselling 
prices of products and prices of the next sale of such products in the importing country.  
 3. The provisions of this chapter shall create no impediments to the customs legalization of goods, subject to an anti-dumping investigation as to reconsideration of the anti-dumping 
measures or refund of paid amounts of the anti-dumping duty, carried out according to this 
chapter.  
Chapter VI 
 
GENERAL AND SPECIAL PROVIS IONS ON COLLECTION  
OF ANTI-DUMPING DUTY 
 
Article 26. Goods with a Short-Term Product Cycle 
 
1. A national producer, manufacturing or processing goods with a short-term product cycle 
may submit to the Ministry an application on establishment of the category of products and 
attributing to this category of goods, with respec t to the imports of which, two or more positive 
conclusions as to the presence of dumping have been made.  
 2. The application shall provide for:  
 
 (1)  information on goods with a short-term product cycle or similar goods, with respect to the imports of which two or more positive conclusions as to the presence of dumping have been made;  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   (2)  information on goods with a short-term product cycle or similar products which the 
applicant is willing to attribute to the same product category, to which the products are included, with respect to the imports of which two or more positive conclusions on the presence of dumping have been made;  
 
 (3)  information on goods with a short-term product cycle, or similar products which the applicant is willing to remove from the category of products with respect to the imports of which 
two or more positive conclusions as to the presence of dumping have been made;  
  (4)  grounds for attributing and (or) removal of goods from the category of products to which goods, with respect to the imports of which two or more positive conclusions as to the 
presence of dumping have been made, according to clauses 2 and 3 of this part;  
  (5)  complete description of goods with a short-term product cycle or similar goods;  
 
 (6)  evidence, proving that the applicant is a na tional producer according to Article 11 of this 
Law.  
 
 The Ministry shall consider the evidence, provided with the application, in order to identify whether they are sufficient for preparation of a corresponding report and transference this 
application to the Commission.  
 
 Where the Ministry makes a positive conclusion on the sufficiency of evidence, it shall make 
a relevant report and submit it to the Commission.  
 
3. Upon receipt of the aforementioned application from a national producer and the relevant report of the Ministry, the Commission shall:  
 
 (1)  apply for the Ministry and the Service for the immediate confir mation of positive 
conclusions, which are the grounds for the aforementioned application;   
 (2)  upon reception of such confirmation determine whether:  
 
- the stipulated goods are subject to positive conclusions as to the presence of dumping and 
whether such goods are goods with a short-term product cycle or similar products;  
- the applicant is an authorized representative of the national producer.  
 
4. In case the conclusions of the Commission, in accordance with clause 2 of part two of this 
Article is positive, the Ministry, by order of the Commission, shall:    (1)  publish an announcement in the newspaper on submission of the application;  
 
 (2)  provide the interested parties, which info rmed the Ministry of their concern according to 
part twelve of Article 12 of this Law, with an opportunity to submit their comments and forward a 
proposal to conduct the corresponding hearings at the Ministry according to Article 12 of this Law.  
 5. Not later than 90 days after submission of the corresponding application according to part 
one of this Article, the Commission, upon the proposal of the Ministry, shall:  
  (1)  determine the volume of the category of products, under which the goods with a short-term product cycle or the similar goods shall be classified and with respect to the imports of which 
positive conclusion as to the presence of dumping have been made;  
  (2)  any time on its own initiative may take a decision on introduction of changes to the 
category of goods, established according to clause  1 of this part. The Commission shall take such 
decision, under condition of observation of requirements, stipulated in part three of this Article;   
 (3)  while making decision according to clause 1 or 2 of this part, shall monitor that the 
category of goods included only similar goods with  a short-term product cycle, produced with the 
use of similar technological processes, in the similar conditions and having a similar application.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  6. The goods with a short-term product cycle are goods that pursuant to the conclusion of the 
Ministry and the Commission are deemed outdated due to the introduction of new technologies in four years after commencement of their sales. The outdated goods are those goods, which at the moment do not meet the requirements of the latest technologies.  
 
7. For the purpose of this Article a national producer is producer (producers) who represents a certain branch of the national production, manufac turing or processing goods with a short-term 
product cycle or similar goods which:  
  (1)  directly or indirectly compete with other products, with respect to the imports of which two or more positive conclusions on the presence of dumping have been made;  
 
 (2)  is so similar to such products that may be attributed to the same category, established according to this Article.  
 
8. For the purpose of this Article a positive co nclusion as to the presence of dumping shall 
mean:  
 
 (1)  a definitive positive conclusion as to the presence of dumping, made by the Commission according to chapters IV and VI of this Law, gr ounding on the data of an eight-year term which 
preceded the submission of an application by a na tional producer on establishment of the category 
of products and attributing of products to the category, to which goods, with respect to the 
imports of which two or more positive conclusions as to the presence of dumping have been made, 
are included and as to which a relevant decision on collection of an anti-dumping duty at the rate 
of not less than 15 % of the customs value of goods,  subject to an investigation, has been made;  
  (2)  or preliminary conclusion as to the pr esence of dumping, approved by the Commission 
according to chapters IV and VI of this Law, gr ounding on the data of an eight-year term which 
preceded the submission of an application by a na tional producer on establishment of the category 
of products and attributing the goods to the cate gory, which involves goods, with respect to the 
imports of which two or more positive conclusions as to the presence of dumping have been made 
within the process of an anti-dumping investigation, during which a decision on acceptance of the 
exporter's obligation to discontinue dumped imports has been made according to Article 15 of this Law.  
 
9. Goods with a short-term product cycle shall be subject to a positive conclusion as to the presence of dumping, on condition the Commission:  
 
 (1)  establishes a value, by which the normal cost of such products exceeds its export price 
in the importing country;    
 (2)  determines in the positive conclusion on the presence of dumping, or in the decision on 
introduction of collection of an anti-dumping duty, made due to the results of the positive 
conclusion on the presence of dumping of individu al producer (exporting country) with respect to 
imports of which the value, specified in clause 1 of this part, has been approved.  
 
Article 27. Avoidance of Payment of 
Anti-Dumping Duty 
 1. The anti-dumping duty, collected according to this Law, may be extended to the imports of 
similar goods or a part of such goods in case avoidance of payment of anti-dumping duty takes 
place.  
  Any changes in the structure of trade between the importing country and other countries, 
emerging in the process of transactions and (or)  activities of foreign producers, exporters and 
(or) importers, etc., shall be treated as avoidanc e of payment of anti-dum ping duty. Such changes 
shall be deemed insufficiently substantiated or economically ungrounded, except cases of 
application of an anti-dumping duty, proving that:  
 
- introduction of an anti-dumping duty shall be  neutralized by prices and (or) volumes of 
similar products; G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  - the dumping exists because of the normal value which has been previously calculated for 
similar products. 
 2. The assembly of certain products in the importing country or in a third country shall be 
considered avoidance of payment of the anti-dumping duty, where:  
  (1)  such transaction has been initiated or is carried out immediately before or after 
initiation of an anti-dumping investigation and the components of such products are supplied from 
the country with respect to imports of which the anti-dumping measures are applied;    (2)  the value of component parts of such product is not less than 60 % of the total value of 
the finished product. In this respect there sha ll be no fact of avoidance of payment of anti-
dumping duty, if the added value of components th at have been assembled in the course of the 
aforementioned transactions and (or) completion  of production exceeds 25 % of the production 
costs.  
  (3)  application of an anti-dumping duty is neutralized by prices and (or) volumes of the 
assembled goods or similar goods and there are su fficient evidence of the presence of dumping 
because of the normal value, previously calculated for the assembled or similar goods.   3. Where an interested party (an applicant in an anti-dumping investigation or a body of 
executive power of the importing country) considers th at there is a fact of avoidance of payment of 
anti-dumping duty, such person shall file to th e Ministry a complaint, providing for sufficient 
evidence of the presence of facts, determin ed in parts one and two of this Article.  
 
4. Upon the complaint, submitted according to part  three of this Article, and on the basis of a 
corresponding decision of the Commission, the Ministry shall carry out an anti-dumping 
investigation as to the facts of avoidance of paym ent of anti-dumping duty. In the aforementioned 
decision the Commission shall authorize the Ministry to establish:    (1)  a compulsory registration of the contracts on imports to the importing country according 
to part four or Article 28 of this Law; or 
  (2)  depositing of a relevant amount at the account by a supplier. Funds to the deposit 
account may be remitted at the place of location of customs bodies, performing the customs 
legalization of goods, subject to the specified anti-dumping investigation. The Service shall establish the procedure of funds remitting to a deposit account.  
 
 For the purpose of investigation of the facts of avoidance of payment of anti-dumping duty, 
the corresponding provisions on initiation and performance of anti-dumping investigations, envisaged by this Law, shall be applied, except those provisions, concerning the terms. The 
abovementioned investigation shall be fulfilled by the Ministry with the assistance of the Service 
within the term, not exceeding nine months.   
5. In case the Ministry establishes the facts of  avoidance of payment of anti-dumping duty, the 
Commission, upon proposal of the Ministry, may take a decision by a simple majority of vote as to application of anti-dumping measures. Such measures shall be applied after the Commission takes 
a relevant decision according to part four of this Article.  
 6. Where imports of products into the importin g country are performed under a license of the 
Ministry, certifying that such product imports do not cause an avoidance of payment of an anti-
dumping duty, no anti-dumping measures shall be  applied to such imports and the contracts, 
under which the stipulated imports have been fulfilled, shall be exempted from compulsory 
registration in accordance with part  four of Article 28 of this Law.  
 
7. The provisions of this Article shall not cr eate impediments to execution of the customs 
legalization of goods, subject to an anti-dumping investigation.  
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  Article 28. General Provisions on Collection of  
Anti-Dumping Duty 
 1. A provisional or definitive anti-dumping duty shall be collected at the rate and under the 
terms, established by a relevant decision of the Commission on application of anti-dumping 
measures. The specified duty shall be paid irrespective of the payment of other taxes and fees (compulsory payments), including duty, generally paid while importing certain goods into the 
customs territory of the importing country. The countervailing duty and the anti-dumping duty 
shall not be simultaneously imposed as to goods, imported by the same supplier.   
(part one of Article 28 is amended pursuant to Law of Ukraine of 13 March 2012 N 4496-VI) 
 
2. The Ministry shall publish in the newspaper the announcement on a corresponding decision, introducing collection of a provisional or definitive anti-dumping duty, on acceptance of an 
exporter's obligations to terminate the dumped im ports, or on termination of the anti-dumping 
procedure or an anti-dumping investigation withou t application of anti-dumping measures. Meeting 
the requirements to the protection of confidential  information, such decisions should provide for a 
list of exporters, where it is possible, or a list of  the interested countries, as well as description of 
goods, summary of the facts and basic conclusi ons as to the presence of dumping and the 
damage. A copy of the decision shall be forwarded to the interested parties.   
 Provisions of this part shall as well be applied to the corresponding decisions on 
reconsideration of anti-dumping measures.   
3. For the purpose of protection of the nati onal interests the force of the anti-dumping 
measures, according to this Law, may be suspende d by a decision of the Commission, made by a 
simple majority of vote, for the term up to nine months. This term upon the Ministry's proposal 
may be prolonged to one year by a relevant de cision of the Commission, made by a qualified 
majority of vote. The practice of the anti-d umping measures may be suspended under the 
presence of the following conditions:   
(paragraph one of part three of Article 28 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
 (1)  economic conditions on the market of Ukraine temporarily changed so that due to the 
suspension of the practice of anti-dumping measures, resumption of causing damage will be improbable;  
 
(clause 1 of part three of Article 28 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
 (2)  the national producer had an opportunity to submit his comments on suspension of the 
force of anti-dumping measures;   
 (3)  the comments, provided by a national producer to the Ministry, were taken into account 
by the Commission.   
(clause 3 of part three of Article 28 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
The force of the anti-dumping measures may be resumed by the decision of the 
Commission provided their suspension is unjustified. An interested party may submit to the 
Ministry its comments on this matter, which may be taken into consideration by the Ministry. The Commission shall take a relevant decision as to this issue upon representation of the Ministry.   
 
(paragraph five of part three of Article 28 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
4. The decision on introduction of the practice of registration of contracts on importation of 
goods into the importing country, including their compulsory registration according to this Law, shall be made upon representation of the Ministry at the extraordinary meeting of the Commission. 
A substantiated application (complaint) of an inte rested party, body of executive power of the G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  importing country or that of the national producer may be the basis for the relevant 
recommendation of the Ministry.   
After reception of the application (complaint), the Ministry shall consider all the provided 
information and evidence, contained therein, within five days from the day of their reception with 
the purpose of determination whether such information and evidence are sufficient for making a relevant decision by the Commission. In case the Ministry establishes that these information and 
evidence are sufficient, the Commission at its meet ing, upon proposal of the Ministry, may take a 
decision on introduction of the practice of regist ration of contracts on imports into the importing 
country, including their compulsory registration according to this Law.   
 Grounding on the decision on introduction of the specified registration and after validation of 
the said decision, the anti-dumping measures shall be applied to the imports, performed under the contracts registered in the Ministry.  
 
 The decision on registration of the contracts on imports into the importing country shall provide for a precise identification of an object of registration and, if necessary, an approximate 
rate of an anti-dumping duty, calculated for the pu rpose of a possible collection of such duty in the 
future. The customs value of goods shall be calculated according to the basic terms of delivery CIF the importing country border.   
 The term of the practice of compulsory registration of contracts on imports into the 
importing country shall not exceed nine months from the date of its introduction.   
 Importation of goods to the customs territory of the importing country under the contracts 
on imports into Ukraine shall be carried out upon providing of a license for the imports, issued by 
the Ministry, and other documents, confirming remitting of a relevant amount to a deposit 
account. Funds may be remitted to a deposit account at the place of location of customs bodies, 
executing the customs legalization of goods, imported into the customs territory of the importing country under the contracts, registered according to  the procedure, determined by this Article. In 
certain cases the importer's payment of an anti-d umping duty may be performed in the form of a 
debt commitment.  
 5. In case importation of goods, with respect to which the anti-dumping measures are applied, 
are imported into Ukraine for the purposes of the Ministry of Defense of Ukraine, such products 
shall be exempted from an anti-dumping duty, under condition the Commission has taken a corresponding decision thereon and where importation of such goods into Ukraine is fulfilled in 
accordance with the contracts, registered according to part four of this Article.  
 6. The Service shall quarterly inform the Mi nistry and the Commission of the volumes of 
imports subject to an anti-dumping investigation or with respect to which the anti-dumping 
measures are applied, as well as on the amounts of an anti-dumping duty, collected according to 
the relevant decision of the Commission.   
7. Without any damage to part six of the present Article, the Ministry may demand that in each 
individual instance the bodies of executive power of Ukraine should submit information needed in accordance with this Article for effective oversi ght of anti-dumping measures and oversight of 
activities undertaken by importers, sellers and Ukrainian producers. In this case, provisions of 
parts four and five of Article 13 shall apply. Any data supplied by the bodies of executive power in accordance with this Article shall be used in line with the requirements established by part six of Article 32.  
 
(part seven was added to Article 28 
according to the Law of Ukraine N 3027-IV of 1 November 2005) 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Article 29. Verification of Information outside  
the Importing Country 
 1. If necessary, the Ministry may carry out verifi cation of information outside the territory of 
the importing country with the purpose of:  
  (1)  familiarization with book-keeping documentation of the importers, exporters, producers 
and their unions (associations), trade organizations, natural person, etc.;  
  (2)  examination of authenticity of information as to the presence of dumping and the damage, submitted in the process of an anti-dumping investigation.  
 
2. In the event of necessity the Ministry may init iate verification or the relevant investigations 
in other countries under condition of:  
 
 (1)  consent of the corresponding interested parties;   
 (2)  notification of the correspondin g competent bodies by the Ministry;  
  (3)  the absence of objections on the part of the preliminary informed stipulated competent authorities.  
 Upon receipt of the consent of an interested party the Ministry shall notify the competent 
bodies of the names and addresses of enterprises, to be inspected, as well as on the dates of performing these verifications, proposed by the Ministry.  
 
 In case the interested party gives no consent,  within the term, proposed by the Ministry, the 
verification of the said information may be unfulfille d. In this case the corresponding provisions of 
Article 31 shall be applied.  
 3. The interested parties shall be notified of the list of information, subject to verification, and other information, which should be provided by these parties in the process of verifications. The 
Ministry may demand providing of more detailed information, if such a necessity arises in the 
course of verification.   
4. While conducting the verification of informatio n, the Ministry may apply for the assistance of 
the members of the Commission.   
Article 30. Selective Methods of  Anti-Dumping Investigation 
 1. Where the number of applicants, exporters or  importers (hereinafter - parties), types of 
products or corresponding operations is considerable, the Ministry may confine oneself with:  
 
 (1)  reasonable number of parties, types of products or operations, using a sampling which is statistically grounded on the basis of information, which is available with the Ministry at the 
moment; or 
  (2)  the greater volumes of production, sales or product exports that, in case of necessity, 
may be investigated within the terms, specified in this Law or established by the Commission.  
 2. The Ministry shall perform an ultimate selectio n of parties, types of products or operations 
subjected to the application of selective methods of an anti-dumping investigation. After 
consultations with the interested parties or under their consent the priority shall be given to a 
respective selection, provided these interested parties have:   
 (1)  informed the Ministry of their concern th erein according to part twelve of Article 12 of 
this Law;   
 (2)  provided the Ministry with sufficient and applicable information within three weeks from 
the date of initiation of an anti-dumping investigation in order for the Ministry to select relevant sampling.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  3. In case the Ministry uses selective methods of an anti-dumping investigation according to 
this Article, the individual value of a margin of  dumping shall be calculated for the exporter or 
producer that has not been selected first, and furnishes the corresponding information within the terms specified by this Law, except those cases,  where the number of the exporters or producers 
is significant to that extend, that investigation of the stipulated values for individual exporters or 
producers shall create ungrounded complications for the performance of an anti-dumping investigation and create impediments to the timely termination of this investigation and making a 
decision on the application of anti-dumping measures.  
 
(part three of Article 30 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
4. Where after making a decision by the Minist ry a decision on application of a selective 
method of an- anti-dumping investigation has been made and all the selected parties or some of 
them avoid the cooperation with the Ministry to the extend that sufficiently affects the results of an 
anti-dumping investigation, the Ministry may carry out a new sampling. Provided an interested party avoids cooperation with the Ministry on condition of the shortage of time for new sampling, 
the relevant provisions of Article 31 of this Law shall be applied.  
 
Article 31. Avoidance of Coop eration with the Ministry 
 
1. In case, an interested party refuses to provide necessary information or fails to provide it 
within the terms, envisaged by this Law, or crea tes impediments to an anti-dumping investigation, 
the Ministry, on the grounds of the available information, may take positive or negative 
preliminary or definitive conclusions on the necessity of immediate application of anti-dumping 
measures.   
If in the process of an anti-dumping investigation the Ministry establishes that the 
interested party has provided inadequate or incorrect information the Ministry shall:    (1)  ignore such information;  
 
 (2)  notify the interested parties of the consequences of avoidance of cooperation with the Ministry.  
 
2. The fact of failure to provide a response on an information medium shall not be deemed avoidance of cooperation with the Ministry, provided  the interested party proves that providing of 
a response in the forms, established by the Ministry, would likely cause excessive incidental or 
excessive additional expenditures.   3. If the information, provided by the interested party is incomplete, the Ministry shall take it 
into account under condition that:  
  (1)  such incompleteness does not complicate the possibility of taking adequate conclusions 
by the Ministry;  
  (2)  such information has been submitted to the Ministry within the proper terms;  
 
 (3)  such information is suitable for verification.    (4)  the interested party, providing the information, act in good faith and to the best of its 
abilities.  
 4. In case the Ministry does not take into account the provided evidence or information, the 
interested party, who has submitted this evidence and information shall be immediately notified of 
the reasons of t rejection of the said information and shall be provided with an opportunity to supply additional comments within the terms, established by the Ministry. Where such comments 
are considered insufficient, the reasons for rejection of the aforementioned evidence or information 
shall be forwarded to a corresponding interested party and specified in the conclusions, published in the newspaper.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  5. Where the conclusions, including those, re lated to the normal value, have been made 
according to part one of this Article, particularly, on the basis of information, provided in the corresponding application, such information shall be verified, if it is possible, with the observance of the determined terms of an anti-dumping inve stigation, by other independent sources available 
with the Ministry and (or) those sources, provided by other interested parties in the process of an 
anti-dumping investigation, which concern:   
 (1)  the published list of prices;  
  (2)  statistical reports and customs statistics, kept by the bodies of state power of the respective country.  
 
6. In case the interested party avoids to cooperate with the Ministry completely or partially and the relevant information, concerning the anti-dumping information is not provided thereof, the 
results of an anti-dumping investigation for this party may be less favorable, than for those parties 
which do not avoid such cooperation.   
Article 32. Confidential Treatment 
 1. Any information which has a confidential character (due to the reason, that its disclosure gives significant advantage to a competitor or may cause considerable negative consequences in 
future for persons, providing or receiving this information, etc.), as well as information, provided 
on a confidential basis by interested parties in the process of an anti-dumping investigation, shall be deemed confidential by the Ministry, where the parties provided sufficient proofs thereof.  
 
2. The interested parties, providing confidential information, should supplement it with a non-confidential summary. This summary should be detailed enough to comprehend the essence of the 
provided confidential information. In case the interested parties are not able to make a summary 
of confidential information, these interested parties should provide sufficient grounds for impossibility of submission of the stipulated summary.   
3. Where the Ministry considers that the demand as to confidential treatment of information is 
ungrounded and the person, providing it, is not willing to open this information to public or refuses his\her consent for its disclosure in general terms or in a form of summary, such information may 
be disregarded, except cases, where upon the us e of relevant sources there may be compelling 
evidence that such information is authentic. Rejection of the demand on confidentiality of information should be duly substantiated.  
 
4. The provisions of this Article do not impede the disclosure of a general information by the Ministry or the Commission, particularly, legal substantiation of the decisions made according to this Law, or to the disclosure of evidence, on th e grounds of which the Ministry or the Commission 
take the respective decisions. While disclosing such information, the legal interests of the 
interested parties as to nondisclosure of their commercial and (or) state secrets shall be taken into account.  
 
5. The Ministry, the Commission or their official  officers should not disclose the information, 
obtained according to this Law without a special consent of a person, who has provided such 
information, if this person insists on the confidential treatment of such information. The 
information exchanged between the Ministry and the Commission, as well as information related to the meetings of the Commission or official documents of the Ministry or the Commission, concerning an anti-dumping investigation shall no t be disclosed, except cases, envisaged by this 
Law.  
 6. Information received in accordance with this Law shall be used only for the purposes for 
which it has been requested. This provision shall not rule out the use of information received in the 
course of one anti-dumping investigation for the purposes of initiating other anti-dumping investigations as part of one and the same anti-dumping investigation regarding the goods under 
review.  
 
(part six of Article 32 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005) 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  7. The right to have an access to the confidential  information, provided by the interested party 
or by the Ministry in the process of an anti-dumping procedures and investigations according to this Law, shall be enjoyed by legal advisers or lawyers- citizens of the importing country -acting on behalf of the interested party.  
 
The Ministry shall keep accounting of physical persons that have an access to the 
confidential information and shall refuse the access to confidential information, where it is 
established that a person has disclosed the information, which is deemed confidential according to 
this Law.   
Chapter VII 
 
FINAL PROVISIONS 
 
Article 33. Providing Information to the Interested Parties 
 1. The interested parties may demand providing information as to the evidence and 
conclusions, on the grounds of which the provisional and anti-dumping measures have been 
applied. After application of the provisional anti-dumping measures a written demand on providing such information shall be forwarded to the Ministry . The Ministry shall within the undertime give a 
written reply to this demand.  
 
2. The interested parties may demand provision of the ultimate information, related to the evidence and conclusions, according to which the Ministry proposes to apply the definitive anti-
dumping measures, or suspend or terminate the anti-dumping investigation without application of 
anti-dumping measures. In this respect the Ministry shall pay a special attention to the provision of information, evidence and conclusions that ar e different from those, on the grounds of which 
the decision on application of the provisional anti-dumping measures has been made.  
 3. All demands concerning the provision of ultimate information specified in part two of this Article shall be submitted to the Ministry in a written form. In the event of application of the 
provisional anti-dumping measures such demands shall be forwarded to the Ministry not later than 
one month from the date of publication of a decision on their application. Where the provisional anti-dumping measures have not been applied, th e interested parties may demand provision of the 
ultimate information within the terms, established by the Ministry.  
 4. The Ministry shall provide the ultimate information in writing. The information is generally 
provided, with consideration of the requirements to  the protection of confidential information, not 
later than one month prior to making an ultimate decision by the Commission or prior to the date of submission by an interested party of its final pr oposal according to Article 16 of this Law. If the 
Ministry and (or) the Commission fail to provide the information, evidence or conclusions 
immediately, those information, evidence or conclusions shall be provided later within the 
undertime. Provision of information shall not create impediments to making further decisions by the Ministry or the Commission. Where such decisi on is based on the evidence and conclusions, 
different from those, provided with the previous information, the information on the presence of 
new evidence and conclusions shall be provided to the interested parties within the undertime.   
5. All comments of the interested parties, supplied after the ultimate information has been 
provided, shall be taken into account on condition, they were received by the Ministry within the terms, established by the Ministry for each individual case but which shall not exceed ten days.   
6. The information, documents and comments, supp lied to the Ministry by one of the interested 
parties in the process of the investigation that is carried out in accordance with this Law, shall be supplied to all other interested parties as well. In case the party, submitting such information, 
documents and comments to the Ministry, fails to forward the specified information, documents 
and comments to other interested parties, such information, documents and comments shall not be considered in the process of an investigation.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Article 34. Notification of the Competent Bodies of  
an Interested Country 
 1. The Ministry of Foreign Affairs of Ukraine shall notify the competent authorities of an 
interested country of all decisions of the Commission on the investigations, which are carried out 
according to this Law.   
2. A note on the initiation of an anti-dumping investigation that is forwarded to the competent 
bodies of an interested party shall contain the following information:    (1)  the name of the country (countries) of orig in and (or) exports of products subject to an 
investigation;  
  (2)  the date of initiation of an anti-dumping investigation;  
 
 (3)  grounds for statement on the presence of dumping;   
 (4)  a brief summary of conclusions which are the basis for statement on the presence of 
damage;    (5)  the addressee, to which the interested parties shall send their comments on this 
decision;  
  (6)  terms, established by a relevant decision of the Commission, for submission of 
comments of the interested parties.  
 3. According to part one of this Article the Minist ry of Foreign Affairs of Ukraine shall notify the 
competent bodies of an interested country of:  
  (1)  a positive or negative, preliminary or definitive conclusion as to the presence of dumping and the damage;  
 
 (2)  a decision to accept an exporter's obligation to discontinue dumped imports according to Article 15 of this Law;  
 
 (3)  termination of the force of such obligation;   
 (4)  cancellation of the definitive anti-dumping duty.  
 
Article 35. Correction of  Executor's Mistakes 
 
1. The mistakes of the executors, committed in  mathematical operations, typing, copying, 
duplication or similar operations, or other unintentional technical mistakes, which the Ministry refers to the mistakes, made by the executors, shall be corrected.  
 
2. The Ministry may transfer to the interested parties the calculations, on the basis of which 
the ultimate decision on collection of an anti-dumping duty or that on reconsideration of anti-
dumping measures shall be made, upon a written application of an interested party, which states 
that a mistake of the executors took place.   3. A written application specified in part two of this Article shall be submitted by an interested 
party to the Ministry within five working days from the date of delivery of the corresponding 
information to this interested party according to Article 33 of this Law. The interested party may submit to the Ministry its comments on the id entified mistakes, made by the executors.  
 
4. The comments, mentioned in part three of this Article, should be provided within five working days from the date of transference of the calculations, in case the Ministry does not 
prolong this term upon a written application of an interested party, filed within five working days 
from the date of transference of such calculations with substantiation of reasons for prolongation of the stipulated terms.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   Such comments shall be provided in a written form to the Ministry and to all the interested 
parties. The interested parties may respond to th e comments, provided according to this Article. 
This respond shall be registered by the Ministry with in five working days from the date of expiry of 
the term of submission of such comments, unless th e Ministry extends this term on the grounds of 
a written application of an interested party that shall be provided within five working days from the 
date of transference of calculations with substantiation of reasons for the prolongation of the stipulated terms.  
 
5. The Ministry shall analyze and verify the co mments and responds, provided pursuant to the 
provisions of this Article and, if necessary, correct  the mistakes of executors, through introduction 
of amendments to the draft of ultimate decision on  collection of an anti-dumping duty or draft of 
the decision on reconsideration of the anti-dumping measures. The Ministry shall notify the 
interested parties of introduction of such amen dments. Introduction of amendments pursuant to 
the correction of errors, made by the executors, shall not be deemed making changes to the draft 
decision of the Ministry or the Commission on paym ent of an anti-dumping duty or reconsideration 
of the anti-dumping measures.   
Article 36. Factors of the National Interest 
 1. The conclusion on whether the national inte rests require application of the anti-dumping 
measures shall be based on evaluation of all interests, including those of the national producers 
and consumers, effect of the imports subject to an  anti-dumping investigation, on employment of 
the population, investments of the national producers and consumers as well as international economic interests of the importing country. According to this Article such a conclusion shall be 
made on condition, that all the parties have been  provided with an opportunity to express their 
viewpoints according to part two of this Article. A especial attention shall be paid to elimination of the influence of barter disproportion, caused by the dumping, which causes damage, and 
resumption of a competition.  
  The anti-dumping measures, determined on the grounds of the dumping and the damage, 
which have been established in the process of an anti-dumping investigation, may be unapplied, 
where the Commission upon representation of the Ministry, taking into account all the provided 
information, makes an accurate conclusion that the application of such measures contradicts to the national interests.  
 
2. The applicants, importers, their unions (a ssociations), consumers and their organizations 
may express their points of view within the terms, es tablished in the notification on the initiation of 
an anti-dumping investigation, and submit to the Ministry the information as to the 
correspondence of application of the anti-dumping measures to the national interests to be taken into account by the Commission while making a corresponding decision.   
 The Ministry may forward such information or its respective summary to other interested 
parties, specified in this Article, which may provide their comments in this respect.   
3. The interested parties may demand the hearings of the Ministry to be conducted. Such 
demands shall be satisfied where they have been provided to the Ministry in writing within the 
terms, specified in the notice on the initiation of the anti-dumping investigation, or if they provide 
for the special reasons for arranging the hearings at the Ministry from the viewpoint of the national 
interests.   4. The interested parties may submit to the Ministry their comments on the Commission's 
decision on introduction of the provisional anti -dumping duty. The Ministry shall consider such 
comments in case they are filed with the Ministry within one month from the date of application of the provisional anti-dumping measures. The Minist ry, in case of necessity, shall transfer these 
comments in a form of a corresponding summary to other parties that are entitled to provide such 
comments as well.   
5. The Ministry shall consider the information, provided by an interested party according to 
part two of this Article and define to which extent such information is indicative. The results of such consideration and the decision on substantiati on of this information shall be submitted to the 
Commission. The summaries of conclusions of the members of the Commission, reviewed at the G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  meeting of the Commission, shall be taken into acco unt by the Ministry in its proposals, provided 
to the Commission according to Article 16 of this Law.   6. The interested parties may apply for the provision of evidence and conclusions, on the 
grounds of which the Commission may take its ulti mate decisions. The Ministry shall provide such 
information, unless it creates impediments to the Ministry or the Commission while making the relevant decisions.  
 
7. Any information, provided according to this Article, shall be taken into consideration on condition it is accompanied with the evidence, which substantiate its irrefutability, under the requirements of this Law.  
 
"Article  36
1. Application of Anti-Dumping Meas ures Against Imports to Ukraine 
from Developing Countries That Are Members of the WTO 
 
 It is recognized that special regard must be given to the special situation of developing countries that are members of the WTO when considering the application of anti-dumping 
measures against imports from such countries. Possibilities of constructive remedies provided for 
by the legislation of Ukraine shall be explored before applying anti-dumping duties where they 
would affect the essential interests of a develo ping country that is a member of the WTO.  
 
(article 36
1 was added in accordance with 
the Law of Ukraine N 3027-IV of 1 November 2005) 
 
Article 37. Acts of the Commission , the Ministry and the Service 
  The Commission, the Ministry and the Service, due to the performance of investigations in 
accordance with this Law and within the scope of their authorities, may adopt the corresponding 
acts. Such acts shall come into force within the established terms, unless otherwise stipulated by this Law, but not prior to the date of their publ ishing in the newspaper or by communicating them 
to the interested persons by an alternative me ans, and shall be obligatory for execution.  
 
 The Commission shall provide the explanation as to the application of this Law.   
Article 38. The Procedure of Enactment of this Law 
 1. This Law shall enter into force after 30 days from the date of its publishing, with the 
exception of parts one- six, of clause 6 of part se ven and parts eight-eleven of Article 5 of this Law 
which come into force from the date of their publishing.   2. Clause 2 of part two of Article 2, sentence two of part seven of Article 12, paragraph two of 
part nine of Article 12 and part four of Article 16 of this Law shall be applicable from the date of 
joining the GATT by the Ukraine and its accession to the WTO according to the established procedure.  
 
3. The provisions of paragraph two of part three and paragraph two of part six of Article 14, as 
well as those of articles 33 and 35 of this Law sh all be applied in relationships with the interested 
parties and (or) competent authorities of the exporting countries, under condition such competent 
bodies of the aforementioned exporting countries, which perform the anti-dumping investigations as to the imports from Ukraine, grant to the Ukrainian interested parties similar rights, stipulated in articles 14, 33 and 35 of this Law.  
 
4. The laws and other normative and legal acts of Ukraine shall be applicable in the part, which is not in conflict with the provisions of this Law.  
 
  
President of Ukraine      L. Kuchma 
 Kyiv 22 December 1998 
N 330-XIV G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  THE LAW OF UKRAINE 
THE LAW "ON PROTECTION OF NATIONAL INDUSTRY AGAINST SUBSIDIZED IMPORTS", 
22 DECEMBER 1998, NO.331-XIV (WITH CHANGES AND AMENDMENTS) 
As amended and added by the Laws of Ukraine 
N 1595-III of 23 March 2000, 
N 860-IV of 22 May 2003, 
N 252-VI of 10 April 2008, 
N 4496-VI of 13 March 2012 
 
(In the text of the Law words "the Ministry of Economy of Ukraine" 
were replaced with the words 
"the central body of executive power in the field of economic policy" 
according to the Law of Ukraine N 860-IV of 22 May 2003) 
 
 
This Law shall establish mechanism of safeguards of the national industry against subsidized 
product introduced into commerce from other countries, customs unions or economic groups, 
regulate principles and procedure of initiation and conducting anti-subsidizing investigations, 
regulate application of the countervailing measures.  
Section 1. GENE RAL PROVISIONS 
 
Article 1. Definitions 
 
For the purpose of this Law all terms shall have the following meanings:  
 1. anti-subsidizing investigation  shall mean investigation of a fact of granting a subsidy 
under the provisions of this Act;   
 2. affirmative determination  shall mean determination of the existence of subsidization 
(injury);    3. negative determination  shall mean determination of the absence of a fact of 
subsidization (injury);  
  4. governmental body  shall mean legislative or executive authority of a country of origin 
or exporting country (customs union or economic group);  
  5. exporter  shall mean a subject of economic and legal relations exporting products 
(goods) from a country;  
  6. injury  shall mean the serious injury caused to the national industry or threaten to cause 
serious injury to the national industry or sufficient impediment to the national producer to create 
or expand production of the like products. The proc edure of determination of injury is described in 
the Article 13 of this Act;   
 7. import  shall mean importing products (goods) delivered to the customs territory of an 
importing country, when destined for consumption in this country;  
 8. importer  shall mean a subject of economic and legal relations declaring delivery of 
products (goods) to the customs territory of Ukraine;    9. countervailing duties  (provisional or definitive) shall mean a special type of duty levied 
in the event of delivery of products to the customs territory of Ukraine, being subject to 
countervailing measures applied thereto (provisional or definitive);   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   10. countervailing measures , pursuant to the provisions of this Act, shall mean the 
provisional or definitive measures to be applied in the course of anti-subsidizing investigation or resulted therefore;   
 11. competent authorities  shall mean the bodies of state authority of exporting country 
or of a country of origin (customs union or economic group), which pursue, within their powers, a foreign and/or foreign economic policy of a country in question;  
 
 12. exporting country  shall mean a country of origin of products imported to Ukraine. An 
exporting country could be a country acting as an agent (customs union or economic group) with exception of those effecting transhipment through the country of export or not producing the like 
products or having no comparable price of such products;  
  13. country of origin  shall mean a country (customs union or economic group) where 
products have been manufactured or subjec t to sufficient processing or finishing;  
  14. national producer  shall mean an aggregate number of producers of similar products or 
those producers, whose aggregate production of such products constitutes the major proportion of 
the whole amount of the like products being manufactured in Ukraine. The peculiarities as to interpretation of the national industry are illustr ated in the Article 14 and paragraph eight of the 
Article 15 of this Act;  
 
 15. period of investigation  shall mean a period preceding the initiation of anti-subsidizing 
investigation to determine the existence of import subsidization;  
 
 16. sale  shall mean a transfer of property by any person to ownership or use and/or 
possession or/and dispose of other person, e.g. un der the terms of purchase and sale contracts, 
property lease, other civil and legal agreements, or  in the event of change of one taken obligations 
to another or change in the terms of obligations to be performed;  
  17. recipient  shall mean a subject of economic and legal relationships receiving money or 
profit resulted from traffic of products being subsidized under provisions hereof;  
  18. parties of anti-subsidizing investigation  shall mean a foreign producer, exporter, 
importer, corporation (association), competent authorities of exporting country, national industry, 
etc., who have been duly notified of initiation of an anti-subsidizing investigation;  
 
 19. interested party  shall mean a person notifying the central body of executive power in 
the field of economic policy (hereinafter referred as  the Ministry) of his interest to be involved in 
anti-subsidizing investigation in accordance with the paragraph fourteen of the Article 15 of this Act and who is taking an active part in anti-subsidizing investigation by providing written 
evidences or other information sufficient to the purposes of this investigation. The interested 
parties could be:   
(paragraph one of clause 19 of Article 1 is as amended by the  
Law of Ukraine N 1595-III of 23 March 2000) 
 
- a foreign producer, exporter, importer of the product under investigation, or corporation 
(association), where the majority of their memb ers are foreigners, exporters or importers of 
the product under investigation;  - the competent authorities of an exporting country;  
- a national producer, manufacturer or wholesale seller of the like products in Ukraine;  
- the corporation (association), where the majority of its members produce or make wholesale trade of the like products in Ukraine; 
- a labour union comprising employees of the enterprises producing or making wholesale 
trade of the like products in Ukraine;  - the executive bodies of the Ukrainian govern ment within the range of their competence.  
 
 20. subsidy  shall mean financial or other support provided by the government for 
production, processing, sale, transportation, export, consumption of the like products resulted in enjoyment of privileges (benefit) by a subject of economic and legal relations of an exporting 
country. The peculiarities of interpretation of subs idy are described in the Article 6 of this Act;  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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 21. non-actionable subsidy shall mean a subsidy, which does not justify countervailing 
measures to be applied thereto;   
 22. actionable subsidy  shall mean a subsidy, which justifies countervailing measures to be 
applied thereto;   
 23. subsidized import shall mean a delivery of products (goods) to the territory of an 
importing country, which enjoy subsidizing privileges and benefits granted for production, processing, transportation or exporting of such products;   
 24. product  shall mean any product manufactured for trading;  
  25. like product  shall mean an identical product i.e. alike in all respects to the product 
under consideration, or in the absence of such pr oduct, another product, which although not alike 
in all respects, has characteristics closely resemb ling those of the product under investigation;  
 
 26. product of investigation shall mean an imported product introduced to the commerce 
of Ukraine, which is subject to anti-subsidizing investigation described in an appropriate notice on initiation and performance of investigation in question;   
 27. Ukrainian producers  shall mean the producers of the like products or directly 
competitive products manufactured in Ukraine.   
Article 2. Implementation of Act 
 1. This Act shall be applied to a subsidized import of products (goods) introduced into the 
commerce of Ukraine from the territory of the countr y of origin or those exported to the country of 
importation from an intermediate country. In cases, where products are not imported directly to the customs territory of Ukraine from the country of product origin but are transhipped through a 
country, transaction or transactions, shall be treated as if made between the country of origin of a 
product and Ukraine.  
 2. Countervailing measures shall be applied to the subsidized imports introduced to Ukraine for 
the purpose of elimination of the consequent impact  of a subsidy granted directly or indirectly for 
the production, processing, transportation or export of products, importation of which causes serious injury to national producer of the like products.  
 
 The importation of products to Ukraine shall be deemed to application of the countervailing measures, if under provisions of Articles from 6 to 9 of this Act the products in question enjoy privileges or benefit out of an actionable subsidy.  
 
 This Act shall be also applied, if the subsidies, set out in the first and second paragraphs herein, have been granted by the government of the country of origin, exporting country or 
intermediate country, from the territory of which the products in question are exported.  
 3. This Act does not provide for applying:  
 
 1.  special rules and regulations in the branch of agriculture;    2.  measures in the framework of the General agreement on tariffs and trade (hereinafter 
referred as GATT) and World trade organization (hereinafter referred as WTO);  
  3.  special rules and regulations established by international agreements of Ukraine with 
binding obligations approved by Verkhovna Rada
1 of Ukraine.  
 Article 3. Language of anti-subsidizing investigations 
 
1. Under the provisions of this Act anti-subsidizing investigations shall be performed in the state language of Ukraine.  
                                               
1 Verkhovna Rada shall mean the Parliament of Ukraine.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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2. Evidences, written proof and other informat ion provided to the Ministry, State Customs 
Service of Ukraine (hereinafter referred as "Customs") or Interdepartmental International Trade Commission (hereinafter referred as "Commission") under the provision of this Act shall be 
accepted, if executed in the state language of Ukraine.  
 Article 4. Powers of the Commission regardin g protection of national industry against 
subsidized import 
 1. Pursuant to the provision of this Act the anti-subsidizing investigations shall be performed by the Ministry, Customs and Commission.  
 
2. The procedure of establishment and operation of the Commission is described in the Act of 
Ukraine "On Protection of the National Producer against Dumped Imports".  
 
3. At the hearings of the Commission shall be adopted a resolution on:   
 1.  the initiation of an anti-subsidizing investigation;  
  2.  making affirmative or negative determinations of the existence of an actionable subsidy and applied measures to establish the amount thereof;  
 
 3.  affirmative or negative determinations of the existence of injury and the extent thereof;  
 
 4.  determination of casual link between a subsidization and injury;  
  5.  countervailing measures to be applied;  
 
 6.  other matters within the competence provided by the provisions of this Act.   4. A resolution in the matters set out in sub-paragraph 6 of paragraph three of this Article 
shall, if required, be adopted under establishe d working order by means of signing the draft 
resolution by the members of the Commission. To this end the Chairman of the Commission or his deputy shall give notice to the members of the Commission and offer them to express their opinion 
within the terms such opinion could be accounted but not exceeding the terms specified by the 
provisions of this Act.   
Article 5. Terms 
 1. The terms of all and any actions under this Act shall be specified by the provisions of this Act, or established by the Commission or Ministry . Upon expiry of such terms the right to any 
action shall deem to be lost. Any documents, provided after expiration date, shall remain without 
consideration. The Commission or Ministry has the right to extend or recur the terms in the event 
of providing sufficient justification therefore.  
 
2. The terms specified by this Act, or by the Commission or Ministry shall be calculated in years, months and days.  
 
 The terms shall be also fixed in a form of an imminent event.   3. The term calculated in years shall terminate in respective month and date of the year in 
question.  
  The terms calculated in months shall terminate at the respective date of the last month of 
the year in question. If expiration term falls on the month with no respective date, such term shall 
terminate at the last day of the month in question.   
 The term calculated in days shall be counted from the day next to fixed date of 
commencement.    The term, specified as a reference to any imminent event, shall be calculated from the day 
next to occurrence of the event or from other day after occurrence thereof.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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 If expiration date falls on the day-off, the last  day of such term shall be the first working day 
following the day-off.   
 The last day of the term shall terminate at the moment of closing the working day at the 
Ministry, Customs or Commission.   
 The terms shall not be exceeded, if due docu ments were submitted to the Ministry, Customs 
or Commission and filed under established order prior to the expiration date.   SECTION II. DEFINITION OF ACTION ABLE AND NON-ACTIONABLE SUBSIDIES 
 
Article 6. Definition of a Subsidy  
1. For the purpose of this Act a subsidy shall be deemed to exist if:  
  1.  there is a financial contribution made by a government or there is any form of income or 
price support in the sense of Annexes from 1 to 4 and 7 of this Act;  
  2.  a benefit is thereby conferred.   
2. Anti-subsidizing investigation shall determine whether there is a financial contribution made 
by a government or whether:   
 1.  a practice of the government involves a di rect transfer of funds (e.g. grants, donations, 
loans, and equity infusion, etc.) potential tr ansfers of funds or liabilities (e.g. loan, 
guarantees, etc.);  
 
 2.  government revenue that is otherwise due, is forgone or not collected (e.g. fiscal 
incentives such as tax credits, delay in tax payment, etc.);   
 Exemptions of exports of a good from taxe s, charges, etc., imposed on such a good, 
provided this good is intended for consumption in the domestic market of the exporting country, or reducing the amounts of such taxes and charges (mandatory payments), including duties, shall not 
be considered a subsidy, provided that such exemption or decrease are carried out in line with 
conditions stipulated in Annexes 1-3 to this Law;   
(paragraph two of clause 2 of part two of Article 6 is amended pursuant to Law of Ukraine of 
13 March 2012 N 4496-VI) 
 3.  public body:   
- provides goods or services for the subjects of legal economic relations other than general 
infrastructure, or purchase property (goods);  - entrust or direct a private body to carry one or more of the type of functions illustrated in 
sub-paragraphs 1 to 4 of the paragraph two of this Article, which would normally be vested 
in the government;  - direct a private body of the type of functions under the terms, that do not differ from those 
inherent to a public body.  
 3. If a financial contribution by a government or any form of income or price support have been established during anti-subsidizing investigation, it shall be clarified to what extent such 
forms correspond to those specified in the Annexes 1 to 4 and 7 of this Act.  
 Article 7. Specificity of countervailing measures to be applied 
 
 If an anti-subsidizing investigation establishes that a subsidy is specific, i.e. there are characteristic features distinguishing a non-actionable subsidy from an actionable subsidy pursuant 
to import to Ukraine, which enjoy privileges and benefit out of a subsidy, the countervailing 
measures shall normally apply.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Article 8. Actionable subsidies 
 1. In order to determine whether a subsidy is specific to an enterprise or industry or group of enterprises or industries (hereinafter referred as "c ertain enterprises") within the jurisdiction of the 
granting authority, the following principles shall apply:  
  1. where the granting authority, or legislation, pursuant to which the granting authority 
operates, explicitly limits access to a subsidy to certain enterprises, such subsidy shall be specific, 
i.e. actionable;    2. where the granting authority, or legislation, pursuant to which the granting authority 
operates, establishes objective criteria or conditions governing the eligibility for, and the amount 
of a subsidy, specificity shall not exist provided that:   
- the eligibility is automatic; 
- such criteria and conditions are strictly adhered to. 
 
 The objective criteria or conditions mean neutral criteria or conditions, pursuant to which 
disproportionately privileges are granted to cert ain enterprises at the expense of other ones, are 
alike to apply, namely the number of employees, the size of enterprise, etc. The criteria or 
conditions must be clearly spelled out in law, regulations, or other official documents, so as to be 
capable of verification.  
 2. Notwithstanding any appearance of non-specificity resulting from the application of the 
principles laid down in sub-paragraphs 1 and 2 above, there are reasons to believe that the 
subsidy may in fact be specific. Such factors are:   
- use of a subsidy programme by a limited number of certain enterprises;  
- predominant use of a subsidy by certain enterprises;  - granting disproportionately large amounts of subsidy to certain enterprises;  - the manner, in which discretion has been ex ercised by the granting authority in the 
decision to grant a subsidy.  
 In applying this sub-paragraph, account shall be taken of the extent of diversification of 
economic activities within the jurisdiction of the granting authority, as well as of the length of 
time, during which the subsidy programme has been in operation.  
 3. A subsidy, which is limited to certain enterp rises located within a designated geographical 
region and jurisdiction of the granting authority will be specific.  
 4. Notwithstanding the regulations set out in paragraphs one and two of this Article the 
following subsidies shall be specific:  
 
 1.  subsidies contingent in law or in fact, (whether solely or as one of several other conditions), upon export performance, illustrated in Annex 1 of this Act. Subsidies shall be treated 
as those depending upon the results of export perf ormance, if relevant facts have proved that a 
subsidy granted in law do not depend upon the re sults of export performance, but in fact is 
connected with export performance or export earnings already due or to be due in the future;  
 
 2.  subsidies contingent as one of several other conditions depending upon predominant use of national products.   
5. Existence of fact of granting a subsidy to the enterprises, which perform exportation the of 
products shall not justify this subsidy to be actionable.   
6. Establishment of, or introduction of change s to tax rates by the authorized body under 
established order shall not be treated as a specific subsidy.   
7. Specificity of a subsidy, pursuant to Section II of this Act, shall be proved by sufficient 
evidence.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Article 9. Non-actionable subsidies 
 1. To determine whether a subsidy is non-actionable the following aspect shall be taken into consideration:  
 
 1.  permitted extent of non-actionable subsidy, illustrated in paragraph three of this Article, shall be established pursuant to the total costs incurred as a result of realization of a certain 
project or performance of scientific and research work. Pursuant to the programmes of industrial 
research activities, where preliminary competent re search work is performed, the permitted level 
of non-actionable subsidy shall not exceed arithmetic average of the permitted levels of non-actionable subsidies applied to two below categories, calculated on the basis of the total costs 
described in paragraph three of this Article;  
  2.  the industrial research activities must be those planned or required research activities 
directed to achieve new knowledge for the purpose of development of new products, methods, 
technology or services, or modification thereof;   
 3.  preliminary competent research activity  shall mean arrangement of the results of 
industrial researches into plans, diagrams, dr awings, patterns or models of new modified or 
improved products, methods, technology or servic es for the purpose of sale or use, including 
creation of the first specimen with no commerc ial use thereafter. This activity may include 
conception or design of other products, methods, know-how or services as well as demonstrative 
projects or initial representations, provided that such projects and representations shall not be for 
industrial or commercial use. Preliminary competitive research activity shall not involve 
introduction of insufficient or periodical changes to already existed products, production lines, 
methods and/or know-how, processing, services and other operations even though such changes could be considered as modifications.  
 
 4.  the general programme of regional development shall mean the regional programmes of subsidization being a part of the programme of regional development closely connected with the 
national plan of the exporting country, where in the course of realization of such programmes, the 
subsidies shall not be granted.  
  5.  neutral and objective criteria shall mean criteria, that confer no benefit to certain regions 
at the expense of those regions, which have managed to eliminate or decrease disparity in 
framework of regional development. To this en d regional subsidy programmes shall establish the 
limits of a subsidy to be granted pursuant to each subsidizing project. These limits may be 
differentiated pursuant to different levels of deve lopment of the regions to be subsidized and shall 
be illustrated in figures of capital costs and co sts incurred in creation of the working places. 
Granting of a subsidy, described in this sub-pa ragraph, shall be free and neutral to avoid any 
possibility of predominant use by certain enterp rises or granting of disproportionately large 
amounts of subsidy to certain enterprises. These re gulations shall also apply to criteria described 
in paragraphs one, two and five of the Article 8 of this Act.   
2. Countervailing measures shall not apply to:  
  1.  subsidies, which are not specific under provisions of paragraphs one, two and five of the 
Article 8 of this Act.  
  2.  subsidies, which are specific under provisions of paragraphs one, two and five of the Article 8 of this Act, but which adhere to all conditions provided for in this Article.  
 
 3.  a portion of a subsidy in case of offered undertakings illustrated in the Annex 4 of this Act.  
 
3. The countervailing measures shall not apply to subsidies, which are granted for the purpose of research work performed by enterprises or hi gher education or research establishments on a 
contract basis together with other enterprises, if such assistance covers not more than 75% of the 
costs of industrial research or 50% of the costs of pre-competitive development activity, and provided that such assistance is limited exclusively to:   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   1.  personnel costs (researchers, technicians and other supporting staff employed 
exclusively in the research activity);    2.  costs of instruments, equipment, land and buildings used exclusively and permanently 
(except when disposed of on a commercial basis) for the research activity;  
  3.  of consultancy and equivalent services used exclusively for the research activity, 
including bought-in research, technical knowledge, patents, etc.;  
  4.  additional overhead costs incurred directly as a result of the research activity;   
 5.  other running costs, (such as those of ma terials, supplies and the like, incurred directly 
as a result of the research activity;   
4. Assistance to disadvantaged regions, within the territory of the country of origin and/or 
exporting country, given in a general framework of  regional development, to be considered as 
non-specific pursuant to criteria set out in paragrap hs one, two and five of the Article 8 of this Act 
within eligible regions, shall be treate d as a non-actionable provided that:  
  1.  each disadvantaged region must be clearl y designated contiguous geographical area with 
a definable economic and administrative identity;  
 
 2.  the region is considered as disadvantage d on the basis of neutral and objective criteria 
indicating that the region's difficulties arise out of more than temporary circumstances. Such 
criteria shall be clearly spelled out in law, regulation, or other official document, so as to be 
capable of verification;   
 3.  the criteria shall include a measurement of economic development, which shall be based 
on at least one of the following factors:   
- one or either income per capita or household income per capita, or GNP per capita, which 
must not be above 85% of the average for the territory of a country of origin or exporting 
country;  - unemployment rate, which must be at least 110% of the average for the territory 
concerned.  
  Such measurement shall be performed within three-five years prior to initiation of an anti-
subsidizing investigation. Such measurement may be a composite one and may include other 
factors.   5. Assistance to promote adaptation of existi ng facilities (including modification and/or 
development) new environmental requirements, which result in greater constraints and financial 
burden, shall be non-actionable, provided that the assistance:   
 1.  is one time non-recurring measure;  
  2.  is limited to 20% of the cost of adaptation;  
 
 3.  does not cover the cost of replacing and operating the assisted investment, which must be fully borne by the concerned enterprise;   
 4.  is directly linked to and proportionate to an enterprise's planned reduction of nuisances 
and pollution and does not cover any manufacturing cost savings which may be achieved;   
 5.  is available to all enterprises, which can adapt the new equipment and/or production 
processes.   
 Such requirements to the environment must be  clearly spelled out in law, regulation, or 
other official document, so as to be capable of verification.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   Available equipment means equipment and/or co nstructions, which at the date of adoption 
of the new requirements of the act to environmen tal protection, have been operated at least two 
years.  
Section III. CALCULATION OF THE AM OUNT OF NON-ACTIONABLE SUBSIDY 
 Article 10. General principles of calculatio n of the amount of non-actionable subsidy 
 
1. The amount of non-actionable subsidy shall be calculated pursuant to a benefit conferred to a recipient. Such benefit shall be established an d calculated in the course of anti-subsidizing 
investigation.  
 
 The period of investigation, normally shall mean the last accounting year of a recipient, though other terms can be fixed with duration of not less than six months directly preceding the 
initiation of an anti-subsidizing investigation, provided that reliable financial and other evidences 
exist. The time-limits of investigation shall be fixed by the Ministry. In some cases the time-limits of investigation may exceed the period of one year.  
 
 For the purpose of this Act any method used by the Ministry to calculate the conferred benefit to the recipient shall be transparent and adequately explained.   
Article 11. Calculation of bene fit conferred to a recipient 
  Calculation of benefit conferred to a recipient shall be consistent with the following 
guidelines:  
  1.  Government provision of equity capital shall not be considered as conferring a benefit, 
unless the investment decision can be regarded as inconsistent with the usual investment practice 
(including for provision of risk capital) of private investor within the territory of a country of origin and/or exporting country;   
 2.  A loan made by a government shall not be considered as conferring a benefit, unless 
there is a difference between the amount, which the enterprise receiving the loan pays on the government loan and a comparable commercial loan, which the enterprise could actually obtain on 
the market. In this case the benefit shall mean the difference between these two amounts;  
  3.  a loan guarantee shall not be considered as conferring a benefit, unless there is a 
difference between the amount that the enterprise receiving the guarantees pays on a loan 
guaranteed by the government and the amount th at the enterprise would pay for a comparable 
commercial loan absent the government guarantee. In this case the benefit shall be the difference between these two amounts adjusted to any difference in charges;  
 
 4.  the provision of goods and/or property or services or purchase of goods or property for a 
government shall not be considered as conferring a benefit unless:  
 
- the provision is made for less remuneration than is in practice in the like operations (adequate remuneration);  
- or the purchase is made for mo re than adequate remuneration.  
  T h e  a d e q u a c y  o f  r e m u n e r a t i o n  s h a l l  b e  d e t e r m i n e d  i n  r e l a t i o n  t o  p r e v a i l i n g  m a r k e t  conditions for the goods and/or property or service in question in the country of provision or 
purchase (including price, quality, availability, marketability, transportation and other conditions of 
purchase and sale).   
Article 12. Settlement. General provisions 
 1. The amount of actionable subsidy shall be calculated per unit of a subsidized product 
exported to Ukraine. After calculation of such amount the below payments can be deducted from 
the total amount of a subsidy:    1.  registration (application) charges or other costs mandatory for acquiring the right to a 
subsidy or use of a subsidy;  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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 2.  export duty and/or other taxes and char ges (mandatory charges), including duty, levied 
on products exported to Ukraine and intended to compensate for the subsidy;  (clause 2 of part one of Article 12 is amende d pursuant to Law of Ukraine of 13 March 2012 
N 4496 VI) 
 The interested party shall be required to substantiate the request for such a compensation.  
 
2. If a subsidy is granted not pursuant to the volume of manufactured, processed, transported or exported goods, the amount of the actionable subsidy shall be established by means of division 
of the total amount of the subsidy to those figures relating to the level of the production, purchase 
or export of the goods in the course of an anti-subsidizing investigation.  
 3. If a subsidy is involved in purchase or subsequent purchase of the capital assets, the 
amount of actionable subsidy shall be calculated by means of allocation of such amount pursuant 
to the periods of usual duration of amortization  of these funds in the appropriate branch of 
industry. Such calculated amount relating to the period of investigation, including any share in the 
capital assets purchased prior to such period, sh all be allocated under provision of paragraph two 
of this Article.   For the purpose of the capital assets with no depreciation charges, a subsidy shall be put 
equal to interest-free loan and specified under pr ovision of sub-paragraph 2 of the Article 11 of 
this Act.   
4. If a subsidy is not involved in purchase of the capital assets, the amount of a benefit to be 
conferred during the period of investigation, sh all be allotted for the period in question under 
provisions of paragraph two of this Article, unless specific circumstances provide for another 
period.  
 Section IV. PROCEDURE OF SETTLEMENT AND DETERMINATION OF INJURY. DEFINITION OF NATIONAL INDUSTRY 
 
Article 13. Procedure of settlement and determination of injury  
1. In the course of investigation, if not otherwise stipulated by this Act, the existence and 
extent of injury caused to national industry in one of below forms shall be established:   
 1.  serious injury caused to national industry;  
  2.  a threat to cause serious injury to national industry;   
 3.  serious impediment to production and expansion of production of goods by national 
industry, which is subject to examination.   
2. A determination of injury shall be based on positive evidence and involve an objective 
estimation of both:   
 1.  the volume of the subsidized imports and effect of the subsidized imports on prices in the 
market of Ukraine;    2.  the consequent impact of such imports on the national producers as a result of effect of 
the factors laid down in sub-paragraph 1 of this paragraph.  
 3. With regard to the volume of the subsidized imports, the investigating authorities shall 
consider whether there has been a significant increase in subsidized imports either in absolute 
terms or relative to production or consumption of like product in Ukraine;   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   With regard to the effect of the subsidized imports on prices, the investigating authorities 
shall consider:    1.  whether there has been a significant price undercutting by the subsidized imports as 
compared with the price of a like product of the national producer;  
  2.  or whether the effect of such imports is otherwise to depress prices to a significant 
degree or to prevent price increases, which otherwise would have occurred.  
  For the purpose of sub-paragraph 1 of this para graph all of these factors shall be considered 
by the Ministry to make an appropriate decision.  
 
4. Where imports of a product from more than one country are simultaneously subject to anti-
subsidizing investigation, the investigating authorities may cumulatively assess effects of such 
imports, if they determine that:  
  1.  the amount of subsidization established in relation to the imports from each country is 
more than de minimis as defined in the para graph four of the Article 19 of this Act; 
  2.  the volume of imports from each country is not negligible;  
 3.  a cumulative assessment of the effects of  the imports is appropriate in light of the 
conditions of competition between imported products and conditions of competition between the imported products and the like products originated from Ukraine.  
 
5. The examination of the impact of the subsid ized imports on the national industry shall 
include an evaluation of all relevant economic factors and indices having a bearing on the state of 
the industry including: 
  1.  incomplete elimination of the effects of previous subsidy on the national producer or indemnification of the national producer for a shoestring margin of dumping:  
 
- the amount of actually granted subsidy;  - actual and potential decline in sale and production, in the size of profits or invested capital 
profits;  
- actual and potential contraction in demand or partial contraction thereof;  - actual and potential decline in productivity and utilization of capacity;  
 
 2.  factors affecting prices in Ukraine;    3.  actual and potential negative effects on  cash flow, inventories, employment, wages, 
economic development and conditions of attraction of investments.  
  For the purpose of sub-paragraph 2 of paragraph two of this Article all factors, illustrated in 
paragraphs four and five of this Article, shall be considered by the Ministry for making an 
appropriate decision.   
6. Infliction of injury by the subsidized import s shall be proved by positive evidence in the 
course of anti-subsidizing investigation and provided to the Ministry. To this end it shall be proved that the volumes and levels of prices, laid down in paragraph three of this Article, cause the impact illustrated in paragraph five of this Articl e and that such consequent impact is serious.  
 
 The proof of casual link between subsidized  import and injury caused to the national 
producer shall be justified by estimation of all evidences available at the Ministry's disposal, which 
relate to a subject of investigation.  
 7. The Ministry may also examine any known factor s, which simultaneous effect cause injury to 
the national industry. The injury caused by such factors must be not attributed to the subsidized 
imports. In this event the interested party shall provide information on one or several following factors:   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   1.  volumes and prices of non-subsidized imports;  
  2.  contraction in demand or changes in the patterns of consumption;   
 3.  trade restrictive practices of and co mpetition between the foreign and Ukrainian 
producers;   
 4.  developments in technology;  
  5.  the results of export performance and productivity of national industry.   
8. The effect of the subsidized imports shall be assessed in relation to the national production 
of the like product when available data permit the separate identification of that production on the 
basis of such criteria as the production process,  producers' sale and profits. If such separate 
identification of that production is impracticabl e, the effects of the subsidized imports shall be 
assessed by the examination of the production of the narrowest group or range of products, which 
includes the like product, for which the necessary information can be provided.  
 
9. A determination of a threat of material injury shall be based on facts. The circumstances creating a situation, in which the subsidy would cause injury, must be clearly foreseen and imminent.  
 
 In making a determination regarding the existence of a threat of material injury investigating authorities should consider such factors as:  
 
 1.  nature of the subsidy or subsidies in question and the trade effects likely to arise therefore;  
 
 2.  a significant rate of increase of subsidized imports into the national market indicating the likelihood of substantially increased importation;   
 3.  sufficient, freely disposable or an imminent, substantial increase in the capacity of the 
exporter indicating the likelihood of substantially increased subsidized exports to Ukraine, taking into account the availability of other export markets to absorb any additional exports;  
 
 4.  whether imports entering at prices that will have a significant depressing or suppressing effect on domestic prices, and would likel y increase demand for further imports;  
 
 5.  inventories of the product being investigated.    The totality of the factors laid down in this paragraph must lead to Ministry's conclusion that 
further subsidized exports are imminent and that, unless protective action is taken, material injury 
would occur.   
Article 14. Definitions of National Industry 
 1. For the purpose of this Act, the term "nationa l industry" shall be interpreted as referring to 
the national producers as a whole of the like products or to those of them, whose collective output 
of the products constitutes a major proportion of the total production in Ukraine of those products along with the peculiarities stipulated by this Ar ticle and paragraph eight of the Article 15 of this 
Act. For the purpose of determination of the nation al industry the following factors shall be taken 
into consideration:  
  1.  when producers of a like product of Ukraine are related to the exporters or importers of 
the allegedly subsidized product, the term "national industry" may be interpreted as referring to 
the rest of the producers, except those specified above;   
 2.  in exceptional circumstances, the territory of Ukraine may, for the production in 
question, be divided into two or more competitiv e markets and the producers within each market 
may be regarded as a separate industry if:   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  - the producers within each market sell all of their production of the product in question in 
that market;  - the demand in that market is not to any substantial degree supplied by producers of the 
product in question located elsewhere in Ukraine. In such circumstances, injury may be 
found to exist, even where a major portion of the total domestic industry is not injured, 
provided there is concentration of subsidized imports into such an isolated market and provided further that the subsidized imports caus e injury to the producers of all or almost all 
of the production within such market.  
 2. The producers shall be related to the expo rters or importers, provided that one (or 
several) below conditions exist:  
 
 1.  one of them directly or indirectly controls the other;   
 2.  both of them are directly or indi rectly controlled by a the third person;  
  3.  together they directly or indirectly control a third producer so, that the effect of the 
relationship is so that the activity (inactivity) of such producer differs from non-related producers 
which are not bound to the exporters, importers and producers described in the sub-paragraphs 1 
and 2 of this paragraph.  
 The producer (exporter, importer) shall be d eemed to control another when the former is 
legally or operationally in a position to exercise restraint or direction over the latter.   
Section V. INITIATION OF ANTI-SUBSIDI ZING PROCEDURE AND ANTI-SUBSIDIZING 
INVESTIGATION  
Article 15. Initiation of an ti-subsidizing procedure  
 1. The procedure of anti-subsidizing investigat ion, for the purpose of establishment of the 
existence of any alleged subsidy, its amount and effect, shall be initiated by the Ministry upon 
written application by or on behalf of the national industry except as laid down in paragraph ten of 
this Article.   
 The application in writing shall be provided by the national producer, physical or legal entity 
acting on behalf of the national producer.   
 The application shall be served on the Ministry by the registered mail or delivered to the 
Ministry against receipt. The Ministry shall provide the Commission with a copy of the application to be seen by all its members.   
 The next day following the receipt and filing of the application in the Ministry shall be the 
first working day the application deems to be provided.   
Where the application has not been served directly  on the Ministry under the order provided in 
sentence three of this paragraph, or there exis ts an appropriate body of Ukrainian government, 
which disposes of relevant evidence of the existence of the subsidy and injury, the body in 
question shall immediately serve on, or make an application to the Ministry. The same right to 
make application to the Ministry shall enjoy th e trade union of the employees of the national 
producer's enterprise.   
2. The application, made under the provisions of the paragraph one of this Article, shall contain 
evidence of the existence of alleged actionable subsidy (including, if possible, its amount), alleged injury and casual link between them. The application shall contain such information as is 
reasonably available to the applicant on the following:  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   1. identity of the applicant, composition of the applicant, proof of capability of the persons in 
question, the volume and value of the production of the like product by the applicant in Ukraine. 
Where a written application is made on behalf of the national industry, the application shall identify:  
 
- the industry, on behalf of which the application is made, a description of the volume and value of production of the like product in Ukraine;  
 
- a list of all known national producers of the like product (or associations of national producers of the like product) and to the extent possible, a description of the volume and value of production of the like product in Ukraine.  
 
 2.  a complete description of the allegedly subsidized product, the names of the country or countries of origin or export in question;  
 
 3.  the identity of each known exporter or foreign producer and a list of known persons (physical or legal) importing the product in question;  
 
 4.  evidence with regard to the existence, am ount and nature of the subsidy in question and 
evidence that a subsidy is actionable;   
 5.  evidence, including information on evolution the volume of the allegedly subsidized 
imports and the effect of these imports on prices of the like product in the market of Ukraine and 
consequent impact of the imports on the national industry, as demonstrated by relevant factors 
and indices having a bearing on the state of the national industry such as those listed in 
paragraphs three and five of the Article 13 of this Act.   
3. Upon receipt of the application under provisio ns of the paragraph one of this Article, the 
Ministry shall initiate investigation, reviewing the accuracy and adequacy of the evidences provided in the application, to determine whether the evidence is sufficient to justify the opening of a countervailing duty investigation pursuant to the paragraph thirteen of this Article.  
 
4. An investigation shall be initiated for the purpose of determination whether the allegedly subsidies are specific pursuant to the paragraphs one and two of the Article 8 of this Act.  
 
5. An investigation shall be also initiated for the purpose of determination whether non-actionable subsidies meet the requirements of the conditions listed in the paragraphs one, three, 
four or five of the Article 9 of this Act.  
 6. If a matter of a subsidy, granted in the framework of the subsidizing programme, has been passed to the Commission of subsidies and countervailing measures of WTO under the terms of 
the Article 8 of the GATT Agreement of 1994 on subsidies and countervailing measures before due 
introduction of the programme in question, and where the Commission has not determined whether such subsidy meets the requirements of the provisions thereof, the countervailing duty 
investigation, pursuant to the subsidy in question, shall be initiated only if the fact of violation of 
the provisions of the Article 8 of said Agreement was established by the WTO authority governing 
the settlement of disputes or arbitration, as provided in paragraph five of the Article 8 of such 
Agreement.  
 7. An investigation shall be also initiated pursuant to the measures of national support to the agriculture producers of the exporting countries listed in the Annex 4 of this Act, provided that 
these measures incorporate a component of a subsidy in question under the terms of the Article 6 
of this Act, in order to determine whether such measures meet the requirements of the provisions 
of the above Annex.  
 
8. The application shall be considered to have been made by or on behalf of the national 
industry, if it is supported by those national producers, whose collective output constitutes more 
than 50% of the total production of the like pr oduct produced by the portion of the national 
producers expressing either support for or oppositi on to the application. However, no investigation 
shall be initiated when national producers expressly supporting the application account for less than 25% of total production of the like product pr oduced by the national industry. If, at the date 
of making application and serving it on the Ministry, the applicant is supported by those national G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  producers, whose collective output constitutes 25% or more (but less than 50%) of the production 
of the like product produced by the national indust ry, the applicant shall, in the course of anti-
subsidizing procedure, get support (or direct or indirect opposition to) of other producers to establish whether this application is supported by those national producers, whose collective 
output constitutes more than 50% of the total pr oduction of the like product by the national 
producers prior to initiation of an anti-subsidizing investigation.   
9. The Ministry and Commission shall avoid any publicizing of the application for initiation of an 
anti-dumping investigation, prior to making decision on initiation of such investigation. However, after receipt of a properly documented application and before proceeding to initiate an anti-dumping investigation, the Ministry shall by order of the Commission give a notice to the 
competent authorities of the interested exporting country on initiation of an anti-subsidizing 
procedure. In the circumstances the Ministry sha ll serve on the applicant the confidential request 
to direct additional copies of non-confidential versions of the application to be dealt with pursuant 
to the paragraph fifteen of this Article.  
 10. In special circumstances, laid down in paragraph five of this Article, the Commission may 
decide to initiate an anti-subsidizing investigation without receiving a written application by or on 
behalf of a national industry, provided that  the Commission has sufficient evidence of the 
existence of a subsidy, injury and casual link as described in paragraph two of this Article, to justify initiation of an investigation.  
 
 The Ministry shall initiate the investigation in question if the Commission so decided.   
 An investigation shall not be initiated to the imports of the countries - the members of WTO, 
the volume of which is less that one % of the total volume of consumption in Ukraine of the product, which is subject to anti-subsidizing proced ure, if collective volume of such imports from 
the aforementioned countries is less than thr ee % of the consumption volume in question.  
 11. The sufficient evidence of both subsidy and injury shall be considered by the Ministry 
simultaneously in the decision, whether or not to initiate an anti-subsidizing investigation.  
 
12. An application shall be rejected, if the authorities concerned are satisfied that there is no sufficient evidence of either subsidization or injury to satisfy proceeding with the case.  
 
 An applicant may withdraw his application during the course of anti-subsidizing procedure prior to initiation of the investigation. In this case an application is considered as if not made.  
 
13. The Ministry shall provide a report to the Co mmission on the results of the anti-subsidizing 
procedure. The decision on initiation of the investigation shall be made by the Commission on request of the Ministry, normally within the te r m  o f  3 0  d a y s  f r o m  t h e  d a t e  o f  m a k i n g  a n  
application. Such decision shall be made on the basis of sufficient evidences substantiated by 
actual data obtained in the course of anti-subsidizing procedure. A decision on initiation of the investigation made by the Commission shall authorize the Ministry to:  
 
 1.  immediate initiation of the anti-subsidizing investigation;   
 2.  to publish a notice on initiation of an investigation in the press of the Cabinet of Ministers 
of Ukraine (hereinafter referred as newspaper).    If upon request of the Ministry the Commission decides to terminate the anti-subsidizing 
procedure because of insufficient evidence to subs tantiate the application, it shall authorize the 
Ministry to notify the applicant of such decision within 45 days from the date of making application.  
 
14. The notification of initiation of an anti-subsidizing investigation shall contain:   
 1.  the information on initiation of an anti-subsidizing investigation;  
  2.  description of the product in question and the names of the interested countries;  
 
 3.  brief report (hereinafter referred as su mmary) on information obtained by the Ministry;  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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 4.  reference that all useful information on the investigation in question shall be directed to the Ministry;  
 
 5.  terms within the frames of which:  
 
- the interested parties can give a notice to the Ministry on their concern in such 
investigation;  
- the interested parties can provide written comments on such investigation and other relevant information. Such comments and other information shall be accounted by the Ministry in the course of an investigation, if provided for the Ministry in due terms of 
notification;  
- the interested parties shall have the right to require the hearings to be held at the Ministry pursuant to the paragraph six of the Article 16 of this Act.  
 
15. The Ministry shall notify the exporters, impo rters, the known associations of importers or 
exporters, competent authorities of the exporting country and an applicant of initiation of anti-
subsidizing investigation. For the purpose of this Act with regard to protection of the confidential 
information, the Ministry shall provide the full text of the written application to the known exporters, to the competent authorities of the exporting country and make it available upon 
request to other interested parties involved. If th e number of the interested exporters is too great, 
the Ministry shall provide the full text of the wri tten application to the competent authorities of the 
exporting country only.   
16. An anti-subsidizing investigation shall not hinder the procedures of customs clearance.  
 Article 16. Anti-subsidizing investigation 
 
1. Pursuant to the decision of the Commission, the Ministry shall initiate anti-subsidizing investigation and perform such investigation together with other executive bodies of the government of Ukraine.  
 
2. An investigation shall be carried out for the purpose of determination of the existence of the subsidy and injury. For the purpose of determination, in the course of investigation, of the facts of 
subsidization, the term of investigation shall be fixed pursuant to the provisions of paragraph one 
of the Article 10 of this Act. Any information relating to the period other than specified above shall not be accounted.  
 
3. The Ministry, along with the notice on initiation of the investigation, shall provide to the known exporters, importers, other parties, which the Ministry considers to be involved in such 
investigation, or to the competent authorities of the exporting countries, the questionnaires for the 
purpose to receive information and evidence to be used during such investigation.  
  The interested parties shall be given at least thirty days from the date of delivery to 
respond.  
  The questionnaire shall be deemed to be delivered within 4 days after mailing it to the 
recipient or diplomatic representative of the exporting country.  
  The term for giving reply may be extended by the Ministry pursuant to the terms fixed for performance of such investigation, provided that the interested parties shall present reasonable 
evidence for such extension.  
 4. The Ministry shall require the executive bodi es of the government of Ukraine to provide 
information and materials needed to carry out an anti-subsidizing investigation. On request of any 
member of the Commission the Ministry shall prov ide him or the Commission with non-confidential 
resume in a summery form received from such bodies.  
 
5. During the course of the investigation the Ministry shall have the right to:    1.  authorize other executive bodies of the go vernment of Ukraine to perform inspection or 
verification of the activity of the importers, traders and Ukrainian producers;  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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 2.  carry out verification of information received from the interested parties involved in an investigation, unless the interested party or officially notified competent authorities of the interested country object to the investigation. For this purpose the Ministry shall determine the 
terms and methods of performance of such inspection and verification.  
  The executive bodies of the government of Ukraine shall take all necessary measures to 
satisfy such requirements. The inspections and verifications shall be also executed by the 
authorized officers of the Ministry.   6. The interested parties, which have notified the Ministry about their intention to be involved 
in an investigation pursuant to paragraph fourteen of the Article 15 of this Act, shall have the right 
to apply to the Ministry with request the hearings to be held at the Ministry in the matter of an anti-subsidizing investigation, provided that:  
 
 1.  they required such hearings to be held within the terms fixed in the newspaper's notice on initiation of an investigation;  
 
 2.  they have proved to be the interested parties that could be affected by the consequent impact of such investigation;   
 3.  they have special reasons for such hearings to be held.  
 7. On request of the parties, which have informed  the Ministry on their wish to be involved in 
an investigation pursuant to the paragraph fourteen of the Article 15 of this Act, and on request of 
the competent authorities, the Ministry shall provide opportunity for all interested parties to meet those parties with adverse interests, so that opposing views may be presented and rebuttal 
arguments offered. Provision of such opportunities must take into account the need to preserve 
confidentiality pursuant to available information.    There shall be no obligation on any party to attend consultations, and failure or refusal to do 
so shall not be prejudicial to that party's case.  
  Oral information, provided to the interested parties pursuant to the paragraphs seven and 
eight of this Article, shall be taken into account by the Ministry in the course of an investigation, 
only insofar as it is subsequently reproduced in writing.   
8. The applicants and interested parties, which have notified the Ministry about their 
involvement in an investigation, pursuant to the paragraph fourteen of the Article 15 of this Act, and the respective competent authorities shall, on  request, be provided opportunities to see all 
information, which is relevant to the presentation  of their cases, that is not confidential, with 
exception of the confidential official documents of  the Ministry and Commission, provided that such 
information is:   
 1.  related to protection of their interests;  
  2.  not confidential pursuant to the provisions of the Article 31 of this Act;  
 
 3.  used in the anti-subsidizing investigation.   9. Any information provided by the interested parties for making affirmative or negative 
determination, whether a subsidy and injury exist shall be verified by the Ministry, except in those 
cases described in the Article 30 of this Act.  
 The information and evidences, supplied to the Ministry by one of the interested parties in 
the course of an investigation, shall be provided by such party to all other interested parties. If the relevant information and evidences are not supplied to the Ministry or to the interested parties or 
it is impossible to verify such information and evidences, the information and evidences in 
question shall be disregarded in the course of the investigation.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  10. Investigations shall be concluded within one year after initiation thereof.  
  The time-limits for conducting investigation may be extended by decision of the Commission but in no case shall be more than 14 months.  
 
11. In the course of the investigation the Minist ry shall provide the competent authorities with 
opportunities to continue consultations in order to satisfy themselves as to the accuracy of the 
facts and to arrive at a mutually acceptable solution in this respect.  
 Section VI. COUNTERVAILING MEASURES  
Article 17. Provisional measures 
 1. Provisional measures may be applied only if:  
 
 1.  an anti-subsidizing procedure has been initiated pursuant to the provisions of Article 15 of this Act;  
 
 2.  an investigation has been initiated pursuant to the provisions of Article 16 of this Act;    3.  a public notice on initiated anti-subsidizing procedure has been given in the newspaper;  
 
 4.  interested parties have been given adequate opportunities to submit information and comments pursuant to the paragraph fourteen of the Article 15 of this Act; 
 
 5.  during anti-subsidizing investigation the Ministry has made a preliminary affirmative determination that a subsidy exists and that there is  material injury to a domestic industry caused 
by subsidizing imports, which enjoy prohibited subsidy in Ukraine;  
  6.  national interests judge such measures ne cessary to prevent serious injury being caused.  
 
2. Provisional measures shall not be applied soon er than 60 days and later than nine months 
from the date of initiation of investigation.   
3. If the intention of the Ministry to verify pe rtinent data under the provisions of Articles 8 
and 9, paragraph nine of the Article 16 and Articles 28 and 30 of this Act have not been accepted by a importers, exporters or manufacturers, which are subject to an investigation, the 
investigating authorities shall establish, not later than 75 days from the date of the initiation of an 
investigation, whether provided evidences have been justified to make preliminary determination of the existence of an actionable subsidy and injury.   
 Not later than 10 days before the possible date of application of the provisional measures 
the interested parties may be given a notice on justification why the Ministry requires the Commission to review and apply the provisional measures. The interested parties may direct to the 
Ministry their comments in this respect. Any comments of the interested parties shall be reviewed 
by the Ministry, only if supplied not later than 5 da ys prior to the date of making decision by the 
Ministry to apply provisional measures. The reasons for non-acceptance of the comments shall be 
described in the appropriate decision of the Commission.  
  To this end the Commission, having accounted the recommendations of the Ministry, may decide to apply provisional measures not later than 90 days of the date of initiation of an anti-
subsidizing investigation.  
 4. If any member of the Commission requires the immediate application of the provisional 
measures by the Commission, pursuant to the requ irements of the paragraphs one and two of this 
Article, the Ministry shall:   
 1.  make preliminary determination with regard to the existence of a fact of subsidy and 
injury and whether it is reasonable to apply provisional measures not later than at the tenth working day from the date of receipt of duly executed request of a member of the Commission;   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   2.  give a notice to the Commission with regard to such determinations proposing to fix the 
date the hearings of the Commission to be held in this respect.   5. Before termination of an anti-subsidizing investigation, the Ministry shall be satisfied that 
there is sufficient evidence provided by the applic ants, interested parties, executive bodies of the 
Ukrainian government of the existence an actionable subsidy, infliction of injury and justified reasons for application of the provisional measures. The Ministry shall give a notice to the 
Commission with regard to the determinations in question.  
  Not later than 10 days prior to the expected date of application of the provisional measures, the interested parties may be given a notice on justification why the Ministry requires the 
Commission to review and apply the provisional measures. The interested parties may direct to the 
Ministry their comments in this respect. Any comments of the interested parties shall be reviewed by the Ministry, only if supplied not later than 5 da ys prior to the date of making decision by the 
Ministry to apply provisional measures. The reasons for non-acceptance of the comments shall be 
described in the appropriate decision of the Commission.   
 On the basis of the recommendations made by the Ministry, the Commission may decide to 
apply provisional measures not later than nine months from the date of initiation of an anti-subsidizing investigation.   
6. The determinations of the Ministry to reject application of the provisional measures shall not 
be ignored, where the decision with regard to such measures has been made in the following 
cases:  
 
 1.  upon reasonable request provid ed by a member of the Commission;  
 
 2.  upon reasonable request provided by an interested national producer;  
  3.  with regard to an initiative of the Ministry pursuant to new revealed evidences proving the existence of the subsidization and injury.  
 
7. The provisional measures may be applied by means of imposition of the provisional countervailing duties. The rate of provisional countervailing duty shall be determined in the 
appropriate resolution of the Commission.  
  The rate of provisional countervailing duty shall be determined by one of the methods 
below:  
 
- in % pursuant to duty cost of the product under anti-subsidizing investigation. The duty cost shall be calculated pursuant to the basic terms of delivery CIF- the boarder of Ukraine;  
 
- as a difference between minimum value and duty cost of the product calculated pursuant to the basic terms of delivery CIF- the boarder of Ukraine;  
 
 Minimum price shall mean the sales value of the product in question, which does not cause injury to the national producer. The minimum value shall be calculated pursuant to the paragraph 
nine of this Article.  
 8. Minimum value shall be calculated as follows:   
 1.  The Ministry shall calculate the value of the product under anti-subsidizing investigation 
pursuant to the practice in sales of such product in the market of Ukraine within the basic period. The Ministry shall calculate the weighted average va lue for basic period on the basis of weekly or 
monthly prices. The Ministry shall make one time calculation using relevant information provided 
by the Customs, the applicant or the interested party, or using the like information from other sources. The basic period shall mean the period of duration from six months to five years, 
preceding the period of investigation;  
  2.  The Ministry shall establish the actual current market price of the product under anti-subsidizing investigation based on the price practiced in the market of Ukraine for the period of G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  investigation, anti-subsidizing investigation and the period of application of the provisional 
measures within four weeks preceding 25th day of each month;    3.  The Ministry shall calculate the variable value in % that equals to a difference between 
prices described in sub-paragraphs 1 and 2 of th is paragraph divided to the price of the product 
that have been practiced in the market of Ukraine;   
 4.  The Ministry shall establish the price of a product of the national producer within the 
basic period using information received from such producer and/or from other sources in the course of investigation;   
 5.  an adjustment in price of a product of the national producer shall mean the variable 
value in % calculated pursuant to the sub-paragraph 3 of this paragraph and multiplied by the price value of a product of the national producer calculated pursuant to sub-paragraph 1 of this 
paragraph;  
  6.  the minimum price for the next month shal l be established by means of increase in a 
price of the product of the national producer for the basic period by the value of the above 
adjustment;    7.  the Ministry shall calculate the minimum price on the base of the data available by 
25
th day of each month;  
  8.  the Ministry shall provide the Customs with information on the minimum price not later 
than on 1st day of each month;  
  9.  the established minimum price, pursuant to this paragraph, shall be effective during the 
whole period of application of the provisional anti-subsidizing measures;  
  10.  where the minimum price is calculated for the five year period the Ministry shall use the method of calculation of the minimum price purs uant to sub-paragraphs from 1 to 9 of this 
paragraph, adjusting necessary data to the five year period of the provisional measures to be 
applied.   
9. A provisional countervailing duty shall be paid in a cash or non-cash form or by means of 
cash deposits or bonds equal to the duty amount, if not otherwise is established by the Act.   
10. The rate of a provisional countervailing duty  shall not exceed the preliminarily calculated 
total amount of the actionable subsidy and shall be less than the amount of the subsidy, if such increases would be adequate to those of the national industry.   
 A provisional countervailing duty shall be levied in the appropriate amounts in each case, on 
a non-discriminatory basis and notwithstanding the country of export, if the decision of the Commission determines that the imports of the products in question is subject to application of the 
provisional measures.  
  In such decision the Commission shall identify  each supplier of the products, the imports of 
which is subject to application of the provisional measures. Where an anti-subsidizing investigation 
is performed with regard to the products import ed by the producers of one and the same country 
and it is impracticable to identify all such suppliers, in its decision, the Commission shall identify the exporting country. Where an anti-subsidizing investigation is performed with regard to the 
products imported by several producers from more than one country, in the decision of the 
Commission shall be identified either all suppliers or, if it is impracticable, all exporting countries.   
 In its decision, the Commission shall establish the rate of provisional countervailing duty 
imposed on the product of each supplier (produce r, exporter, importer), the imports of which to 
the Ukrainian market, is subject to application of countervailing measures, or if it is impracticable 
to identify all suppliers of such products, all exporting countries shall be identified.  
 11. A provisional countervailing duty shall be im posed by the customs authorities of Ukraine at 
the rate and under terms established by a decision of the Commission with regard to the 
provisional countervailing measures to be applied. A provisional countervailing duty shall be G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  imposed irrespective of payments of other taxes and charges (mandatory payments), including 
duty, administered at the time of importation of certain categories of goods to the customs 
territory of Ukraine.   
 (part eleven of Article 17 is amended pursuant to the Law of Ukraine 
of 13 March 2012 N 4496-VI) 
 
12. The application of provisional countervailing measures shall be limited to as short a period 
as possible, not exceeding four months.   
(part 12 of Article 17 is in the wording 
of the Law of Ukraine N 252-VI of 10 April 2008) 
 13. A decision, pursuant to extension of the term of application of the provisional measures, 
shall be made at the hearings of the Commission on recommendation of the Ministry by a qualified 
majority vote.   
14. By order of the Commission, the Ministry shall inform the Cabinet of Ministers of Ukraine on 
a decision made pursuant to the provisions of this Article.   15. The application of the provisional measures  shall not hinder customs clearance of the 
products under investigation.  
 Article 18. Undertakings of the interested parties 
 
1. Proceedings of an anti-subsidizing investigation may be terminated without the imposition of provisional measures or countervailing duties upon receipt of satisfactory voluntary undertakings 
under which:  
  1.  the government agrees:   
- to eliminate the subsidy; 
- or to limit the subsidy;  - or to take other measures with regard to the effects thereof.  
 
 2.  the Ministry has received satisfactory vo luntary written undertakings of the exporter to 
revise his prices or terminate exportations of products under investigation to the region of Ukraine 
using the prohibited subsidy to satisfy the Minist ry and the Commission, that the effect of such 
subsidy, pursuant to this Act, shall be eliminated;    3.  the Ministry provides the Commission with  the undertakings of the exporter along with 
the appropriate recommendations to the exporter to revise his prices. A decision on the exporter's 
undertakings shall be made by the Commission. The increase in prices with respect to the exporter's undertakings to terminate subsidized importation:  
 
- shall not be higher than it is needed to recover the amount of the prohibited subsidy;  
 
- however, shall not be less than the amount of the above subsidy, where such increase 
would be adequate to remove the injury caused  to the national industry by the subsidized 
imports.  
 
 The interested parties shall be recommended  to give undertaking, provided that the 
Commission has made the decision to apply the provisional measures.   Upon receipt of such voluntary undertaking the Ministry shall establish whether it meets the 
requirements of sub-paragraphs 1 and 2 of this paragraph.  
  At the hearing the Commission may decide to accept such undertakings.  
 
 Where, pursuant to paragraphs one and two of the Article 14 of this Act, the total number of 
the producers of a certain region has been identifi ed as the national producer, the exporters shall 
be given an opportunity to offer importation of their products to these separate markets pursuant G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  to the provisions of this Article. If the Commission establishes, that the application of the 
provisional measures protects national interests, the regional interests shall be also accounted.   2. Where the mentioned above undertaking is insufficient to remove the consequent impact of 
the subsidization, or not offered within 60 days from the date the Commission has made the 
decision to impose the provisional countervailing duties, or due to the circumstances laid down in the paragraphs nine and ten of this Article, the Commission shall make a decision to impose the 
provisional and definitive countervailing duties within the whole territory of Ukraine. In such cases 
the Commission shall establish in such decision the producers or exporters of the products, the countervailing duties to be imposed thereon, whic h have been identified in the course of anti-
subsidizing investigation.  
 
 Undertakings to terminate the subsidized impo rts shall be suggested by the Ministry but the 
authorities and/or interested parties shall be not liable to accept them. The fact, that authorities 
and/or interested parties do not offer undertakings pursuant to termination of the subsidized 
imports, or oppose to the appropriate recommendations of the Ministry thereof, shall in no way prejudice the performance of anti-subsidizing in vestigation. However, the Ministry is free to 
determine that a threat of injury more likely if subsidized imports continue.  
  Undertakings to terminate the subsidized imports shall be proposed to the interested parties by the Ministry, when the Commission has de cided to apply the provisional measures.  
 
 Undertakings shall not be offered after expiration date laid down in the paragraph five of the Article 32 of this Act, if not otherwise prov ided for the extraordinary circumstances.  
 
3. Undertakings of the exporters to terminate th e subsidized imports need not be accepted, if 
the Ministry considers their acceptance impracti cal, for example, if the number of actual or 
potential exporters is too great, or for other reasons, including the general policy as well.  
  Should the case arise and not later than 15 days prior to expiration date of application of the provisional measures, the interested exporters shall be provided with reasons, for which the 
Ministry has recommended to the Commission to consider acceptance of an undertaking as 
inappropriate. Such exporters shall be given an opportunity to make comments thereon, if provided to the Ministry, not later than 10 days prior to expiration date of application of the 
provisional measures.  
  In its final decision the Commission shall provide the reasons for non-acceptance of the 
exporter's comments to be accounted.  
 4. The exporters, who offer the undertakings, sh all present a non-confidential version of such 
undertaking to be provided by the Ministry  to other interested parties to be seen. 
 
5. Where, after consultations held between the Ministry and interested parties, the exporters 
offer the undertakings to terminate the subsidized imports, the Ministry shall approve the 
preliminary determination to terminate anti-subsidizing investigation and submit a report on the 
results of such consultations, recommending the Commission to make decision on termination of an anti-subsidizing investigation without application of the provisional measures to the product 
imported to Ukraine by the interested partie s, whose undertakings have been accepted.  
  The decision of the Commission on acceptance of undertakings of the exporter to terminate 
subsidized import and on termination of an anti-subsidizing investigation shall be made by a 
qualified majority vote within one month from the date of acceptance of recommendations 
provided by the Ministry to terminate such invest igation. An anti-subsidizing investigation shall 
deem to be terminated, if within a period of one month from the date of submission of such report, 
the Commission has not decided otherwise.  
  If the Commission decided to terminate an anti -subsidizing investigation, the Ministry shall 
immediately provide the Commission with a detailed report on the results of consultations, 
pursuant to application of the provisional measures.   6. If the undertakings of an exporter to terminate the subsidized imports are accepted, the 
Ministry, normally, shall continue performance of anti-subsidizing investigation to be terminated. If G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  a negative determination of subsidization or injury is made, the undertaking shall automatically 
lapse, except in cases, where such determinatio n is due in large part to the existence of an 
undertaking. In such cases the Ministry may require an undertaking be maintained for a 
reasonable period needed to eliminate the consequent impact of the subsidized imports.  
 
 Where, an affirmative determination of subsidization and injury is made by the Ministry, the undertaking shall continue to be consistent with the decision of the Commission.  
 
 The Ministry shall immediately provide the Commission with the report on the decision made pursuant to the provisions of this paragraph. The Commission may approve such decision at the 
hearings by a qualified majority vote.  
 
7. The Ministry shall have the right to requir e any competent authorities or exporter, from 
whom undertakings to terminate the subsidized  imports have been accepted, to provide 
periodically information to the fulfilment of such undertakings, and to permit verification of 
pertinent data. Renunciation of fulfilment of such undertakings by the competent authorities and/or exporter shall be considered as violation thereof.  
 
8. If in the course of an anti-subsidizing in vestigation an undertaking of the exporter to 
terminate the subsidized imports is accepted pursuant to the Section VII of this Act, such undertaking shall be maintained from the date of termination of an anti-subsidizing investigation in 
question.  
 9. If the Ministry establishes violation or nullifi cation of undertakings by a party, the Ministry 
shall draw up a report with recommendation to appl y the provisional measures and submit it to the 
Commission to be reviewed. At the hearings, the Commission shall review the report and, pursuant to the Article 19 of this Act, may decide by a simple majority vote to impose the 
definitive countervailing duty, based on the facts es tablished in the course of an anti-subsidizing 
investigation, where undertaking of the exporter to terminate the subsidized imports has been 
accepted. The decision to apply the definitive countervailing measures shall be made if:   
 1.  a final determination of the existence of  the subsidy and injury has been made by the 
Commission pursuant to the results of the investigation;   
 2.  the exporter and/or competent authority, except the cases, where undertakings have 
been nullified, shall have an opportunity to submit to the Commission their comments to be accounted at the hearings of the Commission.  
 
10. At the hearings the Commission shall review the report of the Ministry and other provided 
information and make decision with regard to available data and provisions of the Article 17 of this Act on immediate application of the provisional measures:  
 
 1.  if there is sufficient evidence that the exporter and/or competent authority violate their 
undertakings to terminate the subsidized imports;  
 
 2.  if the exporter and/or competent authority violate their undertakings to terminate the subsidized imports, where anti-subsidizing investigations, in the course of which such undertakings 
have been offered, still continue.  
  The decision of the Commission on immediate application of the provisional measures shall be made by a simple majority vote.  
 
Article 19. Termination of anti-subsidizi ng procedure without application of the 
countervailing measures. Application of the definitive countervailing measures 
 
1. If the application is withdrawn, an anti-s ubsidizing procedure shall terminate with no 
countervailing measures to be applied, except in cases, where termination of such procedure 
contradicts to the national interests.  
 2. If application of the provisional countervailing  measures is not needed, nor refusal to apply 
such measures is opposed by the members of the Commission, the latter on recommendation of G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  the Ministry shall terminate the anti-subsidizing  procedure or investigation. The decision in 
question shall be made by a qualified majority of vote.    Pursuant to this paragraph, the Ministry shall draw up a report, notify the representatives of 
the country of origin and/or exporting country and publish an appropriate announcement in the 
newspaper setting out the basic determinations and summaries of the reasons for termination of the anti-subsidizing investigation without application of the countervailing measures.  
 
3. Pursuant to the paragraph five of this Article an anti-subsidizing procedure shall be immediately terminated by the order of the Commission on recommendation of the Ministry 
without application of the countervailing measures, provided that an actionable subsidy is 
minimum, or the volume of actual or potential subsidized imports or actual or potential injury are 
insufficient.   
4. For the purpose of an anti-subsidizing inve stigation, initiated pursuant to the paragraph 
thirteen of the Article 15 of this Act, the injury shall be insufficient, where the amount of the share 
of the market of importation of the like products introduced to commerce of Ukraine, is less than 
the amounts laid down in the third sentence of th e paragraph ten of the Article 15 of this Act.  
  In an anti-subsidizing investigation with regard to the imports from the developing 
countries, the members of WTO, the volume of the subsidized imports shall be treated as 
insufficient, provided that this volume is less than four % of the total volume of importation of the 
like product introduced to commerce of Ukraine from any of a developing country – the member 
of WTO.  
 
 However, the countervailing measures shall be applied, where the volume of the subsidized imports exceeds nine % of the total volume of the importation of the like products introduced to 
commerce of Ukraine from several developing countries, the members of WTO, even if their 
respective shares in imports to Ukraine are less than four %.   5. In an anti-subsidizing investigation the amo unt of actionable subsidy shall be regarded as 
minimum, only if it is less than one % of the total cost of the product under investigation, except:  
  1.  in an anti-subsidizing investigation, pursuant to importation of the products from the 
developing countries, the minimum threshold of a subsidy shall be the amount of the imports not 
exceeding two % of the total cost volume of the product under investigation;   
 2.  for the countries, the members of WTO, described in the Annexes 5 and 6 to this Act and 
for those developing countries not applying subsid ization pursuant to the paragraph three of the 
Article 8 of this Act, the minimum threshold of a subsidy shall be three % of the total cost volume of the product under investigation.  
 
 If application of the provisions of this subparagraph depends upon nullification of the 
exporting subsidies, such provision shall apply from the date of notification of the WTO 
Commission for subsidization and countervailing measures unless one of the aforementioned 
developing countries would grant an exporting subsidy.   
 To this end an anti-subsidizing investigation shall be carried out if:  
 
- the amount of an actionable subsidy is above its minimum level established for certain exporters;  
- certain exporters continue to be subject to anti-subsidizing procedure and may be subject 
again to an anti-subsidizing investigation with regard to importation of products from the country in question under the provisions of the Section VII of this Act.  
 
 Such anti-subsidizing investigation shall terminate without application of the countervailing measures.  
 
6. The principles of application of the countervailing measures shall be as follows:    1.  definitive countervailing measures shall be applied, where the Ministry has made the final 
affirmative determination of the existence of the prohibited subsidy and injury, being a consequent G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  impact of such subsidy, and where the application thereof is required with regard to protection of 
the national interests pursuant to the provisions of the Article 35 of this Act;    2.  when provisional countervailing measures  are applied, the Ministry shall provide the 
Commission with proposals to apply the definitive countervailing measures one month prior to the 
expiration date of application of the provisional measures;   
 3.  on recommendation of the Ministry, the Commission shall decide whether to levy the 
definitive countervailing duties and establish the rate thereof, which must not exceed the amount of preliminarily calculated total amount of the actionable subsidy and be less than the amount in question, provided that such rate shall be sufficient to avoid injury caused to the national 
producer;  
  4.  the definitive countervailing measures may be applied in a form of the levied definitive 
countervailing duty. The rate of the definitive countervailing duty shall be established in the 
appropriate decision of the Commission. The rate of the definitive countervailing duty shall be 
established:  
 
- in % pursuant to duty cost of the product under anti-subsidizing investigation. The duty cost shall be calculated pursuant to the basic terms of delivery CIF- the boarder of Ukraine;  - as a difference between minimum price and duty cost of the product calculated pursuant to 
the basic terms of delivery CIF- the boarder of  Ukraine. To this end the minimum price shall 
be calculated pursuant to the paragraph eight of the Article 17 of this Act.  
 
7. The definitive countervailing duty shall be levied in the appropriate amounts in each case, on 
a non-discriminatory basis on imports from any exporting country, if established that the import in question enjoys an actionable subsidy and causes injury, provided that no undertakings have been 
offered by the exporter pursuant to the provisions of this Act.  
  In such decision the Commission shall identify  each supplier of the products, the imports of 
which is subject to application of the definitive countervailing measures. Where an anti-subsidizing 
investigation is performed pursuant to the prod ucts imported by the producers of one and the 
same country and there is no possibility to identify all such suppliers, in its decision the Commission shall identify the exporting country. Where an anti-subsidizing investigation is 
performed pursuant to the products imported by several producers from more than one country, in 
such decision the Commission shall identify either all suppliers or, if it is impracticable, all exporting countries.  
 
 In the decision the Commission shall establish the rate of the definitive countervailing duty levied on the product of each supplier (producer, exporter, importer), the imports of which to the 
Ukrainian market is subject to application of the countervailing measures, or if it is impracticable 
to identify a supplier (producer, exporter, import er) of such products a rate of the definitive 
countervailing duty shall be established for the exporting country.   
8. In cases, where the Ministry makes use of selective methods in the course of an anti-
subsidizing investigation described in provisions of the Article 29 of this Act, a countervailing duty levied directly on exporters or producers of the products imported to Ukraine, who have notified 
the Ministry of their involvement, pursuant to the provisions of the Article 29 of this Act, shall not 
exceed weighted average amount of an actionable subsidy, established for comparable exporters or producers. Pursuant to this paragraph the Ministry shall not account zero and insufficient values, values calculated in cases illustrated in the Article 30 of this Act. Individual rates of a 
countervailing duty shall be imposed in cases of direct imports to Ukraine by the exporters or 
producers and where selective methods of an anti-subsidizing investigation are applied under the provisions of the Article 29 of this Act.  
 
9. A definitive countervailing duty shall be paid at the rate and under the terms established in the decision of the Commission with regard to application of the definitive countervailing 
measures. A definitive countervailing duty shall be  paid irrespective of other taxes and charges 
(mandatory payments) including duties, which are normally collected from the imports in Ukraine.   
(part nine of Article 19 is amended pursuant to the Law of Ukraine of 13 March 2012 N 4496-VI) 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Article 20. Specificity in applicat ion of the countervailing measures 
 1. The provisional and definitive countervailing measures shall only be applied to products, 
which enter for consumption in Ukraine and where the Commission decides to apply such 
measures and the appropriate decision enters into force, with exception of cases illustrated in the 
provisions of this Act.   
2. In case of imposition of the provisional countervailing duty after the Ministry has established 
the existence of an actionable subsidy and caused injury, and on recommendation of the Ministry the Commission, irrespective of the decision whether to impose the definitive countervailing duty or not, shall make the final decision on establishm ent of the rate of the provisional countervailing 
duty. To this end, when establishing the existe nce of the injury, the following factors shall be 
disregarded:   
 1.  sufficient impediment to creation or ex pansion by national industry the production of 
goods and products under investigation;   
 2.  a threat of serious injury, except in cases where the Ministry establishes that a threat to 
cause serious injury would likely to lead to actual serious injury, if not to apply provisional measures.   
 In all other cases, where exists a threat of serious injury or impediment to creation or 
expansion by national industry of the production  of goods and products under investigation, a 
provisional duty shall not be levied. The definitive countervailing duty shall be levied of the date of 
making final establishment of the existence of su fficient impediment to creation or expansion by 
national industry of the production of goods and products under investigation.   
3. If the rate of the definitive countervailing du ty is higher than the provisional duty, a supplier 
shall be released from payment of such difference. If the rate of the definitive countervailing duty 
is lower than the rate of the provisional duty, such difference shall be refunded to a supplier (producer, exporter, importer). Should the Commission make final negative determination of the 
existence of an actionable subsidy and caused injury, the amount of paid or deposited provisional 
countervailing duty shall be reimbursed to a supplier (producer, exporter, importer) and any bonds released.  
 
4. 90 days before the date of application of the provisional measures but not sooner 60 days before the date of initiation of an anti-subsidizing investigation, the definitive countervailing duty 
may be levied on the products declared for consumption should the below circumstances exist in 
the aggregate:    1.  the importation of the aforementioned products to Ukraine has been carried out under 
duly filed contracts pursuant to the paragraph four of the Article 27 of this Act;  
  2.  the Ministry has provided the importers wi th an opportunity to submit their comments on 
application of the countervailing measures;  
  3.  the Ministry has established that:  
 
- besides the subsidized product under investigation causing serious injury, which is likely to undermine the remedial effect, the injury is caused by massive imports of such product in a relatively short time, which enjoys benefit out of a prohibited subsidy;  
- in order to remedy the injury the Commission shall make immediate decision on imposition 
of a countervailing duty on such imports but not prior to the date of initiation of an anti-subsidizing investigation.  
 
5. In case of violation or nullification of the exporter's undertakings to terminate subsidized imports, 90 days prior to the date of the application of the provisional measures the definitive 
countervailing duty may be levied, but in no case prior to the date of initiation of an anti-
subsidizing investigation if:    1.  imports to Ukraine is carried out under the contracts duly filed pursuant to the paragraph 
four of the Article 27 of this Act;  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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 2.  the application of the countervailing measures does not involve the imports entered prior to violation or nullification by an exporter of his undertakings to terminate a subsidized imports.   
Section VII. DURATION OF COUNTERVAILING MEASURES, REVIEW AND 
REIMBURSEMENT OF COUNTERVAILING DUTY  
Article 21. Duration of countervailing measur es and general provisions of review or 
reimbursement of paid countervailing duty  1. The countervailing measures shall only be ap plied pursuant to the appropriate decision of 
the Commission within the terms and in the amount sufficient to eliminate an actionable 
subsidization which causes injury.   
2. The decision on application of the countervailing measures shall cease to be effective on a 
date not later than five years from their application or from the date of the most recent Commission's review, if such review covers both subsidization and injury, unless the Commission 
determines that the expiry of the term of application of the countervailing measures would likely to 
lead to continuation or recurrence of subsidization and injury.   3. The requirements of the Articles 15 and 16 of  this Act, except the terms provided in these 
Articles, shall extend to the procedure of the re view of countervailing measures pursuant to the 
Articles 24 and 25 of this Act.   
4. In all anti-subsidizing investigations performed with regard to the review of application of 
countervailing measures or reimbursement of a countervailing duty under provisions of this 
section, the Ministry shall apply same methods, if the circumstances have not changed, as those 
applied in anti-subsidizing investigation, to the effect of consequent impact of which, a 
countervailing duty has been imposed thereon and with the provisions of the Articles 10, 11, 12 and 29 of this Act taken into account.   
5. The review of countervailing measures shall be carried out as quickly as possible and 
normally be concluded within twelve months of the date of initiation of the review.   
6. The Ministry shall carry out the review pursua nt to the decisions made by the Commission.  
 7. If during the review of countervailing measures the Ministry makes affirmative or negative 
decision on the existence of prohibited subsidization and/or injury, the Ministry shall draw up a 
report setting out its proposals and recommendat ions and submit it to the Commission. With 
regard to a provided report the Commission shall make one of the decisions below:  
 
 1.  to nullify or continue application of the countervailing measures under the provisions of 
the Article 22 of this Act;   
 2.  nullify, continue or vary applied countervailing measures pursuant to the Articles 
23 and 24 of this Act.   
8. If the decision is made to nullify application of the countervailing measures not to all 
countries but only to the separate exporters, such  exporters shall continue to be subject to anti-
subsidizing investigation in question and may be subject to a new investigation, if another review of countervailing measures has been initiated pursuant to the provisions of this section.  
 
9. If, pursuant to the Article 23 of this Act, th e review of countervailing measures is carried out 
at the end of application of the countervailing measures described in the Article 22 of this Act, 
such measures shall be also reviewed under provisions of the Article 22 of this Act.  
 10. A review of the countervailing measures shall not hinder the procedures of customs 
clearance pursuant to the aforementioned products. 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Article 22. Review of countervailing measures  pursuant to expiration date of their 
application  1. Within the first half of the last year of application of the countervailing measures the 
Ministry shall give a public notice in the newspaper on the date the application of such measures to 
be terminated.   
2. The review of application of the countervailing measures, which are subject to termination 
thereof, shall be initiated on request of the nati onal producer or the government of Ukraine. The 
countervailing measures shall remain in force pe nding the outcome of the Commission's decision.  
 
3. Not later than three months prior to expiration date of the five year term of application of 
the countervailing measures, the national producer or the government of Ukraine may direct to the Ministry a request to review application of the coun tervailing measures because of expiry thereof.  
 
4. The review of application of the countervailing measures, because of termination thereof, shall be initiated, if the request provides suffi cient evidence that the expiry of countervailing 
measures would be likely to lead to continuation or recurrence of subsidization and injury. It shall 
be justified by one (or several) of the below evidences:    1.  continuation or recurrence of subsidization and injury;  
 
 2.  complete or partial remedy (safeguard ag ainst) of injury as a consequent impact of 
application of the countervailing measures;  
 
 3.  status of the exporters or economic conditions are likely to lead to new types of subsidization and injury.  
 
5. In the course of the review of countervailing  measures, because of the expiry thereof, the 
exporters, importers, competent authorities and Uk rainian producers shall be given an opportunity 
to supplement, refute or give comments on the request to review the countervailing measures and 
determinations of the Ministry, provided that they  contain duly substantiated proofs that failure to 
apply such measures would likely lead to continuation and recurrence of subsidization and injury.   
6. The Ministry shall give public notice in the newspaper on the actual date of termination of 
application the countervailing measures.   
Article 23. Interim review of  the countervailing measures 
 1. The Commission may review the reasons for continuation of application of the countervailing measures on the grounds of a substantiated requ est of the government of Ukraine, exporter, 
importer or national producer, provided that more than one year has elapsed from the date of 
application of the definitive countervailing measures. Such request shall be directed to the Ministry and contain sufficient evidences and reasons for the necessity of an interim review.  
 
2. The interim review shall be initiated if such  request contains the sufficient evidences that:  
 
 1.  continuation of application of the countervailing measures is reasonable for elimination of 
a prohibited subsidy;    2.  continuation and/or recurrence of injury would not be likely lead to, if application of the 
countervailing measures be nullified or varied;  
  3.  the applied countervailing measures are and shall not be sufficient to eliminate a 
prohibited subsidy and injury.  
 3. Where the amount of an imposed duty is lowe r than the amount of a prohibited subsidy, the 
Commission shall authorize the Ministry to initiate interim review of the countervailing measures, 
only if the national producer provides the Ministry with sufficient evidences that a countervailing duty would be not likely to lead or would lead to insignificant changes in prices of the product 
imported to Ukraine for resale. If, during the revi ew of application of the countervailing measures, 
it has been confirmed that the national produc er provided sufficient evidences thereof, the G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Commission may decide to increase the rate of a countervailing duty to remedy (safeguard 
against) injury, provided that increase of the co untervailing duty would not exceed the amount of 
the prohibited subsidy.   
4. In the course of an anti-subsidizing investigation, carried out pursuant to the provisions of 
this Article, the Ministry shall analyze whether:   
 1.  the circumstances of subsidization and injury have been significantly changed;  
  2.  the applied countervailing measures ha d the desired effect and whether the injury, 
earlier established pursuant to the provisions of the Article 13 of this Act, has been eliminated.  
 
5. In its decision, the Commission shall take into account all duly substantiated evidences with regard to the review in question.  
 
Article 24. Accelerated review of the countervailing measures 
 
1. An exporter importing the products to Ukra ine, where a definitive countervailing duty is 
imposed thereon, who has not been separately subject to primary anti-subsidizing investigation for the reasons other than refusal to cooperate with the Ministry, shall have the right to apply to the Ministry with the request to initiate the review of the countervailing measures on an accelerated 
basis for the purpose of establishing by the Ministry and Commission the rate of the definitive 
countervailing duty for the exporter in question.   
2. The Ministry shall carry out the review of the countervailing measures on an accelerated 
basis, if at the extraordinary hearings the Co mmission decides to initiate such review and 
considers the comments presented by the interested Ukrainian producers.  
 
3. In the course of the review of the countervailing measures on an accelerated basis the Ukrainian producers shall have an opportunity to direct to the Ministry their comments on whether such review is reasonable or not.  
 
4. By the decision of the Commission on initiati on of the review of the countervailing measures 
on an accelerated basis the interested exporter, who is subject to such review shall be exempt 
from the effective countervailing duty and mandatory registration of contracts for the products 
imported to Ukraine pursuant to the Article 27 of this Act for the purpose of retroactive imposition of the countervailing duty of the date of initiation of the review, if it has been proved that the 
subsidized imports existed with regard to the exporter in question.  
 5. The provisions of this Article shall not apply if the countervailing duty is levied in the sense of the paragraph six of the Article 19 of this Act.  
 
Article 25. Reimbursement a countervailing duty  
1. An importer has the right to request a countervailing duty to be reimbursed, if he provides 
the sufficient evidences and the Commission dete rmines that the amount of the prohibited 
subsidy, pursuant to which the rate of the counter vailing duty is calculated, has been decreased to 
zero or to the level, which is lower than the value of the preliminary calculated amount of a 
prohibited subsidy, pursuant to which a countervailing duty has been imposed thereon.   2. For the purpose of reimbursement of the paid  countervailing duty, an importer shall direct 
an appropriate application to the Customs. This application shall contain information on customs 
bodies, which carried out customs clearance of the products, on which the countervailing duty has been imposed. Attached to an application shall be documents confirming imports to Ukraine, 
customs clearance of the products and payment of a countervailing duty within six months of the 
date of the decision been made by the Commissio n on imposition of the definitive countervailing 
duty or of the date when the final decision on payment of the amounts, which secure payments of 
the provisional countervailing duty, has been made.  
  The Customs shall immediately forward to the Ministry the originals of such application and enclosures and direct their appropriate copies to the Commission and the Ministry of Finance of 
Ukraine.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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3. An application for reimbursement of the paid amount of the countervailing duty shall be duly substantiated, provided that it submits accurate information on the paid amounts of the countervailing duty and supported by all custom s documents with regard to settlements and 
payments of such amounts. An application shall also justify the accuracy in determination of the 
amount of a prohibited subsidy for the exporters and importers, who have paid the countervailing duty within the term laid down in the paragraph two of this Article.  
 
 If an importer is not related to an exporter or producer of the product in question and there 
is no possibility to use promptly available information laid down in paragraphs two and three of this Article, or an exporter or producer refuse  to provide such information to an importer, an 
exporter or producer shall provide in their appl ication sufficient evidences that the amount of a 
prohibited subsidy has been decreased or removed pursuant to the provisions of this section, and sufficient evidences that would confirm such justification.  
 
4. On recommendation of the Ministry the Commission shall review the application along with the determinations of the Customs and the Ministry of Finance of Ukraine and make decision on to 
what extent it should be satisfied or whether to be satisfied at all. To this end the Commission may 
decide to initiate the interim review of the countervailing measures. Information and determinations derived thereof and established purs uant to the applied regulations shall be used 
by the Commission for the purpose of establishment of justification of the application and the 
amount of the countervailing duty to be reimbursed.  
 5. The decision on reimbursement of the amount  paid in excess to actual fixed value of the 
countervailing duty shall be made by the Commission normally within nine months but not later 
t h a n  f i f t e e n  m o n t h s  o f  t h e  d a t e  o f  s u b m i s s i o n  b y  a n  i m p o r t e r ,  w h i c h  p r o d u c t  i s  s u b j e c t  t o  imposition of the countervailing measures, an app lication for reimbursement of the paid amount of 
the countervailing duty. The reimbursement of th e above amounts shall be carried out by the 
Ministry of Finance of Ukraine within 90 days of the date of making appropriate decision by the Commission.   
 If the interested importer has not completed execution of documents for reimbursement of 
the paid amount of the countervailing duty within the terms specified in this paragraph, the amount in question shall not be reimbursed.  
 
Section VIII. IMPOSITION OF THE COUN TERVAILING DUTY. GENERAL AND SPECIAL 
PROVISIONS 
 
1. A countervailing duty imposed within the meaning of this Act may be extended to the import of the like products from the third countries, if the refusal to pay a countervailing duty has been established.  
 
 Any changes in the structure of trade between Ukraine and other countries that have taken place in the course of transactions and/or activi ties of the foreign producers, exporters and/or 
importers, etc., shall be treated as a refusal to pay a countervailing duty. Such changes shall (with 
exception of cases where the countervailing du ty is levied) be treated as insufficiently 
substantiated or economically unjustified proving that:  
 
- imposition of a countervailing duty may be ne utralized by prices and/or volumes of the like 
product;  - the like product imported to Ukraine, and/or a portion of such product continue to enjoy 
benefits out of a prohibited subsidy.  
 2. Where an interested party (applicant or executive body of the Ukrainian 
government) assumes the existence of a refusal to pay a countervailing duty it shall provide to the 
Ministry an application setting out sufficient evidences of the fact thereof pursuant to the paragraph one of this Article.  
 
3. Upon receipt of an application, provided purs uant to paragraph two of this Article, and on 
the basis of an appropriate decision of the Commission, the Ministry shall carry out an investigation of the facts of a refusal to pay a countervailing duty. In the aforementioned decision 
the Commission shall authorize the Ministry to apply:  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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 1.  mandatory registration and filing of the contracts pursuant to the paragraph four of the Article 27 of this Act, under the provision of which the importation of products to Ukraine is carried out;  
 
 2.  deposition by a supplier of an appropriate amount. Deposits may be made at the place of customs clearance of the imports introduced to co mmerce of Ukraine, which is subject to the anti-
subsidizing investigation. A procedure of deposits shall be established by the Customs.  
  The appropriate procedure and provisions of th is Act shall be applied to performance of an 
anti-subsidizing investigation except those relating to the time-limits of such investigation. The 
investigation in question shall be carried out by the Ministry with participation of the Customs and 
shall be concluded within the term of nine months.   
4. If the Ministry has established the existence of the facts of refusal to pay a countervailing 
duty, the Commission, on recommendation of the Mini stry, may decide by simple majority vote to 
apply the countervailing measures. Such measures shall be applied from the date of making of the 
appropriate decision pursuant to the paragraph three of this Article.  
 5. Where the imports to Ukraine is carried out und er a license of the Ministry certifying that 
such imports do not lead to refusal to pay a countervailing duty, no countervailing measures shall 
be applied thereto, nor to the contracts, under which such importation is carried out, shall be 
applied a mandatory registration pursuant to para graph four of the Article 27 of this Act. The 
license shall be issued by the Ministry to an im porter on his application and under the appropriate 
decision made by the Commission. Such license shall be issued for the certain period of time and 
under conditions illustrated above.   
6. The measures applied within the meaning of this Article shall not hinder the procedure of 
customs clearance of the product, which is subject to the anti-subsidizing investigation.  Article 27. Countervailing duty. General provisions 
 
1. A preliminary or definitive countervailing duty shall be levied at the rate and under the terms established in the appropriate decision  of the Commission on application of the 
countervailing measures. A duty in question shall be levied on the certain imports introduced to 
commerce of Ukraine, irrespective of payment of other taxes or charges (mandatory payments) including duties, which are normally collected at the time of importation of certain 
categories of goods into the customs territory of Ukraine.  
 
(paragraph one of part one of Article 27 is amended pursuant 
to the Law of Ukraine of 13 March 2012 N 4496-VI) 
 
 The countervailing and anti-dumping duties shall not be simultaneously levied on the imports of a single supplier.  
 
2. The Ministry shall give a public notice in the newspaper on the appropriate decisions to impose the provisional or countervailing measures, on acceptance of an exporter's undertakings to 
terminate the subsidized imports or on terminat ion of the anti-subsidizing procedure or anti-
subsidizing investigation without application of the countervailing measures. For the purpose of adherence to the requirements for the protection of  confidential information, such decision shall 
identify the names of the exporters if practicable,  the names of the countries, a description of the 
product pursuant to the Harmonized system of inventory and codification of the product (with the 
specificity of application of such system in Uk raine accounted), a summary of the facts and basic 
determinations of the existence of the prohibited subsidization and injury. A copy of such decision 
shall be provided to all interested parties.  
  Provisions of this Article shall be also applied to the review of the countervailing measures.  
 
3. For the purpose of protection of the national  interests, the application of the countervailing 
measures pursuant to this Act, may be suspended by a decision of the Commission made by a simple majority vote for the period of nine months . This term may be extended to one year, if the G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  appropriate decision is made by a qualified majo rity vote. The application of the countervailing 
measures may be suspended pursuant to existence of the following conditions:    1.  economic conditions temporarily vary so, that the suspension of application of the 
countervailing measures would likely lead to no recurrence of the injury;  
  2.  the national producer has been given an opportunity to submit his comments pursuant to 
the suspension of application of the countervailing measures;  
  3.  the comments presented by a national producer have been reviewed by the Commission.   
 The effect of the countervailing measures may be recurred by the decision of the 
Commission, provided that their suspension has b een unjustified. To this end the interested party 
shall have the right to provide the Ministry with appropriate comments to be accounted therein. 
The appropriate decision thereon shall be made by the Commission on recommendation of the 
Ministry.   
4. The appropriate decision pursuant to application of registration of contracts, under 
provisions of which the imports is introduced to commerce of Ukraine, including mandatory registration of the products pursuant to the provisions of this Act, shall be made on recommendation of the Ministry at the extraordinary hearings of the Commission. The Ministry 
shall give such recommendation, if the substantiated application (claim) of the interested party, 
central body of the executive authority of Ukrain e or the national producer has been submitted 
thereto.  
 
 Upon acceptance of the application (claim) the Ministry shall review, within five days of the date of acceptance, all information and evidences contained therein for the purpose to determine 
whether such information and evidences have b een sufficient for the Commission to make the 
appropriate decision. If the Ministry establishe s that provided information and evidences are 
sufficient and substantiated, the Commission at its hearings, on recommendation of the Ministry, may decide to apply registration of contracts, under provisions of which the imports is introduced 
into commerce of Ukraine, including their mandatory registration pursuant to the provisions of this 
Act.   
 Pursuant to the decision on application of such  registration and after the decision in question 
comes in force, the countervailing measures shall be applied to the imports introduced to commerce of Ukraine under contracts registered in the Ministry.  
 
 The decision on registration of the contracts, under which the imports is introduced into commerce of Ukraine, shall identify an appropriate object of registration and if practicable, the 
approximate rate of a countervailing duty calculated  for the purpose of possible imposition of such 
duty in the future. A duty value of the product shall be calculated pursuant to the basic conditions 
of the delivery CIF-the boarder of Ukraine.   
 The term of application of mandatory registration of the contracts, under which the imports 
is introduced into commerce of Ukraine, shall not ex ceed nine months of the date of application.  
 
 The importation of the products to the customs territory of Ukraine under the contracts to be 
registered, shall be effected, if the license for the imports, issued by the Ministry and documents confirming transference of the appropriate sum of money on deposit, have been produced. The 
money can be placed on deposit at the place of customs clearance of the product imported to 
Ukraine under the contracts registered pursuant to the established procedure therein. In some 
cases payment of the countervailing duty by an importer may be executed in bonds.   
5. If the import, which is subject to application of the countervailing measures, is introduced 
into commerce of Ukraine for the use of the Ministry  of Defence of Ukraine, such imports shall be 
released from a countervailing duty, provided that the Commission has made an appropriate 
decision thereon and where the importation is effected under the contracts registered pursuant to 
the paragraph four of this Article.   6. Once in a quarter of a month the Customs shall inform the Ministry and the Commission on 
the volume of the imports under anti-subsidizing investigation or where the countervailing G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  measures are applied thereto, and on the amount of a countervailing duty levied pursuant to the 
appropriate decision of the Commission.   Article 28. Verification of information in other territories 
 
1. If required, the Ministry may carry out verification of information in the territory other than Ukraine for the purpose of:  
 
 1.  examination of book-keeping records of  the importers, exporters, producers and 
corporations (associations), trade organization, physical entities, etc.;   
 2.  analysis of accuracy of the information of the existence of subsidization and injury, 
provided in the course of the investigation.   
2. If required, the Ministry may carry out verifications or investigations in other countries 
provided that:   
 1.  the interested party so agrees;  
  2.  the appropriate competent authorities has been notified by the Ministry;   
 3.  the interested parties or the appropriate competent authorities, so notified, do not object 
thereto.   
 If the interested party so agreed, the Ministry shall notify the competent authorities of the 
name and address of an enterprise to be investigated and proposed terms thereof.  
 
 If the interested party does not so agree, the investigation may be not carried out pursuant 
to the proposed terms. To this end the appropri ate provisions of the Article 30 shall apply.  
 3. The interested parties shall be notified of the list of documents to be verified and other 
information to be provided in the course of investigation. The Ministry shall have the right to 
require, in the course of investigation, a provision of more detailed information from the interested party if the necessity arises.  
 
4. In the course of the investigation and verifica tion of the available information, the Ministry 
may apply to the members of the Commission for providing the assistance in this respect.  
 
Article 29. Selective methods of anti-subsidizing investigation 
 1. Where the number of the applicants, export ers or importers (hereinafter referred as the 
parties), nature of products or respective transactions is too great, the Ministry may be confined 
to:   
 1.  moderate number of the parties, nature of product or transactions making use of 
statistically justified selection pursuant to available information;   
 2.  the greater volumes of production, sale or exports that may be investigated within the 
terms specified by this Act or established by the Commission if required.   2. A definitive selection of the parties, nature of  products or transactions for making use of the 
selective methods of an anti-subsidizing investigation shall be made by the Ministry. After 
consultations held with the interested parties, or  where the latter so agreed, the priority shall be 
given to an appropriate selection thereof, pr ovided that the interested parties has:  
 
 1.  informed the Ministry on their interest therein pursuant to the paragraph fourteen of the Article 15 of this Act;  
 
 2.  for the purpose of making an appropriate selection, provided the accurate and adequate information to the Ministry within three weeks of the date of the initiation of the anti-subsidizing investigation.  
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  3. If the Ministry is making use of the selective methods in the anti-subsidizing investigation 
within the meaning of this Article, the individual amount, that equals to the amount of the prohibited subsidy, shall be calculated for the ex porter or producer, which has not been selected 
before, and the appropriate information shall be provided within the time-limits laid down in this 
Act, except in cases, where the number of the exporters or producers is so significant that any 
verification of those values for a separate exporter or producer would highly complicate the performance of an anti-subsidizing investigatio n, hinder the procedure of termination of the 
investigation in question and making appropriate decision on the application of the countervailing 
measures.   4. Where the Ministry has decided to apply of a selective method in an anti-subsidizing 
investigation and all selected parties or some of them refuse to cooperate with the Ministry, which 
sufficiently affects the results of an anti-subsidizing investigation, the Ministry may use another selection. Where the interested party refuses to cooperate with the Ministry and there is no 
enough time to make use of another selection, th e appropriate provisions of the Article 30 of this 
Act shall apply.   
Article 30. Refusal to cooperate with the Ministry 
 1. In cases, where any interested party refuses access to, or otherwise does not provide needed information within the time-limits laid down in this Act, or significantly impedes the 
investigation, the preliminary and final, whether affirmative or negative, determinations of the 
immediate application of the countervailing measures  may be made by the Ministry on the basis of 
the facts available. If during the anti-subsidizing investigation the Ministry establishes that any 
interested party has provided inaccurate or erroneous information the Ministry may:  
  1.  ignore such information;  
 
 2.  notify the interested parties of the consequences of refusal to cooperate with the Ministry.   
2. The absence of a response from a supplier of the information in question shall not be 
considered as refusal to cooperate with the Ministry, if the interested party could justify that such responses in the forms established by the Ministry  would be likely lead to extra incidental and 
excess expenses.  
 3. If the information provided by the interested party is incomplete, the Ministry shall take it 
into account provided that:  
  1.  such incompleteness does not hinder the adequate determinations to be made by the Ministry;  
 
 2.  such information has been provided to th e Ministry within the appropriate time-limits;  
 
 3.  such information is acceptable for verification;  
  4.  the interested parties that provided such information have been acting conscientiously 
and within their capabilities.  
 4. If the Ministry ignores provided evidences or information, the interested party shall be immediately notified of the reasons of non-acceptance of such information and given an 
opportunity to provide additional comments within the specified time-limits. Where such comments 
have been treated as insufficient, the reasons fo r non-acceptance of the aforementioned evidences 
or information shall be directed to an appropriate interested party and described in determinations 
to be published in the newspaper.  
 5. Where determinations, including those related to a prohibited subsidy, have been made 
pursuant to the paragraph one of this Article,  especially those made on the basis of the 
information provided in the respective application, the information in question shall be verified within the established time-limits of an anti-subsidizing investigation, if practicable, making use, during the course of the investigation, of the information provided to the Ministry by other 
available independent sources and/or other interested parties relating to:  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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 1.  published list of prices;    2.  statistical reports and customs statistical accounting maintained by the government of 
the respective country.  
 6. If the interested party refuses to cooperate with the Ministry completely or partially and the 
relevant information pursuant to anti-subsidizing information is not provided thereto, the results of 
such investigation may be less favourable where the party does not refuse to do so.   Article 31. Confidentiality 
 
1. Any information which is by nature confidential (for example, because its disclosure would be of significant competitive advantage to a competitor or because its disclosure would have a 
significantly adverse effect upon a party supplying the information or upon a party from whom the 
supplier acquired the information, etc.), or which is provided on a confidential basis by parties to an anti-subsidizing investigation shall, upon good cause shown, be treated as such by the Ministry.  
 
2. The Ministry shall require interested parties providing confidential information to furnish non-confidential summaries thereof. These summaries shall be in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence. In 
exceptional circumstances the interested parties may indicate that such information is not 
susceptible of summary. In such exceptional ci rcumstances, a statement of the reasons why 
summarization is not possible must be provided.  
 
3. If the Ministry or interested party find that a request for confidentiality is not warranted and if the supplier of the information is either unwilling to make the information public or to authorize 
its disclosure in generalized or summary form, the Ministry or interested party may disregard such 
information unless it can be demonstrated to their satisfaction from appropriate sources that the information is correct.   
4. The provisions of this Article do not impede the Ministry or Commission to disclose general 
information, for example legal justification of the decisions made pursuant to this Act, or to disclose evidences pursuant to which the Ministry or the Commission made the appropriate 
decisions. Where such information is disclosed th e lawful interests of the interested parties, 
pursuant to non-disclosure of their confidential and/or states secret, shall be taken into account.   
5. The Ministry, Commission or their respective officers must not disclose the information 
obtained pursuant to the provisions of this Act without permission given by a person, who has supplied such information, if such person insists on a confidentiality of the information in question. The information exchanged between the Ministry and Commission, information on the hearings of 
the Commission or official documents of the Ministry or Commission relating to an anti-subsidizing 
investigation must not be disclosed except in cases illustrated in the provisions of this Act.   
6. The information, obtained pursuant to the provisions of this Act, shall be used only for the 
purpose it has been provided for.   
7. The right to have access to the confidential information, which pursuant to the provisions of 
this Act is supplied by the interested party or by the Ministry in the course of the anti-subsidizing 
procedure or investigation, shall have the citizens of Ukraine i.e. the legal advisers or attorneys acting on behalf of the interested party.  
 
 The Ministry shall keep records of the physical  persons, who have access to the confidential 
information and reject the access to the confidential information if establishes that the person has 
disclosed the confidential information within the meaning of this Act.  
 Article 32. Final provisions 
 
1. The interested parties shall have the right to submit a request for the information to be provided pursuant to the facts and determinations, according to which the provisional and countervailing measures have been applied. Where the countervailing measures have been G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  applied, the written request to provide such in formation shall be served on the Ministry. The 
Ministry shall give written answer as quickly as possible.   2. The interested parties may submit a request for providing them with the final information 
pursuant to the facts and determinations, according to which the Ministry has recommended to 
apply the definitive countervailing measures, suspend or terminate the anti-subsidizing investigation without application of the countervailing measures. To this end the Ministry shall pay 
special attention to the information, facts and determinations, which differ from those information, 
facts and determinations, pursuant to which the decision on application of the provisional measures has been made.   
3. A request for the final information, illustrated in the paragraph two of this Article, shall be 
served on the Ministry in writing. In cases, where the provisional countervailing measures have been applied, such requests shall be served on the Ministry and other interested parties not later 
than one month of the date of a public notice  on the decision to apply the countervailing 
measures. Where the provisional measures have not been applied, the interested parties shall have an opportunity to submit a request for providing them with the final information within time-
limits specified by the Ministry.  
 4. The Ministry shall provide the final information in writing. The information with the accounted requirements to protection of the conf identiality shall be normally delivered not later 
than one month prior to the date of making the final decision by the Commission or to the date of 
submission by an interested party its final proposition within the meaning of the Article 19 of this Act. If the Ministry and/or Commission fail to provide the information, facts or determinations 
immediately, those information, facts or determinations shall be provided to the interested party 
later as quickly as possible. Delivery of the information shall not impede to making further decisions by the Ministry or Commission. Where such decision is based on the facts and 
determinations other than those provided in the preliminary information, such information, 
pursuant to existence of new facts and determinations, shall be directed to the interested parties as quickly as possible.   
5. Any comments of the interested parties, being supplied after the final information has been 
provided, shall be accounted if received by the Ministry within the terms specified for each separate case but not exceeding ten days.  
 
6. The information, documents and comments to be provided to the Ministry by one of the 
interested parties in the course of the investigation carried out in accordance with the provisions of 
this Act, shall be also supplied to other interest ed parties. Where such information, documents and 
comments are supplied only to the Ministry and not supplied to other interested parties, such information, documents and comments must not be accounted in the course of investigation.   
Article 33. Notification of the competen t authorities of the interested country 
 1. The Ministry of Foreign Affairs of Ukraine sh all notify the competent authorities, interested 
parties of all decisions of the Commission on the investigations carried out pursuant to the 
provisions of this Act.   
2. A note of initiation of an anti-subsidizing investigations served on the competent authorities 
of an interested party shall have an adequate information on the following:    1.  the name of the country (countries) of origin and/or exports and products involved;  
 
 2.  the date of initiation of an anti-subsidizing investigation;   
 3.  a description of the subsidy practice or practices to be investigated;  
  4.  a summary of the factors, on which the allegation of injury is based;  
 
 5.  the address, to which the comments of the interested parties should be directed;    6.  the time-limits established in the appropriate decision of the Commission, which allow 
interested parties to direct their comments.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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3. Pursuant to the paragraph one of this Article,  the Ministry of Foreign Affairs of Ukraine shall 
notify the competent authorities of the interested country of:   
 1.  affirmative or negative preliminary or final determination of the existence of an 
actionable subsidy and injury;   
 2.  a decision to accept an undertaking of an exporter pursuant to Article 18 of this Act to 
terminate imports subsidization;    3.  the termination of such undertaking or nulli fication of the definitive countervailing duty.  
 
 A detailed report shall be attached to each such note or a note shall have the detailed determinations of the Commission.  
 
4. The provisions of this Article, along with  the appropriate amendments thereof, shall be 
applied to initiation and termination of the reviews carried out pursuant to the Articles from 21 
to 25 of this Act, and to the decisions on recu rrence of imposition of the countervailing duty 
pursuant to the Article 20 of this Act.   Article 34. Correction of errors made by the performers 
 
1. The errors made by the performers in mathem atical, typing, copying, duplicating or the like 
operations or other unpremeditated technical errors, the Ministry refers to the mistakes made by 
the performers, shall be corrected.  
 2. Where the interested party makes the application on allegedly made error, the Ministry may 
direct to the interested parties the calculations, on the basis of which the final decision on 
imposition of the countervailing duty or review of the countervailing measures shall be made.   3. The written application, pursuant to the paragr aph two of this Article, shall be directed by 
the interested party to the Ministry within five working days of the date of delivery the appropriate 
information to the interested party pursuant to th e provisions of the Article 32 of this Act. The 
interested party may direct to the Ministry its comments setting out newly found errors that have 
been made by the performers.  
 4. The comments, laid down in the paragraph three of this Article, shall be submitted within 
five working days of the date of delivery of the ca lculations, if the Ministry would not extend this 
term pursuant to the written application thereof to be submitted within five working days of the date of delivery of the calculations justifying reasons for the time-limit to be extended.   
 Such comments shall be submitted to the Ministry and to all interested parties in writing. 
The interested parties may give response to the comments submitted pursuant to the provisions of this Article. The response shall be filed by the Ministry within five working days of the expiry date 
of submission of such comments, if the Ministry would not extend the time-limits on the basis of 
the written application made by the interested party, which should be submitted within five working days of the date of delivery of the relevant calculations justifying reasons for the time-
limit to be extended.  
 5. The Ministry shall analyze and verify the co mments submitted pursuant to the provisions of 
this Article and, if required, correct errors made  by the performers, make amendments in the draft 
final resolution on imposition of the countervailing duty or the draft resolution on the review of the 
countervailing measures. The Ministry shall notify the interested parties of introduction of such amendments. The introduction of amendments, pursuant to correction of errors made by the 
performers, shall not be treated as amending draft resolution of the Ministry or the Commission on 
payment of the countervailing duty or the review of the countervailing measures.   
Article 35. Factors of the national interest 
 1.  The determination, whether the national interests require imposition of the countervailing measures, shall be based on the estimation of all interests including the interests of the national 
producers and consumers, effect of the subsidiz ed imports on employment of the population, G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  investments of the national producers and consumers, international economic interests of Ukraine. 
Such determination shall be made, pursuant to the provisions of this Article, provided that all interested parties have been given an opportunity to express their views pursuant to the paragraph two of this Article. To this end especial attention shall be paid to elimination of the 
effects of disproportion in the trade turnover caused by the prohibited subsidization, which cases 
injury and promotes recurrence of competition.   
 The countervailing measures, illustrated pursuant to the facts of subsidization and injury 
established in the course of the anti-subsidizing investigation, may not apply, where the Commission, taking into account all provided information, on recommendation of the Ministry, makes accurate determination that application of the countervailing measures contradicts to the 
national interests.  
 2. The applicants, importers, their corpor ations (associations), consumers and their 
organizations may express their views within the time-limits specified in the notice on initiation of 
an anti-subsidizing investigation, and submit to the Ministry the comments as to whether application of the countervailing measures answers the national interests to be accounted in the 
appropriate decision of the Commission.  
  The Ministry may direct such information or an appropriate summary to other interested parties described in the provisions of this Article, who may submit their comments in this respect.  
 
3. The interested parties may require the hear ings to be summoned by the Ministry. Such 
requirements shall be satisfied, if provided to the Ministry in writing within the time-limits 
established in the notice on initiation of the anti-subsidizing investigation, or, if from the point of 
view of the national interests, they have any specific reasons for holding the hearings at the Ministry.  
 
4. The interested parties may submit to the Ministry their comments pursuant to the Commission's decision on imposition of the provisional countervailing duty. The Ministry may account such comments, if submitted to the Ministry  within one month of the date of application of 
the provisional measures and may, if required, direct them in a form of an appropriate summary to 
other interested parties that may also submit their comments thereon.   
5. The Ministry shall examine the information prov ided by the interested party pursuant to the 
paragraph two of this Article and determine as to what extent such information is representative. The results of such examination and the appropri ate decision on justification thereof shall be 
submitted to the Commission. The summary of de terminations of the Commission's members, 
which has been reviewed at the hearings of the Commission, shall be accounted by the Ministry in its recommendations to be submitted to the Commission pursuant to the provisions of the Article 19 of this Act.  
 
6. The interested parties may require to be provided with the facts and determinations, 
pursuant to which the final decisions of the Commission have been made. The Ministry may 
provide such information, if it would not later impede the Ministry or Commission to making the 
appropriate decisions.   
7. The information submitted, pursuant to the provisions of this Article shall, be accounted, 
provided that it has been substantiated by the evidences justifying its impeccability under the 
requirements of this Act.   
Article 36. Specificity of application of the countervailing measures to the imports of the 
developing countries  
1. Any countervailing measures shall not be applied to the imports of the developing countries 
– members of WTO provided that:   
 1.  such imports enjoys the benefit derived from an actionable subsidy, which in law or in 
fact affects the results of exporting transactions including those laid down in the Annex 1 to this Act;   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   2.  the above countries are the least developed countries – Members of WTO, where GNP 
per capita per year amounts to $1000.   2. The list of the countries described in paragraph one is illustrated in the Annexes 5 and 6 to 
this Act.  
 3. The amendments to the list of the countries, illustrated in the Annexes 5 and 6 to this Act, 
may be introduced twice a year on recommendation of the Ministry and pursuant to the 
information of the Organization of the United Nations and the World Bank.   Article 37. Enactment of the Commission, Ministry and Customs 
 
 The Commission, Ministry and Customs may, pursuant to carrying out the investigation under the provisions of this Act and within their competence, adopt the appropriate enactment. 
Such acts shall come in force within the time-limits established therein, if not otherwise provided 
by the Act, but not prior to the date of the thei r publishing in the newspaper or otherwise giving 
public notice to the interested parties and shall be mandatory for execution.  
 
 The Commission shall provide explanation and interpretation for the provisions of this law to apply.   
Article 38. Procedure of enactment 
 1. This law shall be in effect as of 30 days from the date of publishing.  
 
2. The provisions of the sub-paragraph 2 of para graph four of the Article 2, paragraph six of 
the Article 15, sentence three of paragraph ten of  the Article 15, sentence two of paragraph four 
and sub-paragraph 2 of paragraph five of the Articl e 19 of this Act shall be applied of the date of 
Ukraine joining GATT and WTO under established order.   3. The sub-paragraph 2 of paragraph five of the Article 19 of this Act shall cease to be effective 
ten years after the Agreement 1994 on the World organization of trade has come into force.  
 4. The sub-paragraphs from 1 to 3 of paragraph five of the Article 19 of this Act shall not apply 
to the civil aircraft under the provisions of the Agreement 1979 on civil aircraft trade 
(BISD 26S/162).   
5. The sentences two and three of paragraph thr ee and the sentence two of paragraph five of 
the Article 17, the Articles 32 and 34 of this Act shall not apply to the interested parties and/or competent authorities of the exporting countri es unless the competent authorities of such 
countries, which are involved in the anti-subsidizing investigation pursuant to the Ukrainian 
imports, would grant similar rights to the Ukrainian interested parties illustrated in the 
Articles 17, 32 and 34 of this Act.   
6. The laws and other standard and legal enactment of Ukraine shall apply if not in conflict with 
the provisions of this law.   
 
 President of Ukraine      L. KUCHMA Kyiv 
22 December 1998 
No. 331-XIV  
 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  ANNEX 1 
TO THE LAW OF UKRAINE "ON PROTECTION OF  NATIONAL INDUSTRY AGAINST SUBSIDIZED 
IMPORTS" OF 22 DECEMBER 1998 NO. 331 - XIV 
1. Interpretation of the terms and expressions la id down in the Annexes to the Law of Ukraine 
"On Protection of National Industry Against Subsidized Imports".  
  For the purpose of the Annexes to the Law of Ukraine "On Protection of National Industry 
Against Subsidized Imports":  
  1.  direct taxes shall mean taxes on wages, pr ofits, real estate, interests, rents, royalties, 
loans and all other forms of income, and taxes on the ownership of real property;  
 
 2.  import charges – mandatory payments in the event of import, including import duty, other taxes, charges and mandatory payments administered in the event of import of goods, 
works and services; 
 
(clause 2 of Section І is amended pursuant to Law of Ukraine of 13 March 2012 N 4496-VI) 
 
 3.  indirect taxes shall mean sales, turnov er, value added, franchise, transfer, estate, 
ownership transfer, input and equipment taxes, ex clusive right and privilege, and excise, stamp, 
boarder taxes and all other taxes other than direct taxes and import charges;  
 
 4.  prior stage indirect taxes are those levied on goods and services used directly or indirectly in making the product;  
 
 5.  cumulative indirect taxes are multi-staged taxes levied where there is no mechanism for subsequent crediting of the tax if the goods or se rvices subject to tax at one stage of production 
are used in a succeeding stage of production;  
  6.  exemption of an exporter from taxes by the government shall mean the full or partial 
exemption or deferral of import charges;  
 
 7.  remission shall mean the full or partial refund or rebate of taxes on import or freight traffic refunded by the government to en exporter under investigation;  
 
 8.  stamp tax shall normally mean a duty of exporting country;   
 9.  transfer shall mean payments (or transfer  of the property, works or services) for which 
the payer does not directly receive goods, works or service;    10.  national shall mean relation to the exporting country;  
 
 11.  commercially acceptable conditions shall mean freedom of choice between national and imported product where this choice is actually fr ee and depend only on trade criteria, for example 
demand and offer in the national market;  
  12.  inputs used in production shall be treated as those physically incorporated and present 
in the product exported, i.e. energy, fuel and o il used in the process of production including 
catalysts consumed thereof to make such product;    13.  waste shall mean a portion of a given input which does not serve an independent 
function in the production process, is not consumed  in the production of the exporting product (for 
reasons such as inefficiencies), and is not recove red, used nor sold by the same manufacturer;  
 
 14.  basic period shall mean the fixed period of time within which the received information is 
treated as representative and basic for estimation of the measures of national support of the producers of the farm products pursuant to the Annex 4. For the countries members of GATT/WTO 
the basic period shall be established pursuant to  international and legal enactment of GATT/WTO;  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   15.  raw materials shall mean the products of agriculture, forestry or fishery, or natural raw 
materials or those processed to be sold on international markets in large amounts.   
2. Illustrative list of export subsidies 
 
 Export subsidies may be granted as follows:   
1. The provision by governments of direct subsidie s to an enterprise or an industry contingent 
upon export performance.   2. Currency retention schemes or any similar practices which involve a bonus on exports.  
 
3. Internal transport and freight charges on export shipments, provided or mandated by governments, on terms more favourab le than for domestic shipments.  
 
4. The provision by governments either direct ly or indirectly through government-mandated 
schemes, of imported or domestic products (services) for use in the production of exported goods, 
on terms or conditions more favourable than for provision of like or directly competitive products 
(services) for use in the production of goods for domestic consumption, if (in the case of products) such terms or conditions are more favourable than those commercially available on world markets to their exporters.  
 
5. The full or partial exemption, remission, or deferral specifically related to exports, of direct taxes or social welfare charges paid or payable by the exporters, importers or producers upon 
export operations. The deferral of charges may not deemed to be a subsidy where interest is paid 
on such payments.   
6. The allowance of special deductions directly related to exports or export performances, over 
and above those granted in respect to production for domestic consumption, in the calculation of the base on which direct taxes are charged.   
7. The exemption or remission in respect of the production and distribution of exported 
products, of indirect taxes in excess of those levied  in respect of the production and distribution of 
like products when sold for domestic consumption.  
 
8. The exemption, remission or deferral of prior stage cumulative indirect taxes on property (goods) and services used in the production of exported products in excess of the exemption, 
remission or deferral of like prior stage cumulative  indirect taxes on property (goods) and services 
used in the production of like when sold for domestic consumption.    The exemption, remission or deferral of prior stage cumulative indirect taxes shall not be 
treated as a subsidy provided that such exemption, remission or deferral have been levied on 
exported products where:   
 1.  such products are not the like products produced and distributed to be sold for domestic 
consumption;   
 2.  the prior stage cumulative indirect taxes are levied on inputs that are consumed in the 
production of the exported products (including normal allowance for waste).    The provisions of this subparagraph shall apply pursuant to the provisions of the Annex 2.  
 
 The provisions of this subparagraph shall not apply to added value and boarder taxes that substitute the provisions in question.  
 
9. The remission or drawback of import charges in excess of those levied on imported inputs 
that are consumed in the production of the exported product (making normal allowance for 
waste); provided that imported inputs are consumed in the production of the product when sold 
for domestic consumption.    In particular cases the national producer may use a quantity of home market inputs equal 
to, and having the same quality and characteristics as, the imported inputs as a substitute for G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  them in order to benefit from this provision if the import and the corresponding export operations 
both occur within a reasonable time period, not to exceed two years.  
  The provisions of this subparagraph shall apply pursuant to the Annexes 2 and 3.  
 
10. The provision by governments (or special institutions or organizations controlled by governments) of export credit guarantee or insurance programmes, insurance or guarantee 
programmes against increase in the cost of exported  products or of exchange risk programmes, at 
premium rates which are inadequate to cover the long-term operating costs and losses of the programmes.   
11. The grant by governments (or special institutions or organizations controlled by an/or acting 
under the authority of governments) of export cr edits at rates below those which they actually 
have to pay for the funds so employed (or would have to pay if they borrowed on international 
capital markets in order to obtain funds of the same maturity and other credit terms and 
denominated in the same currency as the export credit), or the payment by them of all or part of the costs incurred by exporters or financial institutions in obtaining credits, in so far as they are 
used to secure a material advantage in  the field of export credit terms.  
  If a Member of WTO is a party to an international undertaking on official export credits to which at least twelve original members of WTO as of 1 January 1979 (or a successor undertaking 
which has been adopted by those original members), or if in practice a member applies the 
interest rates provisions of the relevant undertaking, an export credit practice which is in conformity with those provisions shall not be considered an export subsidy.  
 
12. Any other charges on the public account constituting an export subsidy in the sense of the Annex 7.  
 
3. Application of provisions of this Annex   The provisions of this Annex shall apply purs uant to generally recognized principles and 
norms of the international commercial Act in th e sense of agreements and documents of the 
GATT/ WTO.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  ANNEX 2 
TO THE LAW OF UKRAINE "ON PROTECTION OF  NATIONAL INDUSTRY AGAINST SUBSIDIZED 
IMPORTS" OF 22 DECEMBER 1998, NO. 331-XIV 
Guidelines on consumption of inpu ts in the production process.  
 
1. Indirect tax rebate schemes can allow for exemption, of prior stage cumulative indirect taxes levied on inputs that are consumed in the prod uction of the exported product (making normal 
allowance for waste). Similarly, drawback schemes can allow for the remission or drawback of 
import charges levied on inputs that are consumed in the production of the exported product (making normal allowance for waste).   
2. Indirect rebate schemes can constitute pursuant to paragraph eight of the Section II of the 
Annex 1 an export subsidy to the extent that they  result in exemption of prior stage cumulative 
indirect taxes in excess of the amount of such taxe s actually levied on inputs that are consumed in 
the production of the exported product.  
  Drawback schemes can constitute an export subsidy to the extent that they result in 
remission of drawback of import charges in exce ss of those actually levied on inputs that are 
consumed in the production of the exported product.    Both paragraphs eight and nine of the Sect ion II of the Annex 1 stipulate that normal 
allowance for waste must be made in findings regarding consumption of inputs in the production of 
the exported product. Paragraph nine of the Section II of the Annex 1 also provides for substitution where appropriate.  
 
3. In examining whether inputs are consumed in  the production of the exported product, the 
Ministry should proceed on the following basis:  
 
 1.  where it is alleged that an indirect tax rebate scheme, or a drawback scheme, conveys a subsidy by reason of over-rebate or excess drawback  of indirect taxes or import charges on inputs 
consumed in the production of the exported product, the investigating authorities should first 
determine whether the government of the exportin g country has in place and applies a system or 
procedure to confirm which inputs are consumed in the production of the exported product and in what amount;  
 
 2.  where such a system or procedure is determ ined to be applied, the Ministry should then 
examine the system or procedure to see whether it is reasonable, effective for the purpose 
intended, and based on generally accepted commercial practice in the country of export;  
  3.  the Ministry may deem it necessary to carry  out, in accordance with the Article 28 of the 
Act of Ukraine "On safeguards of the national industry against subsidized imports", certain 
practical tests in order to verify information or to satisfy themselves that the procedure is being 
effectively applied;   
 4.  where there is no such system or procedure, or where it is not reasonable, or where it is 
instituted and considered reasonable but is found not to be applied effectively, a further examination by the exporting country based on the actual inputs involved would need to be carried 
out in the context of determining whether an exce ss payment occurred. If the Ministry deemed it 
necessary, a further examination would be carried out in accordance with sub-paragraphs from 1 to 3 of this paragraph;   
 5.  the Ministry should treat inputs as physically incorporated if such inputs are used in the 
production process and are physically present in the product exported. An input need not to be 
present in the final product in the same form in which it entered the production process;  
 
 6.  in determining the amount of a practical input that is consumed in the production process of the exported product, a "normal allowance for waste" should be taken into account. 
Such waste should be treated as consumed in the production of the exported product;  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   7.  the Ministry's determination of whether the claimed allowance for waste is "normal" 
should normally take into account the production process, the average experience of the industry 
in the country of export, and other technical factors, as appropriate.   
 The Ministry should bear in mind that an important question is whether the authorities in the 
exporting country have reasonably calculated the amount of waste, when such an amount is intended to be included in the ta x or duty rebate or remission.  
 
4. The provisions of this Annex shall apply pursuant to the principles and norms of the 
international commercial act within the meaning of the Agreements and documents GATT/WTO.   
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  ANNEX 3 
TO THE LAW OF UKRAINE "ON PROTECTION OF  NATIONAL INDUSTRY AGAINST SUBSIDIZED 
IMPORTS" OF 22 DECEMBER 1998, NO. 331-XIV 
Guidelines in the determinatio n of substitution drawback sy stem of import charges on 
inputs as export subsidy 
 1. Drawback systems can allow for the refund or  drawback of import charges on inputs which 
are consumed in the production process of another product and where the export of this latter 
product contains domestic inputs having the same quality and characteristics as those substituted or imported. Pursuant to paragraph nine of the Section II of the Annex 1 such drawback systems can constitute an export subsidy to the extent that  they result in an excess drawback of the import 
charges levied initially on the imported inputs which drawback is being claimed by an appropriate 
object of economic and trade relations of the ex porting country against the competitive authorities 
of the country in question.  
 
 Pursuant to this Annex imported inputs shall be those of foreign origin.   
2. In examining any substitution drawback sy stem in the course of the anti-subsidizing 
investigation the Ministry should proceed on the following basis:    1.  paragraph nine of the Section II of the Annex 1 stipulates that the home market inputs 
may be substituted for imported inputs in the production of a product for export provided such 
inputs are equal in quantity to, and have the same quality and characteristics as, the imported input being substituted;  
 
 2.  the existence of a verification system an d procedure of drawback of the import charges 
on inputs in the exporting countries is very im portant. Such system and procedure enables the 
government of the exporting country to ensure an d demonstrate that the quantity of inputs for 
which drawback is claimed does not exceed the quan tity of similar products exported, in whatever 
form, and that there is not drawback of import charges in excess of those originally levied on the imported inputs in question;  
 
 3.  where it is alleged that a substitution drawback system conveys a subsidy, the Ministry 
should first proceed to determine whether the government of the exporting country has in place 
and applies a verification system or procedure. Where such a system or procedure is determined 
to be applied, the Ministry should then examine the verification procedures to see whether they 
are reasonable, effective for the purpose intended , and based on generally accepted commercial 
practices in the country of export;  
  4.  to the extent that the procedures are determined to meet this test and are effectively applied, no subsidy should be presumed to exist.  It may be deemed necessary by the Ministry to 
carry out, in accordance with the Article 28 of the Act of Ukraine "On safeguards of the national 
industry against subsidized imports", certain practical tests in order to verify information or to satisfy itself that the verification procedures  of drawback of the import charges are being 
effectively applied;  
  5.  there may be a subsidy where:  
 
- there are no verification procedures of drawback of the import charges;  
- such procedures are not reasonable;  - such procedures are instituted and considered reasonable but are found not to be applied 
or not applied effectively;  
  In such cases a further examination by the exporting country based on the actual 
transactions involved would need to be carried out to determine whether an excess payment 
occurred. If the Ministry deemed it necessary a further examination would be carried out in accordance with sub-paragraphs 3 and 4 of this paragraph.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   6.  the existence of a substitution drawback  provision under which exporters are allowed to 
select particular import shipment on which drawback is claimed should not of itself be considered to convey a subsidy;   
 7.  an excess drawback of import charges in the sense of paragraph nine of the Section II of 
the Annex 1 would be deemed to exist where government paid interest on any monies refunded under their drawback schemes, to the extent of the interest actually paid or payable.  
 
3. The provisions of this Annex shall apply pursuant to the principles and norms of the 
international commercial act within the meaning of the Agreements and documents GATT/WTO.   
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  ANNEX 4 
TO THE LAW OF UKRAINE "ON PROTECTION OF  NATIONAL INDUSTRY AGAINST SUBSIDIZED 
IMPORTS" OF 22 DECEMBER 1998, NO. 331-XIV 
Principles of state support of the producers of farm products 
 
General provisions  
1. The application of measures of state support to the agriculture producers shall not affect the 
normal development of the production or trade of the farm products or such affect shall be minimized.   
 The measures applied to support agriculture shall meet the following criteria:  
  1.  the state support shall be given in the framework of the national programme (including 
payable income taxes) getting financial support from the state funds with no attraction of transfer 
of the consumers thereof;   
 2.  the state support shall not affect the prices maintained by the producers;  
  3.  the state support shall meet the criteria and conditions of services provided within a framework of state programmes pursuant to paragr aphs from two to thirteen of this Annex.  
 
General services provided within  a framework of state programmes 
 
2. The provision of general services involves the expenses (or exemption from payable income 
taxes) to fulfil the programmes pursuant to which the services or privileges to agriculture or countrymen are given.  
 
 The general services shall not include direct pa yments to the producers of the farm products 
or to those involved in processing thereof.   
 The programmes where the government provides services or grants privileges to agriculture 
or the countrymen shall meet the basic criteria laid down in sub-paragraphs from 1 to 7 of this paragraph. Such programmes shall mean the performance of:  
 
 1.  scientific and research work, including general scientific and research work; researches pursuant to the programmes of the environmenta l protection; the programmes of scientific and 
researches work pursuant to certain products;  
  2.  fight against pests and diseases of the farm plants and live-stock including the systems 
of early prevention, quarantine and elimination;  
 
 3.  training services including the provision of facilities for general and specialized training;   
 4.  information spread and consulting services, including the supply of equipment and 
facilities to facilitate the transmission of information to the producers and consumers and the results of scientific and research work;  
 
 5.  inspection services including services of a general nature and expertise of certain products to establish whether they are safe for health of a human being or safe in general (including security of environment), or whether conform with the quality and standards;  
 
 6.  marketing and promotion services including marketing information (information on the markets and their conditions), consultations on certain products and their promotion with 
exception of definite costs of the products that may assume the sellers for the purpose to sell 
them at a lower cost or to grant direct economic privilege to the buyers;   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   7.  services in infrastructure including po wer networks, roads and means of transportation, 
market and port constructions, water supply syst ems, embankments and drainage systems, work 
pursuant to realization of the programmes of environmental protection.   
 In such cases the costs shall be assumed only for provision or construction of capital 
buildings and exclude subsidization of the supply of equipment to the farms other than equipment 
supplied for the purpose of development of the networks of generally acceptable services. 
Subsidization of inputs or working costs, taxes or charges payable by the consumers that enjoy 
privileges shall be excluded from the above services;    8.  other services.  
 
Store-keeping of the state stock of products to secure food safety 
 
3. The costs (or exemption from payable income taxes) involved in accumulation and store-
keeping of the stock of products being an integral  part of the programme to secure food safety 
shall be established by an appropriate national legislative act.  
 
 Such programme may specify the measures where the government provides the owners of the private warehouses with the appropriate products.   
 The volume and accumulation of such stocks of products shall serve a preset purpose 
exclusively in the sphere of security of the food sa fety. A process of accumulation of such stocks of 
products and their respective use shall be transparen t from the point of view of the financial costs. 
The purchase of food products by the governme nt shall be carried out at the current market 
prices, and the sale from the stocks shall be carried out at the price that is not less than the current domestic market price for the like product and the product of the same quality.  
 
 The food stock safety programmes of the governments in the developing countries where fulfilment of such programmes is transparent and en sured pursuant to officially published objective 
criteria or national standard acts, and programmes where for the purpose of security of the food 
safety the stock food products are purchased and so ld at the prices established by the government 
shall deem to conform with the provisions of th is paragraph provided that the difference between 
purchase and external advertised price has been accounted in the aggregate measures of support.  
 
National food support  
4. The costs (or exemption from payable income taxes) involved in providing food support to 
that part of the population that needed such support.    The right to receive food support shall meet the definitely specified criteria of nourishment. 
Such support shall be given in one of the below forms:  
  1.  direct supply of the food products to the interested parties;  
 
 2.  allocation of funds in the amount sufficien t to purchase the food products at the market 
or subsided prices by the interested parties that have the right to be supported.  
 
 The purchase of the food products by the government shall be carried out at the current market prices provided that financing and control over such support is adhered to the conditions of transparency.  
 
 For the purpose of paragraphs three and four of this Annex the supply of the food products at the subsided prices to satisfy food demand of the urban and rural poor of the developing 
countries that has been permanently provided at the moderate prices shall deem to conform with 
the provisions of this paragraph.   
Direct financing of the producers of the farm products 
 5. A support in a form of direct financing of the producers of the food product (or in a form of exemption from payable income taxes or remuneration in kind) shall meet the basic criteria 
illustrated in paragraph one, and from six to thirteen of this Annex.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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Independent income support  6. The right to use financial contributions shall be specified pursuant to definitely expressed 
criteria, such as income, status of a producer or landowner, using factors or level of production 
within specified and fixed basic period of time.   
 In any particular year after the end of the basic period the amount of the above financial 
contributions shall not depend on:    1. a separate type or volume of the products (including live-stock) realized by a producer;  
 
 2. domestic or world prices extending to any realized products;   
 3. use of the production factors.  
  The right to receive such contributions does not depend on production of the products.  
 
Financial participation of the governments in income insurance and inflow security 
programmes  
7. The right to use financial contributions may be acquired in the event of losing income and 
shall be established only pursuant to income in agriculture exceeding 30% of average gross income or the equivalent in a form of net profit (with exception of any payments made in a 
framework of such or alike programmes) for the prior three-year period or average indices for the 
three-year period calculated on the base of the prior five-year period excluding the highest and lowest indices of income. Any producer adhering to such conditions shall have the right to use 
financial contributions.  
  The amount of such financial contributions shall compensate less than 70% of income losses in the year the producer has acquired the right of having the support in question.  
 
 The amount of any specified financial contributions shall depend on income only. This amount shall not depend on:  
 
 1.  type of product or volume of its production  (including live-stock) realized by a producer;  
 
 2.  domestic or world prices extending to such product;  
  3.  the factors used in the production.   
 Where a producer uses financial contribution in the same year pursuant to paragraphs seven 
and eight of this Annex (support in the event of  the acts of God), the total amount of such 
contributions shall be less than 100% of the total costs borne by a producer.  
 
Direct contributions to give support in the event of the act of God or those made in a 
form of financial participation of the govern ment in realization of the harvest insurance 
programme 
 8. The right to use financial contributions:   
- shall be acquired only if existed or existing act of God or alike natural calamity (epidemic, 
pest infection, nuclear accidents and the war on the territory of the country in question) has been officially recognized by the government; and 
 
- depend upon the amount of the production losses exceeding 30% of weighted average level of production for the prior three-year period or weighted average indices for the 
three-year period calculated on the base of the prior five-year period excluding the highest 
and lowest indices of income.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   The above contributions payable in the event of  the act of God shall be made only in cases 
of losses of income, live-stock, (including financial contributions to give veterinary aid to the live-stock), land or other factors of production as a consequent impact of the act of God.   
 The above contributions shall:  
 
- reimburse the recovered costs in full and be higher than the losses incurred;  
- reimburse the claimed amounts where limitation of action is non-applicable and include 
demands, specification pursuant to the type  or volume of the future production.  
  Financial contributions being made in the even t of the act of God shall not exceed the level 
of the claimed amount needed to prevent or decrea se the new losses specified in sentence four of 
this paragraph.   
 Where a producer has been using financial contributions pursuant to this paragraph and 
paragraph seven of this Annex within one and the same year (income insurance and income 
security mechanism programmes) the total amount of financial contributions shall be less than 
100 % of the total losses borne by a producer.  
 Assistance in structural reconstruction by  means of realization of those programmes 
compelling the producers to terminate their activity 
 
9. The right to use financial contributions shall be specified in the definitely expressed criteria of those programmes that compel the producers to te rminate their activity in the production of the 
farm products or by means of transformation of the agricultural production into non-agricultural 
production.   
 Such contributions shall depend on complete and permanent termination of the production 
of the farm products.   Assistance in structural reconstruction by  means of realization of the programme in 
termination of using resources in the production process 
 10. The right to use financial contributions shall be specified in the definitely expressed criteria 
of those programmes that have been worked out fo r the purpose of termination of use of land and 
other resources, including live-stock.   
 Financial contributions shall depend on exemption of land from the production of the 
profitable farm products for the term of not less th an three years, or where it refers to the live-
stock on the terms of butchery or uninterrupted and final elimination of the live-stock.   
 Financial contributions shall not reimburse the claimed funds where limitation of action is 
applicable and include demands, specification or alternate utilization of land or other resources connected with the production of the profitable farm products.  
 
 Financial contributions shall not involve the type, volume of production or prices (domestic or world prices) but only the production performe d on the land or where other resources are used 
in such production process.  
 Assistance in structural reconstruction by means of realization of programme in 
promotion of investments 
 
11. The right to use financial contributions shall be specified in the definitely expressed criteria of those programmes of the government worked out for the purpose of giving assistance in 
financial or material reconstruction of the national industry because of the structural losses 
existence of which has been expressly evidenced. The right to use such financial contributions may 
be also based on the accurately defined provisions of the programmes of the governments 
pursuant to re-privatization of the agricultural lands.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   In any year after termination of the basic period the amount of such contributions shall not 
depend (or stipulated by) on:   
- the type or volume of production (including live-stock) realized by a national producer 
provided that this provision does not contradict to the criteria laid down in sentence six of 
this paragraph; - national or world prices for any products to be realized.  
 
 Financial contributions shall be used only within the term deemed to be necessary for realization of investments intended therefore.  
 The conditions of use by a national producer of such contributions shall not include 
undertakings, or specify the farm products to be  made by such producer, except those definite 
products the production of which has been prohibited.  
 
 Financial contributions shall be limited to the amount necessary to reimburse structural losses.  
 
Payments pursuant to environmental protection programmes  12. The right to use financial contributions shall be specified in the definitely expressed criteria 
of those programmes of the government worked out for the purpose of protection or preservation 
of environment and depend on adherence to special conditions including those connected with the methods of production or inputs.  
 
 The amount of contributions shall be limited to the amount of additional costs or income 
losses pursuant to fulfilment of the de finite programme of the government.  
 
Financial contributions in a framewor k of regional support programmes 
 13. The right to use financial contributions shall be given only to the producers of those 
disadvantaged and/or unfavourable re gions. Any such region shall:  
 
- be geographically determined zone with clear economic and administrative indice;  
- be treated as.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  ANNEX 5 
TO THE LAW OF UKRAINE "ON PROTECTION OF  NATIONAL INDUSTRY AGAINST SUBSIDIZED 
IMPORTS" OF 22 DECEMBER 1998, NO. 331-XIV 
LIST 
OF THE DEVELOPING COUNTRIES - MEMBERS OF WTO WHICH ENJOY PREFERENTIAL CONDITIONS 
PURSUANT TO THE ARTICLE 36 OF THE LAW OF  UKRAINE "ON PROTECTION OF NATIONAL 
INDUSTRY AGAINST SUBSIDIZED IMPORTS" 
Customs code    Country 
 516      Bolivia 276      Ghana 
260      Guiana 
456      Dominican Republic 382      Zimbabwe 
664      India 
700      Indonesia 301      Cameroon 
346      Kenya 
272      Cote d'Ivoire 318      Congo 204      Morocco 
240      Nigeria 
432      Nicaragua 662      Pakistan 
248      Senegal 
709      Philippines 669      Sri Lanka 
 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  ANNEX 6 
TO THE LAW OF UKRAINE "ON PROTECTION OF NATIONAL 
INDUSTRY AGAINST SUBSIDIZED IMPORTS" 
OF 22 DECEMBER 1998, NO. 331-XIV 
LIST 
OF THE LEAST DEVELOPED COUNTRIES - MEMB ERS OF WTO WHICH ENJOY PREFERENTIAL 
CONDITIONS PURSUANT TO THE ARTICLE 36 OF THE ACT OF UKRAINE 
"ON PROTECTION OF NATIONAL INDUSTRY AGAINST SUBSIDIZED IMPORTS" 
Customs code    Country 224      Sudan 
228      Mauritania 
232      Mali 
236      Burkina Faso 240      Niger 
244      Chad 
247      Cape Verde  252      Gambia 
257      Guinea-Bissau 
260      Guinea 264      Sierra Leone 268      Liberia 
280      Togo 
284      Benin 306      Central African Republic 
310      Equatorial Guinea 
311      Sao Tome and Principe 322      Zaire 
324      Rwanda 
328      Burundi 334      Ethiopia 336      Eritrea 
338      Djibouti 
342      Somali 350      Uganda 
352      Tanzania 
366      Mozambique 370      Madagascar 
375      Comoro Islands 
378      Zambia 386      Malawi 391      Botswana 
395      Lesotho 
452      Haiti 653      Yemen 
660      Afghanistan 
666      Bangladesh 667      the Maldives 
672      Nepal 
675      Bhutan 676      Burma 684      Laos 
696      Kampuchea 
806      the Solomon Islands 807      Tuvalu  
812      Kiribati 
816      Vanuatu 817      Tonga 
819      Western Samoa G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  ANNEX 7 
TO THE LAW OF UKRAINE "ON PROTECTION OF  NATIONAL INDUSTRY AGAINST SUBSIDIZED 
IMPORTS" OF 22 DECEMBER 1998, NO. 331-XIV 
General principles of a subsidy 
 
1. Where a government grants or maintains a subsidy including prices and income support which directly or indirectly stipulates increase in exports from its territory or decrease in imports to 
its territory such governments shall notify other interested countries in writing of the amount and 
nature of subsidization, of estimated consequent impact of such subsidization on the volume of product or products imported to its territory or exported from its territory and of the circumstances which have lead to subsidization. If such subsidization causes the sufficient injury or there is threat 
to cause the sufficient injury to the interests of other country, a country which grants a subsidy 
shall discuss on demand a possibility to restrict subsidization with other interested country or countries.  
 
Additional provisions for the export subsidy  
2. The granting of a subsidy to a particular product may negatively effect either importing or 
exporting countries, may cause unjustified violation of their practiced commercial interests and hinder their adherence to generally recognized principles and rules of the international commercial law in a sense of the agreements and documents GATT/WTO.  
 
3. The countries shall be restricted to subsidiz ation of an exporting primary product. Where the 
country directly or indirectly grants a subsidy which lead to increase in the volume of the particular 
primary product exported from its territory, such subsidy shall be so granted that the country in 
question would not have a greater share than a just one in the world export trade in such products pursuant to the shares of other countries trading in such products during prior appropriate period 
and special factors which may have a negative consequent impact on the trading in question.  
 4. The countries shall not subsidize directly or indirectly the exports other than a primary product at a lower price than a comparable price practiced on the domestic market by the buyers 
of the like product which effect the export sales of the like product.  
 5. Every now and then the countries shall review  the provisions of the international commercial 
law for the purpose to clarify from the acquir ed experience whether such provisions could 
effectively prevent subsidization to cause sufficient injury to commerce or interests of the appropriate countries.  
 
6. Exemption of exports from payable duties or taxes levied on the product to be consumed on a domestic market, or decrease in the amount of such duties or taxes not exceeding those payable 
shall not be a subsidy.  
 
7. Pursuant to the By-laws of the International Monetary Fund the countries may effect numerous changes in currency exchange.  
 
8. A fact that the country has not exported the product under anti-subsidizing investigation during prior appropriate period shall not hinder this country to have the right to a share in trading 
with such product.  
 9. The procedures directed for stabilization of the domestic price for a primary product, or the 
gross income of the domestic producers of such product irrespective of dynamics of prices which 
lead to export sale of such product at a lower price than a comparable one which practiced on the 
domestic market by the buyers of the like product, shall not be an export subsidy provided that:   
such procedures have resulted in, or intended to result in export sale of such product at a higher 
price than a comparable one practiced on a domestic market by the buyers of the like product;   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  pursuant to effective legal regulation of business, or to other reasons the application of such 
procedures shall prevent stimulation of extra export s or infliction of other sufficient injury to the 
interests of other countries.   
 The measures applied for the purpose of th e performance of aforementioned procedures 
may become an object of investigation if their full or partial financing is secured by means of contributions from the state funds in addition to  the monies of the producers of the product in 
question.  
 10. The provisions of this Annex shall apply pursuant to the principles and norms of the international commercial law within the meaning of the Agreements and documents GATT WTO.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  THE LAW OF UKRAINE 
THE LAW "ON APPLICATION OF SAFEGUARD MEASURES AGAINST IMPORTS TO 
UKRAINE", 22 DECEMBER 1998, NO.332-XIV (WITH CHANGES AND AMENDMENTS) 
As amended and added by the Laws of Ukraine N 1595-III of 23 March 2000, N 663-IV of 
3 April 2003, N 860-IV of 22 May 2003, N 3028-IV of 1 November 2005, N 252-VI of 
10 April 2008, N 4496-VI of 13 March 2012, N 5060-VI of 5 July 2012 
 
(In the text of the Law words "the Ministry of Economy of Ukraine in all cases are replaced with 
words "the central body of executive power in the field of economic policy" in respective case 
according to the Law of Ukraine N 860-IV of 22 May 2003) 
 
For the purpose of establishing mechanisms for protection of the interests of national 
producer2 this Law shall regulate the principles and procedure of initiation and execution of 
safeguard investigations of the facts of increased imports to Ukraine irrespective of the 
commodity's country of origin and exporting country which cause serious injury or threaten to 
cause serious injury to national producer and may result in application of the safeguard measures.  
(preamble of the Law as amended by the Law of  
Ukraine N 3028-IV of 1 November 2005) 
 
Chapter I 
 
GENERAL PROVISIONS 
 
Article 1. Definitions of Terms 
  The terms used in this Law shall have the following meanings: 
 
1.°°directly competitive product  shall mean a product which directly competes with a 
product under safeguard investigation;  
2.°°exporter  shall mean a subject of the legal and economic relations which exports the 
product (products) from the country;  
3.°°threat to cause serious injury shall mean the imminent threat to cause serious injury 
to national producer. A determination of serious injury shall be based on facts and not merely on allegation, conjecture or remote possibility; 
 
(clause three of Article 1 as amended 
by the Law of Ukraine N 3028-IV of 1 November 2005) 
 
4.  interested party  shall be any person notifying the central body of executive power in 
the field of economic policy (hereinafter referred to as the Ministry) of his interest to be involved in 
a safeguard anti-dumping investigation in accordance with part two of the Article 9 of this Law and 
who is taking an active part in safeguard investigation by providing written evidences or other 
information sufficient to the purposes of this investigation. The interested parties could be:  
(paragraph one of clause 4 of article 1 as amended according to  
the Laws of Ukraine N 1595-III of 23 March 2000, 
N 663-IV of 3 April 2003) 
 
- foreign producer, exporter or importer of the product under investigation, or 
corporation (association), where the majority of its members are foreign producers, exporters or importers of the product under investigation; 
- the competent authorities of a country exporting products under investigation; 
                                               
2 The term "national producer" used in this Law is analogue to the term "domestic industry" used in 
WTO Agreement on Safeguards.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  - national producer, producer or wholesale seller of the like products in Ukraine; 
- the corporation (association) where the majority of its members produces or makes 
wholesale trade of the like products in Ukraine; 
- a trade union comprising employees of the enterprises producing or making wholesale 
trade of the like products in Ukraine; 
- consumers, associations of consumers; 
 
(new paragraph seven was added to clause four of Article 1 according to the  
Law of Ukraine N 3028-IV of 1 November 2005, therefore  
paragraph seven shall be considered paragraph eight) 
 
- bodies of the executive power in Ukraine within their competence. 
  5.  serious injury  shall mean impairment in production, trade or financial situation of 
national producer which entails sufficient overall decline in the national production of a definite 
product;  
6.  import  shall mean importation of product (products) to the customs territory of an 
importing country for consumption in this country;   7.  importer  shall mean a subject of economic and legal relations declaring delivery of 
product (products) to the customs territory of Ukraine; 
  8.  competent authorities  s h a l l  m e a n  a  b od i e s  of  s t a t e  p o w e r  o f  a  c o u n t ry  o f  o r i g i n  o r  
exporting country (customs union or economic group) which ensure, within their competence, 
implementation of its foreign and/or foreign economic policies;   
 9.  exporting country  shall mean a country of origin of product imported to Ukraine. An 
exporting country could be considered the country acting as an agent (customs union or economic group) with exception of cases when such product is transported as transit through this country, but is not produced in this country or there is no comparable price for this product in this country; 
 
 10.  country of origin  shall mean a country (customs union or economic group) where 
products have been fully produced or under gone sufficient processing or reworking; 
 
 11.  national producer  shall mean an aggregate number of producers of like products or 
directly competitive products or those producers whose aggregate production of such product 
constitutes the major portion of the whole amount of these products being manufactured in 
Ukraine.   12.  period of investigation  shall mean a period during which the Ministry investigates 
growth dynamics of volumes of imports of commodity  that is the object of investigation, and the 
production, commercial, and financial status of the national producer;  
(clause 12 of Article 1 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
 13.  like product  shall mean an identical product i.e. alike in all aspects to the product 
under investigation, or in the absence of such pr oduct, another product which although not alike in 
all aspects, has distinguishing characteristics closely resembling those of the product under investigation; 
 
 14.  sales  shall mean transfer of property by any person to ownership or use and/or 
possession or/and at disposal of another person, in particular under the terms of purchase and 
sale contracts, property lease, other civil agr eements, or in the event of change of one taken 
obligations to another or change in the terms of obligations to be performed;  
 15.  safeguard investigation  shall mean the investigation of the facts of increased imports 
to Ukraine which causes serious injury or threaten to cause serious injury to national producer of the like or directly competitive product;  
 16.  product  shall mean any product manufactured for trading. G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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Article 2. Scope of Application of the Law  1. This Law shall be applied to the transactions related to imports of any commodity 
irrespective of the commodity's country of origin and exporting country. 
 
(part one of Article 2 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 2. This Law shall not exclude application of other measures along with the safeguard measures: 
 
- laid down in legislation acts, international agreements of Ukraine ratified by 
Verkhovna Rada of Ukraine; 
- in the framework of General Agreement on Tariffs and Trade (hereinafter referred to 
as GATT) and World Trade Organization (hereinafter referred as WTO). 
 
Article 3. Language of Investigations 
 1. According to this Law the investigations shall be performed in the state language of Ukraine.  
2. Evidences, written proofs and other informat ion submitted to the Ministry, State Customs 
Service (hereinafter referred to as the Service) or Interdepartmental International Trade Commission (hereinafter referred as the Commission) in accordance with this Law shall be 
accepted if stated in the state language of Ukraine. 
 Article 4. Terms 
 
1. The terms of all and any actions under this Law shall be specified by the provisions hereof or be established by the Commission or Ministry. Upon expiry of such terms the right to any action shall be deemed to be lost. Any documents submitted after expiration date shall remain without 
consideration. The Commission or Ministry has the right to extend or reinstate the terms in the 
event of providing sufficient justification thereof.  
2. The terms specified by this Law, or by the Commission or Ministry shall be calculated in 
years, months and days.  
 The terms shall be also fixed in a form of an imminent event. 
 3. The term calculated in years shall terminate in the respective month and date of the last year of this period. 
 
 The terms calculated in months shall terminate at the respective date of the last month of 
the period in question. If expiration term falls on the month with no respective date such term 
shall terminate at the last day of the month in question. 
  The term calculated in days shall be counted from the day next to fixed date of 
commencement. 
  The term specified as a reference to any imminent event shall be calculated from the day next to occurrence of the event. 
 
 If expiration dates falls on the day-off the last day of said term shall be the first working day following the day-off. 
 
 The last day of the term shall terminate at the moment of closing the working day at the Ministry, Service or Commission. 
 
 The terms shall not be exceeded if due documents were submitted to the Ministry, Service or Commission and filed under established order prior to the expiration date.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Chapter II 
 
APPLICATION, NOTIFICATION OF INCREASE D IMPORTS TO UKRAINE WHICH CAUSE OR 
THREATEN TO CAUSE SERIOU S INJURY TO NATIONAL 
PRODUCER. HEARINGS OF THE COMMISSION 
 Article 5. Notification of the Facts of In creased Imports to Ukraine Which Cause or 
Threatens to Cause Serious Injury to the National Industry 
 1. If a tendency of increased imports to Ukraine may require application of safeguard measures pursuant to the provisions of this Law, the Servic e, an appropriate body of the executive power of 
Ukraine shall notify the Ministry thereof. The Mini stry on its initiative may start to gather the 
information in question. The Ministry may start gathering such information on its own initiative.  
2. The information directed to the Ministry in acco rdance with part one of this Article shall have 
substantiated evidences of the existence of the fact ors illustrated in clauses 1 and 2 of part two of 
the Article 13 of this Law. 
 
3. The Ministry shall submit the information obtained pursuant to part one of this Article, and/or the copies of an application laid down in  the Article 6 of this Law, to the Cabinet of 
Ministers of Ukraine and to the members of the Commi ssion within five days of the date of receipt 
of aforementioned information and/or application. 
 Article 6. Application 
 
 The national producer may direct to the Ministry an application with a claim to apply the measures stipulated by this Law against the imports to Ukraine. Such application shall have the 
substantiated evidences of the factors illustrated in clauses 1 and 2 of part two of the Article 13 of 
this Law.  Article 7. Authorities of the Commission with Regard to Protection of National Producer 
against Increased Imports 
 1. The procedure of establishment and work of the Commission is defined in the Law of Ukraine 
"On Protection of the National Producer against Dumped Import". 
  The first hearing of the Commission shall be held not later than in a month's time of the date 
of receipt by the Ministry of the information indicate d in the Article 5 of this Law, and/or of a copy 
of an application indicated in the Article 6.  
(paragraph two of part one of Article 7 as amended 
by the Law of Ukraine N 3028-IV of 1 November 2005) 
  Any subsequent hearings including those held in the course of a safeguard investigation and 
application of safeguard measures shall be held when required and within the terms stipulated by 
this Law.  
 At the hearings of the Commission the following matters shall be considered: 
 
- the existence of a fact of imports to Ukrain e, the increase in volume of such imports, 
methods providing for establishment of the fact in question, a product which is an 
object of consideration, methods providing for establishment of possibility to cause 
serious injury and the amount thereof, th e existence of a threat to cause serious 
injury to national producer that outputs like or directly competitive product, the 
existence of casual link between the import s and caused serious injury or threat to 
cause serious injury to national producer that outputs like or directly competitive product; 
- the terms and conditions of imports to Ukraine, tendencies of increase in their 
volumes and various factors of economic and trade situation concerning such imports; 
- the application of the appropriate measures envisaged in this Law due to the new 
circumstances; 
- other matters pursuant to this Law. G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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    At the hearings of the Commission the following decisions shall be adopted:  
- on initiation, or refusing to initiate safeguard investigation of imports of the 
commodity; 
- on applying preliminary safeguard measures in respect of the imports of the 
commodity that are the object of investigation; 
- on applying measures of monitoring the imports of the commodity that are the object 
of investigation; 
- on applying safeguard measures in respect of the imports of the commodity that are 
the object of investigation; 
- on discontinuing safeguard investigation without application of safeguard measures; - on alleviating safeguard measures in respect of the imports of the commodity; 
- on review of safeguard measures in respect of the imports of the commodity; 
- on cancelling safeguard measures in respect of the imports of the commodity; - other decisions in execution of this Law. 
 
(new paragraphs were added to part two of Article 7 
according to the Law of Ukraine N 3028-IV of 1 November 2005, 
therefore paragraph six shall be considered paragraph sixteen) 
  A resolution in the matters set out in this paragraph shall, if required, be adopted under established working order by means of signing the draft resolution by the members of the 
Commission unless otherwise is specified by this Law. To this end the Chairman of the Commission 
or his deputy shall give a notice to the members of the Commission and offer them to express in writing their opinion within the terms determined by him for taking the said opinion into account. 
This term, as a rule, shall neither be less than five nor exceed 10 days. 
 
Chapter III 
 
INITIATING AND EXECUTION OF  SAFEGUARD INVESTIGATION 
 Article 8. General Provisions for Ex ecution of Safeguard Investigation 
 
1. A safeguard investigation shall be carried out for the purpose of establishment on the basis of the factors described in the Article 13 of this Law whether the imports cause or threaten to 
cause serious injury to national producer of Ukraine. 
 2. Period of investigation shall be normally from  one to three years. In some cases such period 
may exceed three years. 
  The Ministry shall determine the duration of a period of investigation.  
(part two of Article 8 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
3. The term of duration of a safeguard investig ation shall not exceed 270 days of the date of 
initiation of such investigation. Under extraordinary circumstances this term may be extended by the Commission up to 330 days. To this end the Ministry shall give a public notice thereon in 
publication of the Cabinet of Ministers of Ukra ine (hereinafter referred to as the newspaper). 
 Article 9. Safeguard Investigation  
1. The Commission shall examine: 
 
- an application and/or information submitted by the Ministry pursuant to part three of 
the Article 5 of this Law; 
- the evidences described in such application or objective information acceptable for 
consideration by the Commission relating to increased imports to Ukraine which has 
caused or threatened to cause serious injury to national producer by such imports. 
  If conclusions of such examination prove suffi ciency of the evidences on increased imports 
to Ukraine, which may cause damage, or threaten to cause damage to national producer the 
Commission shall make decision on initiation of a safeguard investigation and authorize the G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Ministry to carry out such investigation and give public notice in the newspaper on initiation of a 
safeguard investigation. The Commission shall make such decision by a simple majority vote.   If the Commission has established that the provided evidences are insufficient to initiate a 
safeguard investigation, the Commission shall make an appropriate decision on inexpediency of 
initiation of a safeguard investigation and authorize the Ministry to notify the Service, an appropriate body of executive power of Ukraine or  national producer of its conclusions. Such 
decision the Commission shall make by two-thirds (a qualified majority) vote. 
  A decision on initiation or on inexpediency of initiation of a safeguard investigation shall be made by Commission within 30 days of the date the Ministry has received the information or 
application described in the Articles 5 and 6 of this Law. 
 2. The Ministry shall begin an investigation and within five days of the date of making an 
appropriate decision by the Commission described in pa rt one of this Article, give public notice in 
the newspaper which shall contain the following:  
 1.  the information on initiation of a safeguard investigation;  
  2.  the information on the product imported to Ukraine which is subject to a safeguard investigation;  
 
 3.  clause 3 of part 2 of Article 9 is deleted;   
(according to the Law of Ukraine  
N 3028-IV of 1 November 2005) 
 
 4.  a brief report (hereinafter referred to as summary) of the evidences on the basis of 
which a safeguard investigation has been initiated;   5.  a notification that any relevant information pursuant to an investigation in question may 
be directed to the Ministry; 
 
6.  the time-limits within which the interested parties may: 
 
- submit their written comments and other relevant information including the evidences 
in favour of themselves; 
- require the hearings to be held at the Minist ry pursuant to part four of this Article; 
  7.  the address of the Ministry where all correspondence shall be directed.  
3. The Ministry has the right to require the Se rvice and other bodies of executive power of 
Ukraine, the interested parties to provide the information needed to perform a safeguard investigation. Such request shall be binding to  the bodies of executive power and interested 
parties, and be fulfilled within the time-limit fixed by the Ministry. 
  For the purpose of establishing whether the evidences stated in information provided to the 
Ministry by the Service or other bodies of exec utive power of Ukraine or interested parties are 
sufficient enough to carry out a safeguard investigation, the Ministry shall verify such information.   4. The interested parties shall have the right to  apply to the Ministry in writing, within the 
time-limits specified in the notification of initiation of a safeguard investigation, with requirement 
for the hearing to be held at the Ministry in the matters of a safeguard investigation with their participation therein: 
 
 1.  if they have proved that such safeguard investigation concerns their interests and the results thereof may affect their business; 
 
 2.  provided that there are safeguard reasons for such hearings to be held. 
 5. The interested parties participating in the hearings pursuant to the matters of a safeguard 
investigation may supply additional information to the Ministry in the course of such hearings. Oral G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  information supplied to the Ministry by the interested parties in the course of hearings shall be 
accounted by the Ministry when carrying out safeguard investigation only if it is subsequently reproduced in writing not later than five days of the date of closing the hearings.  
6. The interested parties may, on written request, see all information provided by another 
interested party with exception of the official do cuments of the Ministry, Service and Commission if 
such information: 
 
 1.  relates to protection of their interests;   2.  is not confidential pursuant to the Article 12 of this Law; 
 
 3.  is used for the purposes  of a safeguard investigation. 
 
 The interested parties may supply their comments to such information, which shall be 
accounted by the Ministry, provided that su ch comments are well grounded and have been 
supplied to the Ministry within fixed time-limits. 
 
 The information and evidences supplied to the Ministry by one of the interested parties in 
the course of a safeguard investigation shall be also supplied to all other interested parties involved. Where the information and evidences haven' t been provided to the Ministry or to other 
interested parties, or provided information and evidences could not be verified, such information 
and evidences shall be disregarded by the Ministry  in the course of a safeguard investigation. 
 
7. If the Ministry established that the interested party has provided inaccurate or erroneous 
information it shall disregard such information and make use of the actual data being at its disposal. 
 
 Where the information required by the Ministry has not been provided within the time-limits specified by this Law or established by the Ministry pursuant hereto, or there are considerable difficulties in carrying out safeguard investigation, the Ministry shall make conclusions on the basis 
of the actual data in its disposal. The Ministry shall direct such conclusions to the Commission's 
consideration.  
8. The Commission, pursuant to the conclusions made by the Ministry, may adopt a resolution 
on termination of a safeguard investigation. Such resolution shall be adopted by the Commission by a qualified majority vote not later than 30 da ys of the date of submission of the Ministry's 
conclusions described in part seven of this Article, and be based on insufficiency of the evidences 
to carry out an investigation in question. By such decision the Commission shall authorize the Ministry:  
 1.  to draw up a report on the results of a safeguard investigation; 
  2.  to notify the Cabinet of Ministers of Ukraine, Service and interested parties of the 
termination of a safeguard investigation; 
  3.  to give an appropriate public notice in the newspaper pursuant to a decision made. 
 
9. In the course of a safeguard investigation the Commission may make a decision on application of the safeguard provisional measures and/or surveillance measures pursuant to the 
Article 11 and Chapter IV of this Law. 
 
Article 10. Procedure of Making Decision  on Application of Safeguard Measures 
 
1. For the purpose of completion of a safeguard investigation the Ministry shall submit a report 
to the Commission on the results thereof.  
2. While reviewing the report on results of a safeguard investigation the Commission at its 
hearing may decide to apply the safeguard measur es pursuant to the Chapter V of this Law. 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  3. The Commission shall make a decision to apply safeguard measures after reviewing all 
evidences relating to the increased imports to Ukraine and establish:  
- a fact (facts) of serious injury or threat to cause serious injury; 
- the existence of casual link between the import of a product and serious injury caused 
or threaten to cause to national producer of the like or directly competitive product;  
 
(paragraph three of part three of Article 10 as amended  
by the Law of Ukraine N 3028-IV of 1 November 2005) 
 
- whether the application of the safeguard measures meets the national interests. 
 
Article 11. Application of Pr ovisional Safeguard Measures 
 
1. Not earlier than 45 days of the date of initiation of a safeguard investigation the Commission 
may make a decision by a simple majority vote on application of the provisional safeguard measures, provided that: 
 
 1.  the Commission has made a decision on initiation of appropriate investigation pursuant to the Articles 8 and 9 of this Law;  
 2.  a public notice has been published in the newspaper on initiation of a safeguard 
investigation;  
 3.  the interested parties have been given an opportunity to submit their comments and 
other relevant information to the Ministry;  
 4.  the Ministry has preliminarily establis hed the existence of such circumstances under 
which any delay in application of preliminary safeguard measures may cause injury the consequences of which will be hard to remedy afterwards;  
(clause 4 of part one of Article 11 is in the wording  
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 
 5.  the Ministry has preliminarily established that actual available data provided for 
substantiated evidence confirming that the increa sed imports to Ukraine caused or threaten to 
cause serious injury; 
 
(clause 5 of part one of Article 11 as amended 
by the Law of Ukraine N 3028-IV of 1 November 2005) 
 
 6.  the Ministry has made conclusion on th e necessity to apply the provisional safeguard 
measures by the Commission.  
 The Ministry shall give an appropriate public notice in the newspaper on a decision made. 
 2. The time-limits for application of the provisional safeguard measures shall neither exceed 
200 days and nor exceed the term of execution of a safeguard investigation. 
 3. The provisional safeguard measures pursuant to the provisions of this Law shall be applied by means of imposition of a safeguard duty.  
 
 A rate of a safeguard duty payable by an im porter of the products to Ukraine shall be 
established in an appropriate decision of the Commission on application of the provisional 
safeguard measures. Such duty shall be paid irre spective of payment of other taxes and charges 
(mandatory payments) including duties, which are normally payable in cases of importation to Ukraine. 
 
(paragraph two of part three of Article 11 is amended pursuant 
to the Law of Ukraine of 13 March 2012 N 4496-VI) 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   A safeguard duty shall be paid in a cash or non-cash form or by means of cash deposits or 
bonds equal to the duty amount if not otherwise is established by the legislation of Ukraine. The money may be deposited at the place of location of customs bodies carrying out customs clearance of a product under safeguard investigation. The Service shall establish the procedure of making 
deposits. 
  By the end of the term of application of th e provisional safeguard measures the Ministry 
shall submit to the Commission a report and conclusions on the results. 
 4. The provisional safeguard measures relating to the imports to Ukraine shall be nullified where: 
 
 1.  a made decision, pursuant to part five of this Article, sets out that the imports to Ukraine of a product which is subject to a safeguard invest igation have not caused or threatened to cause 
serious injury to the national producer; 
  2.  a decision made to apply safeguard meas ures pursuant to the Chapter V of this Law. 
 
 The application of the provisional safeguard measures shall terminate of the date of an appropriate decision of the Commission laid down in this part entering into force. 
 
5. If the Commission reached a conclusion that no injury has been caused or threatened to 
cause to the national producer, the Commission shall make a decision at the hearing on:  
 1.  nullification of application of the provisional safeguard measures; 
  Such decision shall also nullify imposition of a safeguard duty. 
 
 2.  continuation by the Ministry of a safeguard investigation.   Such decisions shall be made at the hearings of the Commission by a qualified majority 
vote. 
  The Ministry shall give an appropriate public  notice in the newspaper on the decisions in 
question. 
 6. The decisions of the Commission mentioned in part five of this Article may stipulate a refund 
to an importer of a paid safeguard duty. 
  An importer shall submit to the Service an application on refund of the paid amounts of a safeguard duty within 30 days of the date of maki ng decision by the Commission pursuant to part 
five of this Article. This application shall identify the customs bodies that carried out customs 
clearance of a product on which a safeguard duty has been imposed. To such application shall be 
attached the documents confirming the fact of importation to Ukraine and customs clearance of 
aforementioned product, within a period of the provisional safeguard measures being in force, 
from the date the amount of a safeguard duty has been duly paid in accordance with the decision 
made by the Commission pursuant to paragraph three of this Article. 
 
 An application on the refund of the paid amounts of a safeguard duty shall be duly justified if it sets out accurate information on the paid amounts of a safeguard duty and supported by all customs documents relating to settlements and payments of the amounts in question. If such 
application does not provide for the described above information the Service having reviewed an 
application in question shall return it back to an applicant with the appropriate explanations and 
comments. 
 
 The Service shall immediately have the original of such application directed to the Ministry of Finance of Ukraine with attached documents and their copies directed to the Commission and 
Ministry. 
  A refund of aforementioned amounts of a safegu ard duty shall be carried out by the Ministry 
of Finance of Ukraine within 90 days of the da te of making an appropriate decision by the 
Commission. If an importer fails to provide all relevant documents relating to refund of the paid G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  amounts of a safeguard duty within the time-limits specified in this part such amounts shall be not 
refunded.  Article 12. Confidential Regime 
 
1. Any information which is by nature confidential (because its disclosure would be of significant competitive advantage to a competitor or because its disclosure would have a 
significantly adverse effect upon a party supplying the information or upon a party who received 
the information, etc.) or which is provided on a confidential basis by interested parties in the process of safeguard investigation shall, upon good cause shown, be treated as such by the Ministry.  
 
2. The interested parties providing the Ministry or Commission with confidential information shall furnish it with non-confidential summary thereof. The summary shall be detailed to the 
extent which allows understanding essence of the in formation provided on a confidential basis. If 
interested parties indicate that such information cannot be summarized, they shall specify the reasons why a summary cannot be provided. 
 
 If the Ministry finds that a request for confidentiality is not warranted and if the party concerned is either unwilling to make the information public or to authorize its disclosure in generalized or summary form, such information ma y be disregarded unless it can be demonstrated 
to their satisfaction from appropriate sources that the information is correct.  
 
(part two of Article 12 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 3. The Ministry or Commission must not disclose the confidential information without a 
permission of the party that provided it. The information exchanged between the Ministry and 
Commission, as well as information on the hearings of the Commission or official documents of the Ministry or Commission relating to a safeguard investigation must not be disclosed.   
(part three of Article 12 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
4. The information obtained pursuant to the provisions of this Law shall be used only for the 
purposes thereof.   
5. This Article does not hinder a disclosure by the Ministry or Commission of general 
information or evidences on the basis of which the Commission makes a decision.   6. The persons who are guilty of disclosure of th e confidential information obtained pursuant to 
the provisions of this Law shall bear responsibility in accordance with legislation.  
 7. Part seven of Article 12 is deleted.  
 
(according to the Law of Ukraine N 3028-IV of 1 November 2005) 
 
Article 13. Establishment of Existence of Serious Injury or Threat Thereof 
 1. In the course of a safeguard investigation the Ministry shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the national producer, in particular:  
 
(paragraph one of part one of Article 13 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
 1.  tendencies in Ukraine's imports under investigation, particularly growing imports and (or) conditions thereof;  
 
(clause 1 of part one of Article 13 in wording of  
the Law of Ukraine N 663-IV of 3 April 2003) 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   2.  a fact (facts) of serious injury and/or threat thereof to national producer being a 
subsequent impact of such imports;    3.  the existence of a casual link between  the increased imports and/or the conditions 
thereof and caused serious injury or threat thereof.  
 2. In the course of investigation the following facts shall be evaluated:  
 
 1.  import turnover of product (products) if su ch turnover increased to a larger extent in the 
course of investigation in absolute and relative terms of the amount of production or consumption in Ukraine of the like or directly competitive products;  
 
 2.  prices of the imports to Ukraine of the product (products) concerned if in the course of investigation the sufficient decrease in price of such product has taken place with regard to the 
price of the like product in Ukraine;  
  3.  a consequent impact on the national industry being the result of the effect of 
aforementioned factors laid down in clauses 1 and/or 2 of this part. Such impact shall be 
determined by a tendency in changes of some econ omic factors, in particular: the production by a 
national producer of products under investigation; utilization by a national producer of the production capacity; the stock of products; sales of products; certain segment of the Ukrainian 
market occupied by national producer; prices of products (i.e. decrease in prices or impediment to 
increase in prices which normally have been practiced); productivity; capacity utilization volumes of profits or losses of a national producer; profit of a national producer from invested capital; 
liquidity and employment situation at the enterprises of a national producer, etc.  
 
(clause 3 of part two of Article 13 as amended 
by the Law of Ukraine N 3028-IV of 1 November 2005) 
  4.  other factors relating to investigation in question.   
 When factors other than increased imports are causing injury to the national producer at the 
same time, such injury shall not be attributed to increased imports.   
(paragraph six was added to part two of Article 13 according to the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
 According to article 17 of this Law the Ministry publishes in newspaper information on the 
results of analysis of the investigated matter and proof of relevance to the investigation of the factors examined.   
(paragraph seven was added to part two of Article 13 according to the  
Law of Ukraine N 252-VI of 10 April 2008) 
 
3. Where there is claim on a threat of a seriou s injury the Ministry normally shall evaluate a 
possibility of causing injury as an outcome of existing situation. To this end the following factors shall be taken into account:  
 
 1.  level of increase in the volume of export products to Ukraine being under safeguard investigation;  
 2.  future or already existing export potentia l of a country of origin or exporting country, as 
well as probability of utilization of such potent ial for the export of such product to Ukraine; 
 
(clause 2 of part three of Article 13 as amended by the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
 3.  tendencies in affecting the national producer by the imports.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Chapter IV 
 
SURVEILLANCE MEASURES AGAINST IMPORTS TO UKRAINE 
 
Article 14. Procedure of Applic ation of Surveillance Measures  against Imports to Ukraine 
 1. If in the course of a safeguard investigation the Ministry establishes a threat to cause 
serious injury, the Commission on recommendation of the Ministry shall make a decision to apply 
in the course of such investigation the surveillance measures pursuant to the provisions of the Article 15 of this Law. Such decision shall be ma de by the Commission by a simple majority vote.  
 
2. The Service, an appropriate body of executiv e power or national producer shall provide the 
Ministry with information on increase in the volume of imported product (products) to Ukraine irrespective of country of origin and exporting country, which threaten to cause serious injury to 
national producer. On the basis of such data the Ministry shall prepare relevant information on the 
existence of a threat of serious injury and submit it to the Commission.   
(part two of Article 14 as amended by the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 3. On request of any member of the Commission or on initiative of the Ministry, the 
Commission shall have the hearing to be held within a period of time that enables to comply with 
the time-limits stipulated by this Law, but not later than on tenth working day of the date of receipt by the Ministry of information mentioned in part two of this Article and prior to the date of 
application of the surveillance measures, to review such information and make an appropriate 
decision.   
4. Pursuant to the results of the review performed in accordance with part three of this Article, 
the Commission, by a simple majority vote, shall make decision on application of the surveillance regime or regional surveillance regime taking into account the national interests.  
5. Where the Commission thinks it unreasonable to apply the surveillance regime against 
imports in the whole territory of Ukraine it may deci de to initiate the regional surveillance regime 
in one or several regions of Ukraine.  
 
6. By order of the Commission, the Ministry shall inform the Cabinet of the Ministers of 
Ukraine, the Service and an appropriate body of  executive power on the decision made by the 
Commission and give an appropriate public notice in the newspaper.  
 7. The terms of surveillance shall be limited and may not exceed the period set for the conduct of the safeguard investigation.  
 
(part seven of Article 14 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 
8. Where the surveillance or regional surveillanc e regime has been applied the Service shall, 
prior to tenth day of each month, submit to  the Commission and Ministry the appropriate 
information on total value of the product, which are calculated pursuant to the basic conditions of 
delivery CIF- the boarder of Ukraine, and the volume of the product in accordance with the appropriate permission to import issued by the Ministry and acknowledged by the Service within a 
preliminary period.  
 
 Basic conditions of the delivery shall be established pursuant to the International interpretation of the commercial terms – "INCOTERMS". 
 
(paragraph two of part eight of Article 14 
is in the wording of the Law of Ukraine of 05 July 2012 N 5060-VI) 
 
 Where the product has specific consumer characteristics or there is specific situation in the market of Ukraine the periodicity of submission of such information specified in the first paragraph of this part may be changed by the Co mmission on proposal of the Ministry.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   Such information shall contain the description of the product and the country of origin. Any 
other information may be provided if determined in the appropriate decision of the Commission.   Article 15. Surveillance and Regional Surve illance Regimes of the Imports to Ukraine 
 
1. The importation of a product to the customs te rritory of Ukraine, to which has been applied 
the surveillance or regional surveillance measures against imports to Ukraine, pursuant to the 
appropriate decision of the Commission, shall be  carried out if an appropriate permission to 
imports issued by the Ministry under established order and form, within seven working days of the 
date of submission by an interested importer of  an appropriate application, has been supplied to 
the appropriate customs authority of Ukraine.  
 
2. In such application pursuant to part one of this Article an interested importer shall provide, in particular, the information on:  
 
 the full name of the applicant and his registered address (first name, second name and patronymic name for a natural person);  
 
- identification code (number);  - a shipping agent/freight carrier (full name, registered address); - declaring (full name, place of location); 
- validity of the permission for import;  
- the country of origin of a product;  - the country of export; 
- customs point and date of importation to Ukraine and a list of transportation means; 
- reference to the decision of the Commission on application of the surveillance or 
safeguard measures; 
- an accurate description of imported products; 
- marking and numbers of products, packages, quantity of such packages, numbers and 
quantity of packages; 
- description of products in accordance with Harmonized Commodity Description and 
Coding System; 
- gross weight (Kg); - net weight (Kg); 
- additional units of measurement; 
- price in accordance with basic conditions of delivery CIF-the boarder of Ukraine in USD 
or Ecu (Euro); 
- additional details of product documents; 
- basic conditions of delivery pursuant to INCOTERMS. 
 3. A permission to import shall contain the information on the price and volume of products to 
be imported, reference that such product is subjec t to application of the surveillance or regional 
surveillance measures, other conditions and information on imports pursuant to the content of the application of an interested importer.  
 
 A permission to import shall be valid in the whole territory of Ukraine within 90 days of the date of issue.  
 
4. Importation of products to the customs territory of Ukraine, which are subject to application of the surveillance or regional surveillance me asures, shall be carried out provided that the 
customs authority of Ukraine has established that:  
 
 1.  the total cost or volume of products do not exceed the cost or volume of products specified in a permission to imports for more than 5%; 
 
(clause 1 of part four of Article 15 as amended according to the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
 2.  an imported product, the terms and conditions of such importation are in full accord with those specified in permission to imports.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  5. A decision of the Commission on application of the surveillance of imports to Ukraine may 
provide for a submission to the customs authority of Ukraine by an interested importer of the 
certificate of origin of a product, which is subject to application of the surveillance or regional surveillance measures. However, this shall not exclude the application of other provisions of the 
Law with regard to a submission such certificate to the customs authority of Ukraine.  
 
Chapter V 
SAFEGUARD MEASURES 
 Article 16. Application of Safeguard Measures  
1. Where an increase in imports to Ukraine is taken place in the amounts and/or within terms 
or under conditions, which cause or threaten to cause serious injury, the Commission, for the purpose of protection of the national interests, may decide to apply the following safeguard 
measures:  
  1.  clause 1 of part one of Article 16 is deleted;  
 
(according to the Law of Ukraine 
N 3028-IV of 1 November 2005) 
 
 2.  assignment of a quota on imports under safeguard investigation with establishment of 
the amount of quotas and procedure of their allocation;  
 3.  establishment of a safeguard duty for Uk raine's imports under safeguard investigation.  
 
(part one of Article 16 is added with clause 3  
according to the Law of Ukraine N 663-IV of 3 April 2003) 
 2. The safeguard duty determined by the Commission  shall be paid by importer of the goods to 
Ukraine regardless of other taxes and fees (obligatory payments) paid on Ukraine's imports.  
 
 The rate of the safeguard duty shall be dete rmined in percentage points to the customs 
value of the goods under safeguard investigation.  Customs value of these goods is calculated 
according to the basic terms of delivery CIF – Ukrain e's border. The safeguard duty is to be paid in 
a corresponding amount and separately in every case with no discrimination and regardless of the exporting country.  
 
 The safeguard duty shall be paid in cash or through bank transfer or through depositing the 
amount of duty on a deposit account or registering a respective debt liability, if Ukraine's legislation does not determine otherwise. Money sh all be deposited at the location of the customs 
bodies, engaged in registering the goods under safe guard investigation. The Service is to establish 
the procedure for clearing such payments.   
 By the end of the period for applying safeguar d measures the Ministry is to submit a report 
and conclusions on the results thereof to the Commission.   
(part two of Article 16 in wording of  
the Law of Ukraine N 663-IV of 3 April 2003) 
 3. The decision of the Commission on application of the safeguard measures shall contain the 
information on:  
 
- completion and the results of a safeguard investigation;  
- safeguard measures to be applied, name and code of the product pursuant to the 
Harmonized Commodity Description and Coding System, and description of the products under safeguard investigation, periods of validity of the permission to 
imports, volumes of quotas and (or) rate of safeguard duty, time-limits for safeguard 
measures to be applied, the date of commencement of application of the safeguard measures, the date of the Commission's decisi on entering into force, other information 
and regulations of application of the safeguard measures.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  (paragraph three of part three of Article 16 as amended by the 
Laws of Ukraine N 663-IV of 3 April 2003, N 3028-IV of 1 November 2005) 
 4. The assignment of quotas to importation of products to Ukraine, which are subject to 
application of the safeguard measures, shall be ma de by means of issuance of safeguard licenses 
by the Ministry.   
5. In case of the assignment of quotas the Commission shall take into account the support of 
traditional flow of goods and/or the volumes of sales under contracts signed for the imports to Ukraine on which the Ministry and Service have informed the Commission.   
6. Unless clear justification is given that a different level is necessary to prevent or remedy 
serious injury, the quantitative restriction shall not reduce the quantity of imports below the level of a recent period which shall be the average of imports in the last three representative years for 
which statistics are available.  
 
(part six of Article 16 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 7. In cases when a quota is allocated among expo rting countries such allocation may be agreed 
with them. If no agreement has been reached, a quota shall be allocated among the exporting 
countries pursuant to their respective shares in imports to Ukraine, being an object of safeguard 
investigation, during preceding period.   
(part seven of Article 16 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 
8. The application of the surveillance measures shall be terminated of the date of making 
decision by the Commission on application of the safeguard measures.  9. The safeguard measures may be applied to the imports under safeguard investigation 
throughout the whole territory of Ukraine or in  one or several regions of Ukraine. Where the 
product is about to be delivered to Ukraine its im portation to the customs territory of Ukraine shall 
be permitted provided that:  
 
 1. such product shall not be re-addressed by an importer;   
 2. such product shall be imported to Ukraine on submission by an importer to the customs 
authority of Ukraine of an appropriate permission to importation of such product, issued pursuant 
to the Article 15 of this Law.   
10. In the process of investigation, the Commission may adopt a decision to discontinue the 
safeguard investigation without applying safeguar d measures. Such decision shall be adopted by 
majority of votes in the Commission upon submission  by the Ministry of conclusions and report on 
results of the safeguard investigation.  
 
(a new part was added to Article 16 according to the Law of Ukraine N 3028-IV of 
1 November 2005, therefore parts ten and eleven shall be considered parts eleven and twelve) 
 11. On the Commission's assignment the Ministry  shall publish in a newspaper the appropriate 
announcement and inform the Cabinet of Ministers of  Ukraine, Service or an appropriate body of 
executive power about the decision of the Commission made pursuant to the provisions of this 
Article.   
(part eleven of Article 16 as amended by the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
12. The Service, national producer or an appropriate body of executive power may require 
reviewing the aforementioned decision within 30 days  of the date of publishing the decision of the 
Commission.   G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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   Pursuant to such request the Commission shal l initiate the revision of the aforementioned 
decision and make decision by a qualified majority vote whether to leave the decision on application of the safeguard measures unchanged, or to amend or nullify such decision.   
Article 17. Factors of National Interest 
 1. A conclusion in the matter of whether national interests require an application of the 
safeguard measures shall be based on evaluation of  all interests, including those of the national 
producer and consumers, an influence of the imports under safeguard investigation on employment of population, on investments of the national producer and consumers, on international economic interests of Ukraine. Such conclusion pursuant to this Article shall be made, 
provided that all interested parties have been gi ven an opportunity to express their point of view 
pursuant to part two of this Article. In this connection safeguard attention shall be paid to the necessity of elimination of the affecting disproportion in trade and restoration of a competition.  
 
 The safeguard measures may not be applied if the Commission, on proposal of the Ministry, 
definitely determines, taking into account all available information that application of such 
measures contradicts to the national interests.  
 2. The applicants, importers, their incorpor ations (associations), consumers and their 
organizations may, within the terms specified in a notice on initiation of the safeguard 
investigation, inform on their point of view and submit to the Ministry their comments as to 
whether the application of the safeguard measures meets the national interests to be accounted in an appropriate decision of the Commission. 
 
 Such information or the respective summary thereof may be directed by the Ministry to other parties described in this Article, which may submit their comments thereto.  
 
3. The interested parties may require the hearings to be held by the Ministry. Such requests shall be satisfied if submitted to the Ministry in writing and in the terms fixed in the notice on initiation of a safeguard investigation setting out safeguard, from the point of view national 
interest, reasons to hold such hearings in the Ministry.  
 4. The Ministry shall consider the information provided by a party pursuant to part two of this 
Article and determine to what extent such info rmation is representative. The results of such 
consideration and determination as to whether the information in question is well substantiated shall be directed to the Commission. The summary  of conclusions made by the members of the 
Commission, which have been reviewed at the hearings of the Commission, shall be taken into 
account in the Ministry's proposals given to the Commission pursuant to the provisions of this Law.    The information provided pursuant to this Article shall be taken into account if supported by 
sufficient evidences, which substantiate its impeccabili ty pursuant to the requirements of this Law.  
 5. The Ministry publishes in newspaper information on the facts discovered and findings on all 
actual and legal aspects of the matters mentioned in the article.  
 
(part 5 of Article 17 was amended by the  
Law of Ukraine N252-VI of 10 April 2008) 
 Article 18. Period of Application of the Safeguard Measures  
1. Safeguard measures shall be applied only for such period of time as may be necessary to 
prevent or remedy the consequences of serious inju ry and to facilitate the process of the national 
producer's economic adjustment to the conditions of competition. The period may not exceed four 
years unless it is extended in case where the Commission discovered the existence of 
circumstances listed in part two of this Article.   
(part one of Article 18 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  2. The period of application of the safeguard me asures necessary to prevent serious injury or 
remedy serious injury caused to the national pr oducer may be extended by a decision of the 
Commission if it has been established that:   
- such extension of the period of application of the safeguard measures is necessary to 
prevent or remedy serious injury;  
 
(paragraph two of part two of Article 18 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 
- or there is evidence that the interested national producer is adjusting.  
 
(paragraph three of part two of Article 18 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 
 The period of application of the safeguar d the safeguard measures to the countries – 
Members WTO shall be extended if two conditions illustrated in paragraphs two and three of this 
part exist. 
 3. Commission shall make decision on extension of the term for application of safeguard measures by simple majority vote. If the applicat ion term of safeguard measures is extended they 
shall not be of more restrictive character than it was envisaged by previous decision of the 
Commission.   
4. If the period of application of the safeguar d measures is over one such measures shall be 
progressively liberalized at regular intervals du ring the next periods of application thereof. 
 
(part four of Article 18 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 5. The total period of application of a safeguar d measure including the period of application of 
any provisional measure, the period of initial application and any extension thereof, shall not 
exceed eight years.   
(part five of Article 18 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 
Article 19. Revision of Safeguard and Surve illance Measures against Imports to Ukraine 
 1. During the period of application of the sa feguard measures, on request of the Service or 
appropriate body of executive power, the Commission shall hold the hearings.  
 Paragraph two of part one of Article 19 is deleted.  
 
(according to the Law of Ukraine N 3028-IV of 1 November 2005) 
 
 At such hearings the Commission shall review the consequent impacts of application of the appropriate measures, establish the necessity of increa se in pace of liberalization of the imports to 
Ukraine which is subject to application of the safeguard measures, and necessity of extension of 
the period thereof.    If the duration of the safeguard measures exceeds three years, such measures shall be 
subject to liberalization not later than the mid-term of the measures. If appropriate, such 
measures shall be withdrawn or the pace of liberalization shall be increased.   
(a paragraph was added to part one of Article 19 
by the Law of Ukraine N 3028-IV of 1 November 2005) 
 
 Measures extended according to part two of Article 18 of the present Law shall not be more 
restrictive than it was at the end of the initial period, and should continue to be liberalized.   
(a paragraph was added to part one of Article 19 by the  
Law of Ukraine N 3028-IV of 1 November 2005) G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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2. If upon termination of the hearings described in part one of this Article the Commission makes conclusion on the necessity of nullification or revision of the surveillance or safeguard measures illustrated in the Articles 14, 15 and 16 of this Law, it shall make an appropriate decision 
on nullification or revision thereof.  
  The Commission shall make such decision by a qualified majority vote. A notice on such 
decision shall be published by the Ministry in the newspaper.  
 3. A decision on application of the safeguard measures may be appealed in the court pursuant to the Law of Ukraine within one month of the date of application of such measures.  
 
Article 20. Peculiarities in Appl ication of Safeguard Measures 
 
1. No safeguard measures shall be applied again to the import of a product, which have been 
subject to such a measure, for a period of time equal to that during which such measure had been previously applied. The period of non-application shall be at least two years.  
 
 Safeguard measures may be applied again to the import of a product if:   
1.  at least one year has elapsed since the date of application of the safeguard measures to 
the import; 
  2.  such safeguard measures have not been applied to the same import more than twice in 
the five-year period immediately preceding the date of introduction of such measures.  
 2. A decision to apply safeguard measures again shall be made by a qualified majority vote of 
the Commission. Safeguard measures may be applied again to the import of product (products) to 
Ukraine for the period of up to 180 days. A notice on making such decision by the Commission shall be published by the Ministry in the newspaper.  
Article 21. Application of Safeguard Measur es to the Import to Ukraine from the 
Developing Countries – Members of WTO  
 Safeguard measures shall not be applied against a product imported to Ukraine if it is 
originated in a developing country – Member of WTO provided that the total share of imports thereof to Ukraine does not exceed 3%, at the condition that, collective import share of developing 
countries – Members of WTO is not more than 9% of total imports to Ukraine.  
 
(Article 21 as amended according to  
the Law of Ukraine N 663-IV of 3 April 2003) 
 
Chapter VI 
FINAL PROVISIONS 
 
Article 22. Enactments of the Commission, Ministry and Service 
 
 The Commission, Ministry and Service may, purs uant to and for implementation of this Law, 
within their competence pass the appropriate enactments. Such enactments shall come in force within the time-limits specified therein if not otherwise provided by this Law, but not prior to the date of the their publishing in the newspaper or otherwise giving public notice to the interested 
parties and shall be binding for execution thereon.  
  The Commission shall provide explanation and interpretation for the provisions of this Law to 
apply.  
 Article 23. Notification of the Competent Authorities of the Interested Countries 
 
 The Ministry of Foreign Affairs of Ukraine shall notify the government of the exporting 
country of initiation, execution or completion of a safeguard investigation and/or application of safeguard measures stipulated by this Law.  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Article 24. Enactment Procedure 
 1. This Law shall be in effect as of 30 days from the date of publishing.  
 
2. Paragraph three of part two of Article 2, para graph four of part two of Article 18, Article 21 
of the present Law shall be applied as of the da te of Ukraine's joining the GATT and accession to 
the WTO.  
 
(part two of Article 24 as amended according to  
the Law of Ukraine N 663-IV of 3 April 2003) 
 
3. The Laws and other normative and legal acts of Ukraine shall apply if not in conflict with the 
provisions of this Law.   
 
 President of Ukraine      L. KUCHMA 
Kyiv 
22 December 1998 N 332-XIV  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  ABSTRACT FROM THE LAW OF UKRAINE NO 959-XII OF 16 APRIL 1991 “ON FOREIGN 
ECONOMIC ACTIVITY” (ARTICLES 1, 9 AND 31) RELEVANT TO ANTI-DUMPING, 
COUNTERVAILING AND SAFEGUARD MEASURES IN THE MEANING OF WTO AGREEMENTS 
ON THE IMPLEMENTATION OF ARTICLE VI , ON SUBSIDIES AND COUNTERVAILING 
MEASURES, AND ON SAFEGUARDS 
RELEVANT AMENDMENTS TO THE LAW “ON FOREIG N ECONOMIC ACTIVITY” WERE INTRODUCED 
BY THE LAWS NO 335-XIV OF 22 DECEMBER 1998, NO 360-V OF 16 NOVEMBER 2006. 
_____________________________________________________  
 
LAW OF Ukraine 
 
ON FOREIGN ECONOMIC ACTIVITY 
 
(Changed and amended according to 
Law of Ukraine 
No 2139-12 of 19 February 1992; 
Resolutions of the Supreme Council of Ukraine 
No 2330-12 of 12 May 1992; 
No 2489-12 of 23 June 1992; 
Decrees of the Cabinet of Ministers of Ukraine 
No 6-92 of 9 December 1992; 
No 4-93 of 11 January 1993; 
No 6-93 of 12 January 1993; 
No 15-93 of 19 February 1993; 
No 25-93 of 17 March 1993; 
Laws of Ukraine 
No 3898-12 of 1 February 1994; 
No 68/95 of 15 February 1995; 
No 75/95 of 28 February 1995; 
No 82/95 of 2 March 1995; 
No 90/95 of 14 March 1995) 
No 335-XIV of 22 December 1998; 
No 1182-XIV of 21 October 1999; 
No 1595-III of 23 March 2000; 
No 1807-III of 08 June 2000; 
No 2953-III of 17 January 2002; 
No 3047-III of 07 February 2002; 
No 362-IV of 25 December 2002; 
No 762-IV of 15 May 2003; No 860-IV of 22 May 2003; 
No 1294-IV of 20 November 2003; 
No 1315-IV of 20 November 2003; 
No 2157-IV of 04 November 2004; 
No 2709-IV of 23 June 2005; 
No 3078-IV of 15 November 2005; 
No 3268-IV of 22 December 2005 
No 139-V of 14 September 2006 
No 358-V of 16 November 2006 
No 360-V of 16 November 2006 
No 253-VI of 10 April 2008 
No 2388-VI of 1 July 2010, 
No 2856-VI of 23 December 2010, 
No 3610-VI of 7 July 2011, 
No 4436-VI of 23 February 2012, 
No 4496-VI of 13 March 2012, 
No 5060-VI of 5 July 2012 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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(For the official construction of the Law refer to Decision of the Constitutional Court of Ukraine 
No 16-rp/98 of 26 November 1998) 
(In the title and body of the text of this Law the words "Ukrainian Soviet Socialist Republic", 
"Ukrainian SSR," "Government", "Council of Minist ers of the Ukrainian SSR", "Ministry of Foreign 
Economic Contacts of the Ukrainian SSR", "State Department for Customs Control of the Ukrainian 
SSR", and "court or arbitration" replaced, acco rdingly, by the words "Ukraine", "Cabinet of 
Ministers of Ukraine", "Ministry of Economy of Uk raine", "Customs Service of Ukraine" and "court" 
according to Law of Ukraine  No 335-XIV of 22 December 1998) 
(Throughout the text hereof, the words "Ministry of  Foreign Economic Contacts and Trade" in all 
cases have been replaced with the words "Ministry of Economy" in appropriate cases according to 
Law of Ukraine No 1595-III of 23 March 2000) 
(Throughout the text hereof, the words "Ministry of  Economy of Ukraine" in all cases have been 
replaced with the words "central economic policy executive agency" according to Law of Ukraine 
No 860-IV of 22 May 2003) 
 
Chapter I. GENERAL PROVISIONS 
 
Article 1. Terms Definitions 
 
For the purpose of this Law the below specified terms shall be used in the following meaning 
 
Audit - a revision of open accounts, stock-taking, constituent documents and other 
information on financial-economic activities of business entities with a view of establishing the 
authenticity of the accounts, stock-taking, its completeness and correspondence to the legislation 
and norms in force.  
(Paragraph 2 of Article 1 in the word ing of Law of Ukraine  No 90/95 of 
14 March 1995) 
 
Currency money - values in currency: 
 
- foreign currency in cash, - payment documents (checks, promissory note s, bills of exchange, deposit certificates, 
letters of credit and others) in foreign currency; 
- securities (shares, bonds, coupons for them, promissory notes) in foreign currency, - gold and other precious metals in bullion, plates, coins and also certificates, bonds, 
warrants and other securities with their nominal in gold, precious gems; 
 
Economic activity - any type of activity, including business undertakings, connected with 
production and material and non-material exchange in form of goods; 
 
Dumping shall be understood as importation1 of goods at prices lower than the comparable 
prices of similar goods in the country of export , thus damaging the domestic producers of such 
goods; 
 
(Paragraph 9 of Article 1 in the wording of Law of Ukraine No 335-XIV of 
22 December 1998) 
 
Export (export of goods) shall be understood as sales of goods by Ukrainian business 
entities in the foreign trade sphere (including such sales with payments made in other than the 
pecuniary form) with or without transferring these goods across the customs border of Ukraine, 
including re-export of goods. In this context re -export (re-export of goods) indicates sales to 
foreign business entities and exportation of previously imported goods;2  
 
(Paragraph 10 of Article 1 in the wording of Law of Ukraine  No 335-XIV of 22 December 1998) 
 
Export (import) of capital - forwarding outside Ukraine (bringing to Ukraine) of capital in any 
form (currency money, goods, services, jobs, copy  rights and other non-property rights) for the 
purpose of receiving incomes from productive and other forms of economic activities; G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Foreign economic activity - activities of economic entities of Ukraine and foreign economic entities, 
based on mutual relations between them, which take place both on the territory of Ukraine and abroad;  
Foreign economic agreement (contract) - a materially formed agreement between two or 
more foreign economic entities and their foreign counteragents, aimed at establishing, changing or terminating their mutual rights and duties in foreign economic activities; 
 
Import (import of goods) shall be understood as acquisition (including purchase with 
payments made in other than the pecuniary form) of goods by Ukrainian business entities from foreign counterparts, with or without importation of these goods, including such purchases made 
for own consumption by institutions and organisations of Ukraine located beyond its borders; 
 
(Paragraph 14 of Article 1 in the wording of Law of Ukraine  No 335-XIV of 
22 December 1998) 
 
Foreign currency: 
 
- currency in cash, monetary units (banker's bills, state treasury notes, coins) in circulation and be legal as payment means on the territory  of a respective foreign country and also 
withdrawn from the circulation monetary units be subject of exchange for currently valid 
monetary units, 
- payment documents in monetary units of foreign countries and international currency units; 
- money in monetary units of foreign countries, international currency units and Ukrainian 
national currency with free conversion, which are on accounts and deposits in banking-credit institutions on the territory of Ukraine and abroad; 
 
Foreign investments - all types of property and intellectual values, invested by foreign 
economic entities into Ukraine, resulting in incomes (profits) or some social effect; Foreign economic entities - subjects of economic  activities, permanently locating or residing 
outside Ukraine; 
 
(Paragraph 20 of Article 1 changed and amended according to Law of Ukraine 
No 2157-IV of 04 November 2004) 
 
Quotas (contingents) global - quotas for goods without specification of countries (groups of 
countries), where goods are exported or from which goods are imported; 
 Quotas (contingents) of group nature - quotas for goods with specification of countries, 
where goods are exported or from which goods are imported; 
 
Export (import) quota - limit in volume for so me category of goods, permitted for export 
from Ukraine (import to Ukraine) during the established term and which is set up in products or 
cost units; 
 Quotas (contingents) individual - quotas for goods with specification of a definite country, 
where goods may be exported or from which goods may be imported; 
 
Paragraph 25 of Article 1 is expelled.  
(Paragraph 25 was added to Article 1 according to Law of Ukraine  No 335-XIV of 
22 December 1998 
Paragraph 25 was expelled according to Law of Ukraine No 360-V of 
16 November 2006) 
 
Paragraph 26 of Article 1 is expelled. 
 
(Paragraph 26 was added to Article 1 according to Law of Ukraine  No 335-XIV of 22 December 1998  
Paragraph 26 was expelled according to Law of Ukraine No 360-V of 
16 November 2006) G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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Special quotas shall be understood as a marginal import volume enforced with regard to 
certain goods subject to a special investigation and/or special measures, and which goods are allowed to be imported over a certain period , expressed in natural and/or cost units of 
measurement; 
 
(Paragraph 27 was added to Article 1 according to Law of Ukraine  No 335-XIV of 
22 December 1998) 
 
Paragraph 28 of Article 1 is expelled.  
 
(Paragraph 28 was added to Article 1 according to Law of Ukraine  No 335-XIV of 
22 December 1998  
Paragraph 28 was expelled according to Law of Ukraine No 360-V of 
16 November 2006) 
 
Paragraph 29 of Article 1 is expelled.  
 
(Paragraph 29 was added to Article 1 according to Law of Ukraine No 335-XIV of 22 December 1998 
Paragraph 29 was expelled according to Law of Ukraine No 360-V of 
16 November 2006) 
 
Special license shall be understood as a properly executed right to import, over a certain 
period, certain goods subject to a special investigation and/or special procedures. 
 
(Paragraph 30 was added to Article 1 according to Law of Ukraine  No 335-XIV of 
22 December 1998 due to this, paras 25 - 46 shall be read as parts 31- 52 respectively) 
 
Open license (individual) - a permit for export (import) of goods during a set up term (but 
no less than one month) with specification of its total volume; 
 
General license - an open permit for export (import) operations for specified goods and/or a 
specified country (group of countries) during the validity term for license; 
 
Export (import) license - a right for export (import) of specified goods or currency money for 
investments and crediting during a set up term; 
 
Single license (individual) - a one-time permit given to a certain entity for realisation of an 
individual operation by a specified foreign economic entity for the period no shorter than one required for realisation of export (import) operation; 
 
Customs regulation - regulation of issues relating to the establishment of customs duties 
and other taxes administered at the time of the goods’ crossing the customs border of Ukraine, 
through the customs control procedures, organisation of activities of customs control bodies of 
Ukraine 
 
(this paragraph of Article 1 is amended purs uant to the Law of Ukraine of 13 March 2012 
No. 4496 VI)  
International co-operation - co-operation of two or more economic entities, provided at least 
one of them is foreign, for joint design or production, joint realisation of finished products and 
other goods based on specialisation in production of half-finished products (spare parts, units, 
materials, equipment used in complex units) or specialised in technological phases (functions) of 
scientific-research works, production and realisation with co-ordination of respective programs for 
economic activities;  
Moment of realisation of export (import) contract - moment, when all obligations under the 
concluded contract, including forming instruments (bills of exchange) or concluding credit agreements;  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Moment of realisation of export (import) - moment, when goods cross customs border of 
Ukraine or property rights for specified goods, ex ported or imported, is transferred from seller to 
buyer; 
 
(Paragraph 38 of Article 1 changed and amended according to Law of 
Ukraine No 2157-IV of 04 November 2004) 
 
Moral damage - a non-material damage caused to foreign economic entities and which 
resulted or may result in material losses; 
 Limited business practice - realisation of individual or collective measures to limit 
competitiveness and monopolise production, division, exchange, consumption of goods and 
receiving superprofits;  
Transfer of currency money outside Ukraine - a transfer of (currency) money for the benefit 
(to an account) of a foreign economic entity or to a banking-credit institutions, which is not an economic entity of Ukraine; 
 
Advance import deposits - investments made by foreign economic entities to non-interest 
banking accounts, which serve them on the territory  of Ukraine, for the period from the validity 
date of the agreement (contract) until th e transfer of goods under this agreement 
(contract) across the customs border of Ukraine or transfer of goods by foreign economic entities 
on the territory of Ukraine, money in the currency under the agreement (contract) to the amount, established in set up interests to the co st of respective agreement (contract); 
 
(Paragraph 42 of Article 1 changed and amende d according to Law of Ukraine No 2157-IV of 
04 November 2004) 
 
Permanent location - location of the officially  registered chief managing body of a foreign 
economic entity;  
Permanent residence - residence on territory of a country for no less than one year for a 
physical person, who does not have a permanent residence on territories of other countries and having an intention to live on the territory of this country, provided this choice of residence is not 
motivated by official duties or duties under the agreement (contract); 
 
Representative office of foreign economic entity - establishment or person, who represents 
interests of a foreign economic entity in Ukraine and has duly formed respective powers; 
 
Special economic zone - territory, on which a respective law of Ukraine establishes a special 
legal regime for economic activities and special procedure for accomplishment and validity of the 
legislation of Ukraine; 
 
Joint business (economic) activity - an activity based on co-operation of Ukrainian and 
foreign economic entities and share of results and risks of its realisation; 
 
Joint ventures - enterprises based on joint capital of Ukrainian economic entities and foreign 
countries, joint managing and share results and risks of their activities; 
 
(Paragraph 48 of Article 1 changed and amende d according to Law of Ukraine No 2157-IV of 
04 November 2004) 
 
Goods - any products, services, jobs, intellectual property rights and other non-property 
rights allotted for sale; 
 
Goods group - a group of homogeneous goods under the designed system and codes; 
Transit of goods – the moving of goods through th e territory of Ukraine without using these goods 
in any way in the this territory; 
 (this paragraph of Article 1 is in the wording of  the Law of Ukraine of 13 March 2012, No. 4496-VI) 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Lost profit - income or profit which a person engaged in foreign economic activity could 
receive as a result of performing a foreign economic transaction and which was not received due to circumstances not dependent on this person, provid ed that the amount of such income or profit 
can be substantiated. 
 
(the paragraph was added to Article 1 pursuant  to the Law of Ukraine of 04 February.2009 
No. 923-VI, and a paragraph of Article 1 was left out pursuant to Law of Ukraine of 13 March 2012 
No. 4496-VI) 
 
Article 9. Bodies for State Regulation of Foreign Economic Activities 
 
The supreme body, realising the state regulati on of foreign economic activities, is the 
Verkhovna Rada
3 of Ukraine. The competence of the Verkhovna Rada of Ukraine shall include: 
 
- adoption, change and termination of laws as to foreign economic activities; 
- approval of main directions of the foreign economic policy of Ukraine; - consideration, approval and change of the st ructure of bodies for the state regulation of 
foreign economic activities; 
- concluding international agreements of Ukraine in accordance with the laws of Ukraine on international agreements of Ukraine and bringing the current legislation of Ukraine into accord with the regulations, provided by these agreements; 
 
Paragraph 6 of Part 1 of Article 9 has been suspended.  
(The validity of Paragraph 6 of Part 1 of Arti cle 9 has been suspended according to Decree  
No 15-93 of February 19, 1993)  
- setting up special regimes for foreign economic activities on the territory of Ukraine in 
accordance with articles 24, 25 of this Law; - approval of lists of goods the export and import of which is prohibited in accordance with articles 16, 17 of this Law.  
 
(paragraph 8 of part 1 of Article 9 is amended  
 pursuant to Law of Ukraine of 16 November 2006 No. 360-V) 
 
making decisions on application of measures in response to discriminatory and/or hostile 
actions of other states, customs unions or economic associations by way of imposing a 
complete/partial prohibition (complete/partial embargo) on trade; revoking the most-favoured-
nation treatment or a privileged special treatment.  
(paragraph nine was added to part one of Article 9  
 pursuant to Law of Ukraine of 23 February 2012 No. 4436-VI) 
 
The Cabinet of Ministers of Ukraine shall: 
 
- take measures to carry out the foreign economic policy of Ukraine in accordance with laws of Ukraine; 
- coordinate activities of ministries, state committees and governmental departments of 
Ukraine for regulation of foreign economic activities; co-ordinate the work of trade representations of Ukraine in foreign countries; - take normative acts for managing foreign economic activities, where it is provided by the 
laws of Ukraine; 
- negotiate and conclude international agreements of Ukraine on foreign economic activities, where it is provided by the laws of Ukraine on international agreements of Ukraine, provide 
realisation of international agreements of Ukraine on foreign economic activities by all state 
managing bodies, subordinated to the Cabinet of Ministers of Ukraine; - within their competence, set up by the laws of Ukraine, submit for consideration to the 
Verkhovna Rada of Ukraine proposals on the system of ministries, state committees and 
governmental departments - bodies of operative state regulation of foreign economic 
                                               
3 Verkhovna Rada shall mean the Parliament of Ukraine G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  activities, which powers can not be superior to the powers of the Cabinet of Ministers of 
Ukraine, which it has in accordance with the laws of Ukraine; - ensures preparation of the balance of paymen t and the consolidated foreign exchange plan 
of Ukraine;  
- paragraph 8 of part 2 of article 9 is left out 
 
(paragraph 8 of part 2 of article 9 is amended pursuant to Law of Ukraine of 
04 February 2009 No. 923-VI and the Ruli ng of the Constitutional Court of 
Ukraine of 23 June 2009 No. 15-rp/2009, left out in accordance with 
Law of Ukraine of 13 March 2012 No. 4496-VI) 
 
- take measures to ensure rational use of money of the State currency fund of Ukraine; 
- ensure the implementation of decisions of th e United Nations Security Council on issues 
related to foreign economic activities. 
 
(The Paragraph added to Part 2 of Article 9 according to Law of Ukraine No 362-IV of 25 December 2002)  
 
make decisions on application of measures in response to discriminatory and/or hostile actions of other states, customs unions or economic associations by introducing a licensing regime.  
(paragraph 11 was added to part 2 of Article 9 pursuant to Law of Ukraine of 23 February 2012 
No. 4436-VI)  
The National Bank of Ukraine shall: 
- provide keeping and use of the gold and currency reserve of Ukraine and other state 
values, which provide for Ukraine ability to pay; 
- represent interests of Ukraine in relations with the central banks of other countries and 
other financial-credit institutions and conclude respective interbank agreements; - regulate the rate of the national currency of Ukraine to monetary units of other states; - prepare reports and accounts as to state cr edits and loans, realise operations with 
centralised currency resources, which are allotted from the State currency fund of Ukraine to 
the disposal of the National Bank of Ukraine; 
 
Paragraph 6 of Part 3 of Article 9 has been suspended. 
 (The validity of Paragraph 6 of Part 3 of Ar ticle 9 has been suspended according to Decree 
No 25-93 of 17 March 1993) 
 
- realise other functions in accordance with the Law of Ukraine "Banks and Banking Activities" and other laws of Ukraine. The Na tional Bank of Ukraine may delegate these 
functions to a bank for realisation of fo reign economic activities of Ukraine. 
 The central economic policy executive agency of Ukraine shall: 
 
- provide a single foreign economic policy during foreign economic activities exercised by foreign economic entities coming out to the foreign market, co-ordination of their foreign 
economic activities, including following the international agreements of Ukraine; 
- exercise control over all foreign economic en tities follow the current laws of Ukraine and 
the conditions under international agreements; 
 
(Pargraph 4 of Part 4 of Article 9 has been suspended according to Decree of the Cabinet of 
Ministers of Ukraine  No 6-93 of 12 January 1993) 
 
- carry out antidumping, anti-subsidy, and special investigations in keeping with procedures 
established by the laws of Ukraine; 
 
(Paragraph 5 was added to Part 4 of Article 9 according to Law of 
Ukraine  No 335-XIV of 22 December 1998) 
 
- fulfil other functions in accordance with th e laws of Ukraine and the Regulations on the 
central economic policy executive agency. G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  The Customs Service of Ukraine shall: 
 - exercise customs control in Ukraine in accordance with the Ukrainian legislation in force; The Antimonopoly Committee of Ukraine shall: 
- exercise control over foreign economic entiti es' observing the legislation on the protection 
of the economic competition.  
(Part 6 was added to Article 9 according to Law of Ukraine  No 82/95 of 2 March 1995; changed 
and amended according to Law of Ukraine No 1294-IV of 20 November 2003 ) 
 Interdepartmental Commission on International Trade shall: 
 
- exercise on-line state regulation of foreign trade activities in Ukraine in keeping with the laws of Ukraine; 
- make decisions relating to the commencement and execution of antidumping, anti-subsidy 
or special investigations, and antidumping, countervailing or special measures. 
 
(Part 7 was added to Article 9 according to Law of Ukraine  No 335-XIV of 22 December 1998).  
- make decisions on application of measures in response to discriminatory and/or hostile 
actions of other states, customs unions or economic associations within the competence 
established by laws of Ukraine. 
- (paragraph four was added to part 7 of Article 9 pursuant to Law of Ukraine of 
23 February 2012, No. 4436-VI) 
Article 31. Measures against Unfair Compet ition and Growing Import in the Foreign 
Trade Sphere 
 
Unfair competition in the foreign trade sphere shall be understood as 
 
- dumping import subject to antidumping measures; - subsidised import subject to countervailing measures; 
- other acts recognised as unfair competition under the laws of Ukraine. 
 
Growing import shall be understood as imports in amounts and/or in conditions causing 
considerable damage or threatening such damage to Ukrainian producers of such goods. 
 
Proceeding from the results of antidumping, anti-subsidy or special investigations carried out 
under the laws of Ukraine, decisions shall be made on antidumping, countervailing or special 
measures, which decisions may be appealed from in due course of law within one month from the date of commencement thereof, in keeping with pr ocedures established by the laws of Ukraine. 
 
Free trade, preferential, and special preferenti al trade regimes (frontier (coastal) trade, 
special (free) economic areas, and other procedur es envisaged by the laws of Ukraine), customs 
and other privileges effective when importing goods subject to antidumping, countervailing or 
special measures shall be suspended for the duration of the above procedures. 
 
(Article 31 as amended by the Laws of Ukraine No  75/95-VR of 28 February 1995, No 82/95-VR of 
02 March 1995;  in the wording of Law No 335-XIV of 22 December 1998) G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  CABINET OF MINISTERS OF UKRAINE 
RESOLUTION OF THE CABINET OF MINISTERS OF  UKRAINE ON APPROVING THE PROCEDURE FOR 
PROTECTING INTERESTS OF DOMESTIC PRODUCERS DURING THE CONDUCT BY FOREIGN 
COUNTRIES, THEIR ECONOMIC OR CUSTOMS UN IONS OF ANTIDUMPING, SPECIAL SAFEGUARD 
AND COUNTERVAILING INVESTIGATIONS IN RE SPECT OF IMPORTS OF UKRAINIAN ORIGIN 
of 7 June 2006 No. 801 
Kyiv 
As amended in accordance with Resolution of th e Cabinet of Ministers of Ukraine of 1 June 2011 
No. 578 
To enhance the protection of domestic producers'  interests and ensure free access of goods of 
Ukrainian origin to the foreign market, the Cabi net of Ministers of Ukraine hereby resolves: 
 
To approve the Procedure for protecting interests of domestic producers during the conduct by foreign countries, their economic or customs unions of antidumping, special safeguard and 
countervailing investigations in respect of imports of Ukrainian origin (attached). 
  
 
 
Prime Minister of Ukraine   
Yu. Yekhanurov  
 
 
Ind. 27   
 
 APPROVED 
by Resolution of the Cabinet of Ministers of Ukraine 
of 7 June 2006, No. 801  
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  PROCEDURE 
FOR PROTECTING INTERESTS OF DOMESTIC  PRODUCERS DURING THE CONDUCT BY 
FOREIGN COUNTRIES, THEIR ECONOMIC OR  CUSTOMS UNIONS OF ANTIDUMPING, 
SPECIAL SAFEGUARD AND COUNTERVAILING INVESTIGATIONS IN RESPECT OF 
IMPORTS OF UKRAINIAN ORIGIN 
(Throughout the Procedure's text the term "Ministry of Economic Development and Trade" has 
been replaced with the words "Ministry of Ec onomic Development and Trade" in respective 
deflections pursuant to the Resolution of the Cabinet of Ministers of Ukraine 
of 1 June 2011 No 578) 
 1. This Procedure shall stipulate the mechanis m for the effectuation by central executive 
authorities of the protection of interests of dome stic producers that are carrying out transactions 
to supply Ukrainian-origin goods at the time when foreign countries, their economic or customs unions conduct antidumping, special safeguard and countervailing investigations in respect of 
imports of such goods (the "investigations"). 
 2. The Ministry of Economic Development and Trad e shall ensure the protection of interests of 
domestic producers at the time when an investigation is being conducted. 
 The Ministry of Foreign Affairs, using foreign diplomatic missions of Ukraine and other central executive authorities, shall assist the Ministry of Economic Development and Trade in carrying out 
such protection, including in organization of foreign business travel at the time of performing such 
protection.   
The Ministry of Economic Development and Trade may contact, acting through the Ministry of 
Foreign Affairs, Ukraine's diplomatic missions abroad to ensure that protection is provided with respect to the interests of domestic producers during the investigation, as well as address them 
with requests to provide informational and analytical materials and statistical data concerning the 
state of the market of the respective host country.   
(clause 2 is in the wording of the Resolution of the Cabinet 
of Ministers of Ukraine of 01 June 2011 No. 578) 
 3. Ukraine's diplomatic missions abroad shall monitor the foreign states' official sources for 
information concerning a risk of initiation of an investigation or a fact of such an initiation, and 
shall promptly report it to the Ministry of Economic Development and Trade through the Ministry of Foreign Affairs, in particular using an electronic system for information exchange.  
 
If Ukraine's diplomatic missions abroad receive fr om competent bodies of respective foreign states, 
an economic or customs union of such states (her einafter – the competent authorities) information 
regarding a filing of an application to initiate an investigation, or information concerning initiation 
or administration of an investigation, application of relevant measures, or other information on the 
substance of the investigation, the specified missions shall immediately forward this information following the applicable procedure to the Ministry  of Economic Development and Trade through the 
Ministry of Foreign Affairs.  
 If Ukraine's diplomatic missions abroad receive from competent authorities the materials 
addressed to domestic producers, such materials shall be immediately forwarded by the specified 
missions directly to the addressees.   In the event of initiation of an investigation, the Ukrainian diplomatic mission abroad shall review 
and immediately forward to the Ministry of Econ omic Development and Trade through the Ministry 
of Foreign Affairs the statistical data concerning the volume of imports of the goods which are subject to the investigation, the dynamics of prod uction, sales and consumption of such goods in 
the foreign state in question, as well as other information concerning results of the investigation 
and application of measures.  G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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  Interested domestic producers may directly inform the Ministry of Economic Development and 
Trade of an investigation being conducted. 
 
(clause 3 is in the wording of the Resolution of the Cabinet of 
Ministers of Ukraine of 01 June 2011 No. 578) 
 4. After receiving information about the conduct of an investigation, the Ministry of Economic 
Development and Trade shall: 
 provide information to this effect to the interested central executive authorities and domestic producers and, if needed, request additional information from those relating to the investigation; 
 
apply to the State Customs Service for information regarding export operations to supply Ukrainian-origin goods (information about export ers, importers, the value and volume of goods 
shipments, etc.) in respect of which the investigation is conducted. 
 Upon receiving an inquiry from the Ministry of Economic Development and Trade, central executive 
authorities and domestic producers shall promptly  submit necessary information. The domestic 
producer may specify that the information is confidential. In this case, the Ministry of Economic Development and Trade shall ensure no n-disclosure of the information.  
 
5. The domestic producer shall, upon request or on its own initiative, inform the Ministry of 
Economic Development and Trade of its intention to participate in the investigation as an interested party. 
 
If the domestic producer has not submitted the necessary information or notified of its refusal to participate in the investigation, the Ministry of Economic Development and Trade shall, based on 
information provided by interested central executive authorities and domestic producers, approve 
the decision on expedience of Ukrainian Party's participating in the investigation.   6. To ensure participation by the Ukrainian Party in the investigation, the Ministry of Economic 
Development and Trade shall, directly or through the Ministry of Foreign Affairs, apply within the 
established deadline to the competent authorities to receive the materials on the basis of which the decision was approved to conduct the investigation, and to register the Ministry of Economic 
Development and Trade and (or) the respective di plomatic mission of Ukraine as an interested 
party to the investigation.  
Participation of a domestic producer in an investigation shall be ensured by way of such domestic 
producer's applying to the competent authority for registration as an interested party to the investigation and for further fulfillment of its rights and obligations as provided for under the legislation of the foreign states, their economic or customs unions, which are conducting the 
investigation. 
 
(clause 6 is in the wording of the Resolution of the Cabinet of Ministers 
of Ukraine of 01 June 2011 No. 578) 
 7. Before competent authorities of the foreign country approve a final decision based on the 
results of the investigation, the Ministry of Economic Development and Trade shall be entitled to:  
 independently or together with representatives from the Ministry of Foreign Affairs, other central executive authorities, and interested domestic producers, initiate the conduct and participate in 
consultations with competent authorities regarding the investigation; 
 prepare a justification of the Ukrainian party's position and send it to the competent authorities; 
 
independently or together with representatives of Ukraine's diplomatic missions abroad, the Ministry of Foreign Affairs, other central executive authorities, and interested domestic producers, 
participate in public events (hearings, meetings) that are held as part of the investigation; 
 
(paragraph four of clause 7 is amended pursuant to the Resolution of the Cabinet of Ministers of 
Ukraine of 01 June 2011 No. 578) 
 G/ADP/N/1/UKR/1/Suppl.1 • G/SCM/N/1/UKR/1/Suppl.1 • G/SG/N/1/UKR/1/Suppl.1 
 
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conduct negotiations, if necessary, prepare and submit proposals in accordance with the established procedure regarding the entry into international treaties with foreign countries with the view to ensuring free access by Ukrainian-origin goods to the foreign market.  
 
If the Ministry of Economic Development and Trad e is unable to take part in the hearings and 
consultations, then representatives of Ukraine's di plomatic missions will participate in these events 
to present the Ukrainian party's position formulat ed by the Ministry of Economic Development and 
Trade. 
(the above paragraph has been added to clause 7 pursuant to Resolution of the Cabinet of 
Ministers of Ukraine of 01 June 2011 No. 578) 
 
8. The Ministry of Economic Development an d Trade shall inform the interested central 
executive authorities of the results of the investigation.  
 
9. If a foreign country, an economic or customs union of countries should apply antidumping, countervailing and other restrictive measures to goods of Ukrainian origin, or should they review 
any restrictive measures introduced earlier, the protection of domestic producers' interests shall be 
carried out in accordance with this Procedure.   
__________