G/ADP/Q1/UKR/11  
G/SCM/Q1/UKR/11  
G/SG/Q1/UKR/11  
 
4 July 2013  
(13-3555)  Page: 1/4  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Committee on Safeguards 
 Original: English  
 
 NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
REPLIES TO QUESTIONS POSED BY THE UNITED STATES1 
REGARDING THE NOTIFICATION OF UKRAINE2 
The following communication, dated 1 July 2013, is being circulated at the request of the 
Delegation of Ukraine.  
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Question 1  
In its 2008 notifications to these Committees
3, Ukraine notified excerpts from The Law 
"On Amendments to the Law of Ukraine "On the Unified Customs Tariff", 22 December 
1998, No. 334-XIV [hereinafter "Law of Uk raine Unified Customs Tariff"]. These 
excerpts do not appear to be included or modified in the Ukraine's current notification. 
The current notification includes certain exce rpts from The Customs Code of Ukraine As 
Amended and Supplemented (by various laws which seem to have been enacted or 
implemented in 2012) [hereinafter "Customs Code of Ukraine"]. These excerpts do not 
appear to have been included in Ukraine's 2008 notification. 
 
 Could you please clarify the relationsh ip between the Law of Ukraine Unified 
Customs Tariff and the Customs Code of Ukraine? 
 Are there corresponding amendments to the Law of Ukraine on the Unified 
Customs Tariff that have yet to be notifi ed by Ukraine? If so, when will those 
amendments be notified to the WTO? 
 Since excerpts to the Customs Code of Ukraine do not seem to have been 
previously notified, the United States cannot fully evaluate the nature of the 
amendments and provisions included in the 2013 notification. Could Ukraine please identify the nature of the revisi ons to the Customs Code of Ukraine as 
notified and the resultin g practice implications? 
Reply 
 
 It is foreseen by Chapter XXI "FINAL AN D TRANSITIONAL PROVISIONS" (paragraph 2, 
subparagraph 6) of the current Customs Code of Ukraine that since the entry into force of this Code, the Law of Ukraine "On Unified Customs Tariff" is repealed; 
 In connection with the termination of the Law of Ukraine "On Unified Customs Tariff", 
there is no obligation to notify amendment to the mentioned Law; 
                                               
1 G/ADP/Q1/UKR/9 – G/SCM/Q1/UKR/9 – G/SG/Q1/UKR/9. 
2 G/ADP/N/1/UKR/1/Suppl.1-G/SCM/N/1/UKR/1/Suppl.1-G/SG/N/1/UKR/1/Suppl.1 (dated 
26 February 2013). 
3 G/ADP/N/1/UKR/1, G/SCM/N/1/UKR/1, G/SG/N/1/UKR/1. G/ADP/Q1/UKR/11 • G/SCM/Q1/UKR/11 • G/SG/Q1/UKR/11 
 
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   The notified amendments to the Customs Code and its respective provisions as regards 
implementation of the trade remedies legisl ation are aimed at overall improvement of 
customs administration and control. 
Question 2 
 
In Chapter 42, Article 281 (Tariff privileges (t ariff preferences)) of the Customs Code of 
Ukraine, paragraph 5 states "If the import of  the product is an object of antidumping, 
countervailing or special (safeguard) measur es, tariff privileges (t ariff preferences) 
shall not be established or shall be stopped or  suspended, if not otherwise stipulated by 
international agreements the consent to the obligatoriness {sic} of which was given by 
the Verkhovna Rada of Ukraine." Given that  the overwhelming majority of Ukraine's 
trading partners are WTO Members and th at any antidumping, countervailing or 
safeguard measures are to be applied in a ccordance with the WTO Antidumping, Subsidy 
and Countervailing Measures and Safeguard Agr eements, and irrespective of any tariff 
privilege (tariff preference), under what scenario would Ukraine apply such duty 
substitution? How would such duty substitution be consistent with Article 288 (Peculiarities of taxation by special types of customs duty), paragraph 1, which states 
"Special (safeguard) duty, antidumping duty  and countervailing duty shall be applied 
independently of the other types of customs duty under conditions determined by law" 
(emphasis added). 
 
Reply 
 
 If the international agreement signed by Uk raine stipulates exemption from levying of 
special (safeguard) duty, anti-dumping duty or  countervailing duty, such duties will not 
be applied. 
 Special (safeguard) duty, antidumping du ty and countervailing duty is applied 
independently of any types of customs duty in cluding tariff privileges (tariff preferences) 
as stated in Article 288, paragraph 1 of The Customs Code of Ukraine. 
Question 3 
 
The United States notes that there are num erous discrete, and apparently technical, 
revisions to the Law "On Protection of the National Producer Against Dumped Imports", 
the Law "On Protection of National Industry  Against Subsidized Imports", and the Law 
"On Application of Safeguar d Measures Against Imports to Ukraine." For example, 
throughout legislation contained in the current  notification, the term "customs fee" is 
deleted in phrases such as, "….including du ty and customs fees charged while importing 
certain types of products into the customs territory of the importing country." See the 
Law "On Protection of the National Produc er Against Dumped Imports", Chapter IV, 
Article 14, Para. 12; see  also Article 16, Para.8; Chapter VI, Article 28. 
 
 Could Ukraine please explain the reason for the deletion of the term "customs 
fees" throughout the current notification? 
 Furthermore, could Ukraine please identi fy the overall reasons for each of the 
various revisions and the resulting practice implications? 
Reply 
 
 The term "customs fees" was deleted because of the absence of this term in the new 
Customs Code of Ukraine. 
 The notified amendments are aimed at th e overall improvement of customs laws.  
Question 4 
 
In the Law "On Protection of the National Producer Against Dumped Imports", Chapter 
II, Article 7, paragraph 2 states "Where an exporter does not produce or sell the similar G/ADP/Q1/UKR/11 • G/SCM/Q1/UKR/11 • G/SG/Q1/UKR/11 
 
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  goods in the exporting country, the normal va lue shall be determined basing {sic} on 
the prices, established by other sellers or  producers." Could Ukraine please specify 
whether the origin of the prices "establis hed by other sellers or producers" would 
originate from other sellers or producers with in Ukraine, from a th ird country, or from 
the subject country? 
 Reply 
 Article 7, paragraph 2 of the Law of Ukraine "On Protection of the National Producer Against Dumped Imports" states that the origin of the prices "established by other seller or producers" would originate from other sellers or producers within the subject country. 
 
Question 5  
In the Law "On Application of Safeguard Measures Against Imports To Ukraine", 
Chapter III, Article 9, paragraph 4 disc usses the circumstances under which an 
interested party may apply for a hearing in a safeguard investigation. Sub-paragraph 2 
states "safeguard reasons" as one of the qualifying circumstances. Given that sub-
paragraph 1 states "the interests and the re sults {of the safeguard investigation}" as a 
qualifying reason, could Ukraine please clarif y as to what "safeguard reasons" pertains 
to?  
 
Reply 
 
In Article 9, paragraph 4 of the Law "On Application of Safeguard Measures Against Imports To 
Ukraine", sub-paragraph 2 originally states "special (substantial) reasons" as one of the qualifying circumstances and should be read as follows: 
"2. Provided that there are special/substantial re asons for such hearings to be held" (emphasis 
added).  Question 6 
 
The United States notes that in the revi sions to the Law of Ukraine "On Foreign 
Economic Activity" that the following language  was added in Article 9, Bodies for State 
Regulation of Foreign Economic Activities: 
 to the "competence" or functions of th e Verkhovna Rada of Ukraine: "making 
decisions on applications 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/part ial embargo) on trade; 
revoking the most-favoured-nation treatm ent or a privileged special treatment"; 
 
to the functions of the Cabinet of Minist ers: "make decisions on applications of 
measures in response to discriminatory and/or hostile actions of other states, 
customs unions or economic associations by introducing a licensing regime"; 
 
to the functions of the Interdepartmen tal Commission on International Trade: 
"make decisions on application of measures  in response to discriminatory and/or 
hostile actions of other states, customs uni ons or economic association within the 
competence established by the laws of Ukraine."  
 Could Ukraine please explain what is me ant by "…applications of measures in 
response to discriminatory and/or h ostile actions of other states, customs 
unions or economic associations…" as mentioned in the notification? What 
types of discriminatory or hostile acti ons would warrant taking such measures? 
How would these discriminatory or host ile actions be substantiated by an 
administrating authority response for antidumping, countervailing duty and/or 
safeguards? 
 Could Ukraine please clarify how the imp osition of these measures, in response 
to any substantiated discriminatory and/or  hostile actions, would be consistent G/ADP/Q1/UKR/11 • G/SCM/Q1/UKR/11 • G/SG/Q1/UKR/11 
 
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  with the WTO Agreements on Antidumping, Subsidies and Countervailing 
Measures or Safeguards? 
Reply 
 
Measures in response to discriminatory and/or hostile actions of other states, customs unions or 
economic association within the competence established by the laws of Ukraine, as provided in Article 9 of the Law of Ukraine "On Foreign Ec onomic Activity", are not applied to the WTO 
members, because, pursuant to Article 29 of the La w of Ukraine "On Foreign Economic Activity", if 
Ukraine and the State (custom union or economic association) that has applied to Ukraine discriminatory and/or hostile measures, are member s of the same international intergovernmental 
organization, then review and resolution of disputed situations is settled pursuant to the rules and 
procedures of such organization.  
 In case of discriminatory and / or hostile measures  by the WTO members, it is expected to apply 
WTO dispute settlement rules and procedures. 
 As to the countries that are not WTO Members, the Article 29 of the Law of Ukraine "On Foreign 
Economic Activity" provides a list of measures that can be applied in response to discrimination or 
hostile actions such as:  -  imposing of partial ban (partial embargo) on trade;  
-  imposing of complete ban (complete embargo) on trade; 
-  deprivation MFN or preferential special treatment; -  introduction of a special duty  
-  introducing of licensing regime; 
-  assignment of quotas on imports; -  other measures stipulated by laws and international treaties of Ukraine. 
 
In particular, special duty is applied in accordance to the decision of Interdepartmental Commission for International Trade based on results of the anti-discriminatory investigation.  
Measures in response to discriminatory and/or hostile actions of other states, customs unions or 
economic associations are applied according to the Articles 9 and 29 of the Law of Ukraine "On Foreign Economic Activity" and Resolution of the Cabinet of Ministers of Ukraine of 
22 November 1999 No.2120 "Procedure for conducting of investigations concerning the facts of 
discriminatory and/or hostile actions of other countries, customs unions or economic associations as regards the legitimate rights and interests of subjects of foreign trade of Ukraine". 
 
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