G/ADP/Q1/ARM/6
G/SCM/Q1/ARM/6
G/SG/Q1/ARM/3
5 May 2015
(15-2388)  Page: 1/2
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 NOTIFICATIONS OF ARMENIA2 
The following communication, dated 30 April 2015, is being circulated at the request of the 
Delegation of Armenia. 
_______________ 
 
Antidumping 
 
Question 1 
 In its laws and regulations notification, Ar menia listed eight measures the enforcement 
of which will be extended to include the terri tory of Armenia upon accession. Given that 
the domestic industry of Armenia was not ta ken into account when the original measure 
was put into place, what type of process does  the EaEU envision will take place to do a 
re-assessment of material injury to the "dom estic" industry to take the addition of 
Armenia into account? What will be the timi ng of such a process for each measure? 
 Reply 
 Concerning the Question 1 contained in the communication dated 7 April 2015 circulated by the United States Delegation, we would like to inform that according the Article VI, Paragraph 47 of the Annex 3 to the Treaty on the Accession of the Republic of Armenia to the Treaty on the 
Eurasian Economic Union: "… the body responsible for conducting investigations preceding the 
introduction of special protective, anti-dumping, and compensatory measures in the customs territory of the Eurasian Economic Union, upon its initiative or based on an application of an 
interested party, and in accordance with the Protoc ol on the Application of Special Protective, Anti-
Dumping, and Compensatory Measures with Respect to Third Countries (Annex 8 to the Treaty on 
the Eurasian Economic Union dated 29 May 2014), may carry out a repeat investigation in relation 
to special protective, anti-dumping, and compensatory measures that are in effect in the Eurasian 
Economic Union on the date of entry into force of the Treaty".  Meanwhile, "A decision to launch such a repeat investigation may be taken only when there is 
sufficient evidence that the use of data on the ma rket of the Republic of Armenia for purposes of 
an investigation, which could lead to a decision on the application of a special protective, anti-dumping, or compensatory measure, would result in a material change in the grounds for 
introducing the respective measure". 
 In this respect, taking into account the relatively small share (about 1.5%) of the Armenian 
market and trade turnover in the total EAEU ma rket and trade turnover, the possible repeat 
investigation presumably will not have sufficient evidence on the results of such investigation. 
                                               
1 G/ADP/Q1/ARM/5-G/SCM/Q1/ARM/5-G/SG/Q1/ARM/2.  
2 G/SG/N/6/ARM/1-G/SG/N/8/ARM/1-G/SG/N/10/ARM/1-G/SG/N/11/ARM/1 (dated 16 January 2015); 
G/SG/N/6/ARM/2-G/SG/N/8/ARM/2-G/SG/N/10/ARM/2-G/SG/N/11/ARM/2 (dated 16 January 2015); and G/ADP/N/1/ARM/1/Suppl.3-G/SCM/N/1/ARM/1/Suppl.1-G/SG/N/1/ARM/1/Suppl.1 (dated 11 February 2015). G/ADP/Q1/ARM/6 • G/SCM/Q1/ARM/6 • G/SG/Q1/ARM/3 
 
- 2 - 
 
   
At the same time, we are currently carrying out consultation with our colleagues from EAEU Commission to access the possibility, as well as reasonability of repeat investigation and would be ready to inform our colleagues from the US delegation and the interested Committee 
members about results of such consultations. 
 Safeguards 
 Question 2  Article 2 of the WTO Agreement on Safeguards  states that a safeguard measure may be 
applied by a Member if the Member has dete rmined that a product "is being imported 
into the territory in such increased quanti ties, absolute or relative to domestic 
production, and under such conditions as to ca use or threaten to cause serious injury to 
the domestic industry that produces like or directly competitive products." Given that 
the domestic industry of Armenia was not ta ken into account when the original measure 
was put into place in recent safeguard determ inations taken by the EaEU, what type of 
process does the EaEU envision will take plac e to do a re-assessment of serious injury to 
the "domestic" industry to take th e addition of Armenia into account?
3 What will be the 
timing of such a process for each measure? 
Reply 
 
Concerning the Question 2 contained in the communication dated 7 April 15 circulated by the United States Delegation, we would like to inform that according the Article VI, Paragraph 47 of 
the Annex 3 to the Treaty on the Accession of the Republic of Armenia to the Treaty on the 
Eurasian Economic Union: "… the body responsible for conducting investigations preceding the introduction of special protective, anti-dumping, and compensatory measures in the customs 
territory of the Eurasian Economic Union, upon its initiative or based on an application of an 
interested party, and in accordance with the Protoc ol on the Application of Special Protective, Anti-
Dumping, and Compensatory Measures with Respect to Third Countries (Annex 8 to the Treaty on 
the Eurasian Economic Union dated 29 May 2014), may carry out a repeat investigation in relation 
to special protective, anti-dumping, and compensatory measures that are in effect in the 
Eurasian Economic Union on the date of entry into force of the Treaty".  
Meanwhile, "A decision to launch such a repeat investigation may be taken only when there is 
sufficient evidence that the use of data on the ma rket of the Republic of Armenia for purposes of 
an investigation, which could lead to a decision on the application of a special protective, anti-
dumping, or compensatory measure, would result in a material change in the grounds for 
introducing the respective measure".  In this respect, taking into account the relatively small share (about 1.5%) of the Armenian 
market and trade turnover in the total EAEU ma rket and trade turnover, the possible repeat 
investigation presumably will not have sufficient evidence on the results of such investigation. 
 
At the same time, we are currently carrying out consultation with our colleagues from EAEU 
Commission to access the possibility, as well as reasonability of repeat investigation and would be ready to inform our colleagues from the US delegation and the interested Committee members 
about results of such consultations. 
  
__________  
                                               
3 See Article 2 n.1 ("When a customs union applie s a safeguard measure as a single unit, all the 
requirements for the determination of serious injury or threat thereof unde r this Agreement shall be based on 
the conditions existing in the customs union as a whole.").