G/ADP/Q2/UKR/1  
 
7 November 2014  
(14-6510)  Page: 1/2  
Committee on Anti-Dumping Practices  Original: English  
 
 ARTICLE 16.4 OF THE AGREEMENT 
SEMI-ANNUAL REPORT OF AN TI-DUMPING DUTY ACTIONS 
 
INTERIM REVIEW BY UKRAINE OF THE ANTI-DUMPING MEASURE ON AMMONIUM 
NITRATE ORIGINATING IN THE RUSSIAN FEDERATION 
QUESTIONS POSED BY THE RUSSIAN FEDERATION1 
The following communication, dated 6 November 2014,  is being circulated at the request of the 
Delegation of the Russian Federation.  
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 Question 1 
 
Please indicate legal provisions in the Ukraine law No. 330- ХІУ of 22 December 1998 on protection 
of national producers against dumped imports ("the Ukrainian Anti-Dumping Law") or other legal 
acts which Ukraine considers to be relevant to the rejection of producers' or exporters' prices and 
cost data and their replacement with alternat ive data for the purposes of dumping margin 
calculation.  
Question 2 
 Please confirm that the legal basis to carry out anti-dumping investigations and to apply 
anti-dumping measures in Ukraine is the Ukrainian Anti-Dumping law. 
 Question 3 
 
Please identify any published or internal working documents that define or explain what constitutes 
"ordinary course of trade".  
Question 4 
 Please explain whether Ukraine considers that the fa ct of regulation by the government of prices 
for certain inputs can lead to a finding that sales are not made in the ordinary course of trade 
because of the alleged effect of the regulation on costs and, if so, on what grounds?  
Question 5 
 Please specify what kind of costs of production sh ould be "adjusted" or "established" in accordance 
with the Ukrainian Anti-Dumping Law, and whether this shall be done only when the costs in 
question constitute an important part of the total production costs? 
                                               
1 This document G/ADP/Q2/UKR/1 cancels and replac es in English, French and Spanish the document 
G/ADP/Q2/RUS/1 dated 7 November 2014  which contained a wrong symbol. G/ADP/Q2/UKR/1 
 
- 2 - 
 
  Question 6 
 Please confirm that Ukraine "adjusted" or "established" costs of production only once in 2014 in the specific case of the interim review of th e anti-dumping measure on imports of ammonium 
nitrate originating in the Russian Federation, be cause the Government of the Russian Federation, 
in the Ukraine's authority view, regulates the prices for certain inputs.  
Question 7 
 Please explain whether Ukraine always examines th e reasonableness or adequacy of the cost data 
that are recorded in accordance with generally accepted accounting principles before accepting the 
recorded cost data as the basis for the costs and normal value determination. What determines the 
decision to examine the reasonableness of the re corded costs? Please provide references to any 
published documents explaining the approach. 
 
Question 8  
Please clarify the legal basis under the WTO Anti -Dumping Agreement for replacing the cost data 
accurately reflected in the records of the producers or exporters under the investigation in accordance with generally accepted accounting principles with cost data from other sources, including "other producers and exporters in the sa me country" or "other representative markets". 
If this approach is provided for in the Ukrainian Anti-Dumping Law, please clarify whether these 
provisions are consistent with the WTO Anti-Dumping Agreement in light of the answers for the aforesaid questions. 
 
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