WT/DS493/6  
 
27 August 2018  
(18-5347) Page: 1/2 
  Original: English  
 
UKRAINE – ANTI -DUMPING MEASURES ON AMMONIUM NITRATE  
NOTIFICATION OF AN A PPEAL BY UKRAINE  
UNDER ARTICLE 16.4 A ND ARTICLE 17 OF THE  UNDERSTANDING ON RUL ES 
AND PROCEDURES GOVER NING THE SETTLEMENT OF DISPUTES (DSU),  
AND UNDER RULE 20(1)  OF THE WORKING PROCEDURES FOR APPEL LATE REVIEW  
The following communication, dated 23 August 2018, from the Delegation of Ukraine, is being 
circulated to Members.  
 
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Pursuant to Article 16.4 of the DSU Ukraine hereby notifies to the Dispute Settlement Body  its 
decision to appeal to the Appellate Body certain issues of law covered in the Panel Report and 
certain legal interpretations developed by the Panel in the dispute Ukraine – Anti-Dumping 
Measures on Ammonium Nitrate  (WT/DS493). Pursuant to Rule 20(1) o f the Working Procedures 
for Appellate Review, Ukraine simultaneously files this Notice of Appeal with the Appellate Body 
Secretariat.  
For the reasons to be further elaborated in its submissions to the Appellate Body, Ukraine appeals, 
and requests the App ellate Body to reverse the findings, conclusions and recommendations of the 
Panel, with respect to the following errors contained in the Panel Report:1  
a. the Panel erred when finding that Russia's Panel Request identified the 2008 and the 
2010 Decisions as measures at issue within the meaning of Article 6.2 of the DSU and 
that these measures consequently fell within the Panel's terms of reference. As a result, 
Ukraine requests the Appellate Body to reverse the Panel's findings in paragraphs 7.24, 
7.26, 7.27,  7.28 and 8.1 (a);  
b. the Panel  violated Article 7.1 and Article 11 of the DSU by making findings on a claim 
that Russia never made in its Panel Request, First Written Submission and Russia's 
Opening Statement at the First Substantive Meeting with the Panel.  As a result, Ukraine 
requests the Appellate Body to reverse the Panel's findings in paragraphs 7.147, 7.149, 
7.150, 7.151, 7.152 and 8.3 (a)(i) and 8.3 (a)(ii);  
c. the Panel erred  when finding that Ukraine acted inconsistently with Article 2.2.1.1 of the 
Anti-Dumping Agreement by failing to calculate the cost of production of the product 
under investigation on the basis of the records kept by the producers. As a result, 
Ukraine requests the Appellate Body to reverse the Panel's findings in paragraphs 7.89, 
7.90, 7.91, 7.92 and  8.2 (a) which are based on its legally er roneous reasoning in 
paragraphs  7.85-7.88;  
d. the Panel erred in the interpretation and application of Article 2.2 of the Anti -Dumping 
Agreement when finding that Ukraine violated Article 2.2 of the Anti -Dumping 
Agreement by not using the actual costs "in the country of origin" when calculating the 
cost of production of the investigated Russian producers. As a result, Ukraine requests 
                                                      
1 Pursuant to Rule 20(2)(d)(iii) of the Working Procedures for Appellate Review , this Notice of Appeal 
includes an indicative list of the paragraphs of the Panel Report containing the alleged errors, without prejudice 
to the ability of Ukraine to refer to o ther paragraphs of the Panel Report in the context of its appeal.  WT/DS493/6  
 
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  the Appellate Body to reverse the Panel's findings in paragraphs 7.99, 7.101, 7.102, 
7.103 and 8.2 (b);  
e. the Panel erred in the application of Article 2.2.1. of the Anti -Dumping Agreement by 
finding that MEDT of Ukraine relied on the costs that were calcula ted inconsistently with 
Article  2.2.1.1 of the Anti -Dumping Agreement for the pur pose of performing the 
ordinary -course -of-trade test. As a result, Ukraine requests the Appellate Body to 
reverse the Panel's findings  in paragraphs 7.114, 7.116, 7.117, 7.118 and 8.2 (c); and  
f. the Panel failed to make an objective assessment of the matter before it, and thus 
violated Article 11 DSU, when examining the scope, meaning and conte nt of the 2010 
Decision and the judgments  of the Ukrainian Courts, and in particular the decision of the 
Kiev Administrative District Court and the Panel erred when concluding that the 
Ukrainian authorities acted inconsistently with Article 5.8 of the Anti -Dumping 
Agreement. A s a result, Ukraine requests the Appellate Body to reverse the  Panel's 
findings in paragraphs  7.147, 7.149, 7.150, 7.151, 7.152, 7.154, 7.157 and 8.3 (a).  
 
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