WORLD TRADE  
ORGANIZATION  G/ADP/Q1/UKR/5 
G/SCM/Q1/UKR/5 10 December 2008 
 
(08-6091) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to Questions Posed by the UNITED STATES1 
Regarding the Notification of UKRAINE2 
 
 
 The following communication, dated 3 December 2008, is being circulated at the request of 
the Delegation of Ukraine.    
_______________ 
 
 
Question 1 
 
 Are the WTO Agreement on Implementation of Article VI of the General Agreement on 
Tariffs and Trade 1994 (Anti-dumping Agreeme nt) and the Agreement on Subsidies and 
Countervailing Measures (Subsidies Agreement) self-implementing under Ukrainian law?  In 
potential cases of conflict between the Anti- dumping Agreement or Subsidies Agreement and 
Ukraine's recently notified AD Law  and CVD Law  which legal authority takes precedence? 
 
Reply
 
 
Under the Protocol on Ukraine's accession to the World Trade Organization, ratified by Law 
of Ukraine 10 April 2008 N 250-VI, Ukraine acceded  to the Marrakech agreement establishing the 
World Trade Organization.   
 
If an international agreement sets forth rules th at differ from those specified in the relevant 
legislative act of Ukraine, the rules of th e international agreement shall apply.   
 
Question 2  
 
 Please identify the official journal and/ or national newspapers which would publish 
notifications related to anti-dumping and co untervailing duty proceedings.  Would these 
notifications also be made available online an d if so, please identify the relevant website 
address(es)?   
 
Reply  
 
Under Article 16 of the Antidumping Agreemen t of the WTO and Article 25 of Agreement 
on Subsidies and Countervailing Measures Ukraine submits the WTO Secretariat all notifications on 
                                                      
1 G/ADP/Q1/UKR/3 - G/SCM/Q1/UKR/3.   
2 G/ADP/N/1/UKR/1.   G/ADP/Q1/UKR/5 
G/SCM/Q1/UKR/5 Page 2 
 
 
  anti-dumping and countervailing measures.  These no tifications are available on the WTO web site 
(www.wto.org
).   
 
At the same time all notifications relating to  antidumping and anti-subsidy investigations 
and measures are published in the official gazette of Ukraine's government "Uriadovyi kurier".   
 
In addition to that all notifications conc erning antidumping and countervailing measures are 
displayed on the Ministry of Economy's website  in the section "Foreign economic activities" at 
http://me.kmu.gov.ua .   
 
Question 3  
 
 Article 6.1 of the CVD Law states that a subsidy shall be deemed to exist if "there is a 
financial contribution made by a governme nt...".  Please explain whether the term 
"government" in this context also includes financia l contributions provided by a "public body".   
 
Reply  
 
Article 6 of Law of Ukraine "On protecti on of national producer from the subsidized 
imports" provides that a subsidy shall be deemed to exist if there is a financial contribution made by 
the state authorities or any form of budget revenue or price support is provided in accordance with 
provisions including those specified in annex 1.  Annex 1 interprets "state" also as agencies or 
organizations controlled and (or) authorized by the stat e, which also include local public authorities.   
 
Question 4 
 
 Article 13.2 of the AD Law states that the usua l term of an anti-dumping investigation is 
up to one year.  Does this refer to both the dumpi ng investigation and the injury investigation?  
If not, what is the typical period of investigatio n for the injury investigation in an anti-dumping 
proceeding? 
 Reply
 
 
Paragraph 18 of Article 1 of the Anti-dumpi ng Law provides that the period of an anti-
dumping investigation is a period that immedi ately precedes the initiation of the anti-dumping 
investigation, within which the facts of alleged dumping are to be investigated.  A procedure for 
determining a period of investigation is set forth in Article 13 of this Law.  Therefore, paragraph 2 of 
Article 13 concerns only dumping analysis.   
 
A procedure for injury determination is establis hed in Article 10 of this Law.  The usual 
period for injury analysis is 3 years.   
 Question 5 
 
 Article 13.8 of the AD Law  and Article 16.8 of the CVD Law  provide interested parties 
with the opportunity to review confidential inform ation that is: (1) related to the protection of 
their interests;  (2) not confidential according to Article 32 of the AD Law and Article 31 of the 
CVD Law;  and (3) used in the anti-dumping or anti-subsidizing investigation.   
 
(a) Please explain in detail what confidenti al data and documents interested parties 
would be able to review, as well as what specific protections prevent the 
inappropriate disclosure of confidential  information by interested parties.  G/ADP/Q1/UKR/5 
 G/SCM/Q1/UKR/5 
 Page 3 
 
 
  (b) Additionally, please identify what specifi c "confidential official documents of the 
Ministry and the Commission" would be exempted from disclosure to interested 
parties according to Article 13.8 of the AD Law  and Article 16.8 of the CVD Law.   
 Reply
 
 
Article 13.8 of Law "On protection of nati onal producers from the dumped imports" and 
Article 16.8 of Law "On protection of nationa l producers from subsidized imports" concern 
nonconfidential information.  These articles provide interested parties and competent authorities with 
the opportunity to review investigation materials wh ich is not confidential except official documents 
of the Ministry and the Commission.  In particular, it is provided an opportunity to review information submitted by other interested parties in  the course of the investigation, provided that 
such information is not confidential.   
 
As regards "confidential official documents of the Ministry and the Commission" we would 
like to point out that neither Article 13.8 of the Anti-dumping law nor Article 16.8 of the Anti-subsidy law contains the concept of "confidential official documents".  These Articles refer to the 
concept of "official documents of the Minist ry and the Commission".  The English language 
translation was inaccurate.   
 Question 6   Please clarify the purpose of Article 17.2 of  the AD Law and of the Article 20.2 of the 
CVD Law, each of which specifies two factors that  are not to be taken into consideration in 
establishing the existence of injury before imposi ng provisional measures.  Does this mean that 
the injury analysis in such circumstances ne ed not take into account all considerations 
referenced in Article 10 of the AD Law and Articl e 13 of the CVD Law?  If this is the case, 
please explain how Ukraine's methodology of making preliminary injury determinations 
complies with Article 3 of the Anti-dumping Agreement and Article 15 of the Subsidies Agreement? 
 Reply
 
 
The purpose of Article 17.2 of Law of Ukraine "On protection of national producers from 
dumped imports" and Article 20.2 of Law of Ukra ine "On protection of national producers from the 
subsidized imports" is consistent with the purpose of Article 10.2 of the WTO Anti-dumping 
agreement and Article 20.20 of th e WTO anti-subsidy agreement.   
 
In the course of injury analysis all factors referred to in Article 10 of Law of Ukraine "On 
protection of national producers from dumped impor ts" and in Article 13 of Law of Ukraine "On 
protection of national producers from the subs idized imports" are taken into account.   
 Question 7   Article 21 of the AD Law  refers to the establishment of dumping margins for new 
exporters/producers.  Would Ukraine please clarif y if anti-dumping duties are collected during 
the time period in which the review is being co nducted and if so, please explain the methodology 
utilized for determining the appropriate rate that  is applied to new exporters/producers until a 
review under Article 21 of the AD Law  has been completed? G/ADP/Q1/UKR/5 
G/SCM/Q1/UKR/5 Page 4 
 
 
  Reply
 
 
Under part five of Article 21 of Law of Uk raine "On protection of national producers from 
the dumped imports", "a decision of the Commissi on to initiate the mentioned review suspends 
collection of the effective anti-dumping duty from the new exporter which is subjected to this 
review…".   
 
Question 8 
 
 Article 28.2 of the AD Law contains provi sions for the publication and content of 
decisions to impose a definitive anti-dumping duty.  Article 27.2 of the CVD Law contains provisions for the publication and content of decisions to impose a definitive countervailing duty.  These provisions do not state that any decision must contain the reasons for the 
acceptance or rejection of relevant arguments or  claims made by the exporters and importers.  
How will Ukraine implement this requirement of Article 12.2.2 of the Anti-dumping Agreement 
and Article 22.5 of the Subsidies Agreement?  
Reply
 
 
On the basis of the results of the antidumping/anti-subsidy investigation, the Ministry of 
Economy prepares a detailed report on facts on the b asis of which conclusions were made whether to 
apply or not to apply anti-dumping/countervailing measures.  A non-confidential version of this 
report will be available, on request , to any interested party.   
 
Question 9 
 
 Article 13.5(1) of the CVD Law states that one factor the Ukrainian authority is to 
consider in examining the impact of subsidized imports is "incomplete elimination of the effects of previous subsidy on the [domestic industry] or  indemnification of the [domestic industry] for 
a shoestring margin of dumping."  Could Ukrain e further explain the meaning of this factor, 
and elaborate on what it considers a "shoestring margin of dumping?" 
 Reply
 
 
As it has already indicated, if an internationa l agreement establishes ru les other than those 
specified in the relevant legislativ e act of Ukraine, then the rules of  the international agreement will 
apply.   
 
Question 10  
 
 Articles 10.1 and 16.2 of the CVD Law indicate that the usual period of investigation in 
a countervailing duty investigation is one year.  Do es this refer to both the subsidy investigation 
and the injury investigation?  If not, what is the typical period of investigation for the injury 
investigation in a countervailing duty investigation? 
 
Reply  
 
Paragraph 15 of Article 1 of Law of Ukrain e "On protection of national producers from the 
subsidized imports"  provides that the period of investigation is the period that immediately precedes 
the initiation of the anti-subsidy investigation du ring which the facts of subsidized imports are 
investigated.  Therefore Article 10.1 and Article 16. 2 of the Law concern only analysis of facts of 
subsidizing.  The Law does not establish a term for injury determination.    G/ADP/Q1/UKR/5 
 G/SCM/Q1/UKR/5 
 Page 5 
 
 
  Question 11 
 
 Please identify the relevant portions of Ukraine's AD Law  and CVD Law  that provide for 
judicial review, consistent with Ukraine's WTO accession agreement, and Article 13 of the Anti-
dumping Agreement and Article 23 of the Subsidies Agreement. 
 
Reply  
 
The Constitution of Ukraine in its Article 124 pr ovides justice in Ukraine is administered 
exclusively by courts.  Delegating functions of th e court to other agencies or officials, as well as 
assuming such functions by other agencies or officials, is not allowed.  The jurisdiction of courts extends to all legal relationships ar ising within the state.  Judicial functions are administered by the 
Constitutional Court of Ukraine and by  general jurisdiction courts.   
 
The Code of administrative proceedings of Ukraine  provides that the goal of administrative 
proceedings is to protect rights, freedoms and inte rests of physical persons, rights and interests of 
legal entities in the sphere of public legal relationships from violations of the government 
authorities, local public authorities, their official s and employees, and of other entities when carrying 
out government administration functions on the b asis of the legislation, including to perform 
delegated functions.   
 
Article 6 of this Code "The right to  protection in court" provides:   
 
"Everyone's right for protection of one's right s, freedoms and interests by independent and 
objective court is guaranteed.   
2. Nobody can be deprived of a right to have  one's case reviewed by the administrative 
court, provided that this case belongs to the jurisdictio n of this court in conformity with this Code.   
3. Everyone has the right to ha ve one's case review ed by the administrative court of any 
instance in accordance with the pro cedure set forth by this Code.   
4. Foreign citizens, individuals without citi zenship and foreign legal persons in Ukraine 
have the same right to protection in court as citizens and legal persons of Ukraine".   
 
At the same time the Civil Code of Ukraine, wh ich defines the concept of physical and legal 
persons, provides that legal pers ons, depending on the procedure for establishment of such persons, 
are divided into legal persons of private law and le gal persons of public law.  The state acts in civil 
relationships having the same rights as other participants of such relationships.  The state assumes 
and fulfills civil rights and obligations through government authorities within their competences 
established by law.   
 
Question 12 
  Please identify the provisions of the AD Law  and CVD Law  that describe the anti-
dumping or countervailing duty rate that would be  applied to exporters that do not register to 
participate in an investigation, or parties th at are found to be uncooperative during the course 
of an investigation.  Please also explain how such anti-dumping or countervailing duty rates would be calculated. 
 Reply
 
 
To parties which refused to cooperate in  the course of a anti-dumping/anti-subsidy 
investigation, anti-dumping and countervailing duty rates will apply on general basis in accordance 
with Article 16 of Law of Ukraine "On protecti on of national producers from the dumped imports" G/ADP/Q1/UKR/5 
G/SCM/Q1/UKR/5 Page 6 
 
 
  and of Article 19 of Law of Ukraine "On prot ection of national producers from the subsidized 
imports", respectively.   
 
Question 13 
 
 If a Ukrainian producer files simultaneous a pplications for imposition of anti-dumping 
and countervailing duties against imports of the sa me product from the same country, will the 
Ukrainian authorities conduct a single, consolidat ed injury investigation in the anti-dumping 
and countervailing duty proceedings, or will there be separate injury investigations in each 
proceeding?  
Reply
 
 
Laws of Ukraine "On protection of national producers from the dumped imports" and "On 
protection of national producers from the subs idized imports" do not prohibit simultaneous 
investigations.   
 
However, paragraph 1 of Article 28 of An ti-dumping Law provides that anti-dumping and 
countervailing duties may not be applied simultaneou sly to the goods imported by one provider.   
 
 
 
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