WORLD TRADE  
ORGANIZATION  G/ADP/Q1/UKR/3 
G/SCM/Q1/UKR/3 9 October 2008 
 
(08-4809) 
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 
 
Questions Posed by the UNITED STATES Regarding   
the Notification of UKRAINE1 
 
 
 The following communication, dated 8 October 2008, is being circulated at the request of the 
Delegation of the United States.    
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  The United States thanks Ukraine for its notifi cation of laws and regulations "On Protection 
of the National Producer Against Dumped Imports", 22 December 1998, No. 331-XIV with changes 
and amendments (hereinafter AD Law ) and "On Protection of th e National Industry Against 
Subsidized Imports", 22 December 1998, No. 331- XIV with changes and amendments (hereinafter 
CVD Law ) and poses the following questions. 
 
Question 1 
 
 Are the WTO Agreement on Implementation of Article VI of the General Agreement on 
Tariffs and Trade 1994 (Anti-dumping Agreem ent) and the Agreement on Subsidies and 
Countervailing Measures (Subsidies Agreement) self-implementing under Ukrainian law?  In 
potential cases of conflict between the Anti-dum ping Agreement or Subsidies Agreement and 
Ukraine's recently notified AD Law  and CVD Law  which legal authority takes precedence? 
 
Question 2  
 
 Please identify the official journal and/or  national newspapers which would publish 
notifications related to anti-dum ping and countervailing duty proceed ings.  Would these notifications 
also be made available online and if so, pl ease identify the relevant website address(es)? 
 
Question 3  
 
 Article 6.1 of the CVD Law states that a subsidy shall be de emed to exist if "there is a 
financial contribution made by a government..."  Pl ease explain whether the term "government" in this 
context also includes financial contributions provided by a "public body".    
                                                     
 
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  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 dumping investig ation and the injury investigation?  If not, what 
is the typical period of investigation for the in jury investigation in an anti-dumping proceeding? 
 
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 information 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 confidential 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. 
 (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.  
 
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 imposing provisional measur es.  Does this mean that the injury analysis in 
such circumstances need not take into account all c onsiderations referenced in Article 10 of the AD 
Law and Article 13 of the CVD Law?  If this is the case, please explain how Ukraine's methodology 
of making preliminary injury determinations comp lies with Article 3 of the Anti-dumping Agreement 
and Article 15 of the Subsidies Agreement?  
Question 7 
 
 Article 21 of the AD Law  refers to the establishmen t of dumping margins for new 
exporters/producers.  Would Ukraine please clarify if anti-dumping duties are collected during the time period in which the review is being conducte d and if so, please explain the methodology utilized 
for determining the appropriate rate that is a pplied to new exporters/pr oducers until a review under 
Article 21 of the AD Law  has been completed? 
 Question 8 
 
 Article 28.2 of the AD Law contai ns provisions for the publicati on 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 reaso ns for the acceptance or rejection of relevant 
arguments or claims made by the exporters a nd importers.  How will Ukraine implement this 
requirement of Article 12.2.2 of the Anti-dumpi ng Agreement and Article 22.5 of the Subsidies 
Agreement? 
 
 
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  Question 9 
 
 Article 13.5(1) of the CVD Law states that one f actor 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 indemnificat ion of the [domestic industry] for a shoestring 
margin of dumping."  Could Ukraine further explain the meaning of this factor, and elaborate on what 
it considers a "shoestring margin of dumping?" 
 
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.  Does th is refer to both the subs idy investigation and the 
injury investigation?  If not, what is the typical peri od of investigation for the injury investigation in a 
countervailing duty investigation? 
 
Question 11 
 
 Please identify the relevant portions of Ukraine's AD Law  and CVD Law  that provide for 
judicial review, consistent with Ukraine's WT O accession agreement, and Article 13 of the Anti-
dumping Agreement and Article 23 of the Subsidies Agreement. 
 
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 that are found to be unc ooperative during the course of an investigation.  
Please also explain how such anti-dumping or countervailing duty rates would be calculated.  
Question 13 
  If a Ukrainian producer files simultaneous a pplications for imposition of anti-dumping and 
countervailing duties against imports of the same product from the same country, will the Ukrainian 
authorities conduct a single, consolidated injury investigation in the anti-dumping and countervailing 
duty proceedings, or will there be separate in jury investigations in each proceeding? 
   
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