WORLD TRADE  
ORGANIZATION  G/ADP/Q1/UKR/6 
G/SCM/Q1/UKR/6 10 December 2008 
 
(08-6089) 
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 EUROPEAN COMMUNITIES1 
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 
 
 Article 1.21 sets out conditions for parties in  order to qualify as interested parties in 
anti-dumping proceedings which seem to be narrower than the conditions set out in Article 6.11 ADA as it requires that interested parties take an active part in the anti-dumping investigation 
as opposed to Article 6.11 ADA which does no t foresee any such condition but provides that 
exporters, producers and the government of the expo rting countries are in any event considered 
as interested parties.  Could Ukraine please clarif y how it is ensured that the authorities only 
examine the factors as set out in Article 6.11 ADA without any additional requirement?   
 
Reply
 
 
Paragraph 21 of Article 1 of the Law is not in conflict  with provisions of Article 6.11 ADA.  
Like Article 6.11 ADA, paragraph 21 of Article 1of the Law provides a similar list of persons which 
can be interested parties of the the investigation.  The requirement for a party to notify its interest is 
a procedural element of the investigation which en sures greater clarity and better organization of the 
investigation.  Some other WTO members also employ similar procedures for registration of interested parties.   
 
Question 2  
 
 Article 4.2 provides that evidence, writte n proofs and other information shall be 
considered in an anti-dumping investigation on condition that they are drafted in the state 
language of Ukraine.  The EC is aware that th ere is no WTO obligation to use English language 
in anti-dumping proceedings however we ask Ukraine to also optionally accept documents 
which are drafted in English whic h most of WTO members do.   
 
                                                     
 
1 G/ADP/Q1/UKR/2 - G/SCMQ1/UKR/2 and G/ADP/ Q1/UKR/2/Add.1 - G/SCMQ1/UKR/2/Add.1.   
2 G/ADP/N/1/UKR/1.   G/ADP/Q1/UKR/6 
G/SCM/Q1/UKR/6 Page 2 
 
 
  Reply
 
 
Under Article 3 of Law of Ukraine "On pr otection of national producers from the dumped 
imports" anti-dumping investigations in Ukraine must  be carried out on the basis of the principles 
provided in this Law.   
 
Under Article 4 of this La w Ukrainian language must be used in the anti-dumping 
investigations.  The Law does not contain any provisions which would permit to use in the course of anti-dumping investigations any language other than Uk rainian.  No provisions allowing use of other 
languages are included in the relevant WTO Agreement.   
 
Therefore, in Ukraine it is not possible to admit English-language doc uments in the course 
of anti-dumping proceedings because Ukrainian legisl ation clearly specifies that the language of the 
proceedings is Ukrainian and WTO provisi ons do not envisage such a possibility.   
 
Question 3  
 
 Article 10.7 sets out no obligation to investigate other known factors as opposed to 
Article 3.5 ADA which provides that the authorit ies shall also examine any known factors…  
Could Ukraine please confirm that Article 10.7 will be dealt with in conformity with Article 3.5 
ADA?  
Reply
 
 
The first sentence of Article 10.7 provides that the Ministry of Economy may also 
investigate other known factors due to the simu ltaneous presence of which injury is caused to 
national producers.  In each investigation the Mini stry of Economy investigates other factors due to 
the simultaneous presence of which injury is caused to national producers.  Therefore, we confirm 
that Article 10.7 will be applied in conformity with Article 3.5. of the WTO Agreement.   
 
Concerning Law N°331- XIV of 22 December 1998 "On protection of national producers from 
the subsidized imports"  
 
Question 1 
 
 The title of Article 7 "Specificity of counter vailing measures to be applied" is unclear 
and seems to mix up the concept of specificity  in regard to a subsidy and the CVD measure 
because Article 2 ASCM determines specificity in regard to a subsidy but not in regard to a 
CVD measure.  Furthermore, the following Articles in cluding the title of Article 8 are unclear as 
they seem to consider export subsidies and subsidies which are provided upon the use of 
domestic over imported goods as actionable subsid ies whereas they are determined in Article 3 
ASCM as prohibited subsidies.  Could Ukraine pl ease confirm that it applies these provisions in 
full conformity with Articles 2, 3 and 5 SCM Agreement?    
Reply
 
 
We believe that this confusion is caused by  the inaccurate translation into the English 
language.  Article 7 of the Law has title "Princip les for application of countervailing measures".  
Provisions of Article 7 of this Law are consistent w ith provisions of paragraph 1.2 of Article 1 of the 
WTO Agreement on subsidies.     G/ADP/Q1/UKR/6 
 G/SCM/Q1/UKR/6 
 Page 3 
 
 
   Regarding Article 8 of the Law Ukraine confir ms that its subsidies -related provisions will 
apply in conformity with Articles 2, 3 and 5 of the WTO Agreement.    
Question 2 
 
 Article 15.1 provides the possibility for lodging a CVD complaint to Trade Unions of the 
employees of the national enterprise.  Could Uk raine please clarify how this relates to the 
provisions of Article 15.8 "application made by or  on behalf of the national industry" – does a 
complaint lodged by Trade Unions also have to  be supported by national producers whose total 
production of the like product accounts for at least 25 per cent?  
Reply
 
 
Article 15.1 of the Ukrainian Law provides that  a national producer or a physical or legal 
person acting on his behalf, a relevant executive go vernment authority in Ukraine, a trade union 
have the right to lodge a complaint concerning initiation of the investigation.   
 
Article 15.8 contains clarifications concer ning conditions under which a complaint is 
deemed lodged by a national producer or on his behalf.   
 Question 3 
 
 Can Ukraine please explain how it is ensured  that Members the products of which may 
be subject to the initiation of an investigation are invited for consultations before the initiation 
according to Article 13 SCM Agreement? 
 
Reply
 
 
Law of Ukraine "On protection of national pr oducers from the subsidized imports" does not 
provide consultations prior to the initiation of th e investigation.  However, if an international 
agreement provides for the rules othe r than those specified in the rele vant legislative act of Ukraine, 
then the rules of the international agreement will apply.  So Ukraine will use the WTO provisions in 
this part.   
   
__________