WORLD TRADE  
ORGANIZATION  G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 
G/SG/N/1/UKR/1 
25 June 2008 
 (08-3016) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Committee on Safeguards Original:   English 
 
  
NOTIFICATIONS OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
 
UKRAINE 
 
  The following communication, dated 29 May 2008, is being circulated at the request of the Delegation of Ukraine.   
 
_______________ 
 
  In accordance with its obligations under Article 18.5 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, Article 32.6 of the Agreement on 
Subsidies and Countervailing Measures, and Ar ticle 12.6 Agreement on Safeguards, and in 
accordance with its commitments under paragraph 227 of the Working Party Report on Accession to 
the WTO (WT/ACC/UKR/152, 25 January 2008) the G overnment of Ukraine is pleased to notify the 
attached laws and regulations.    
 The attached laws and regulations are unoffici al translation.  The texts are current and 
effective laws and regulations incorporating amendments as of date on 10 April 2008.   G/ADP/N/1/UKR/1 
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  LIST OF LAWS AND REGULATIONS ATTACHED 
  
  Page
 
 
THE LAW "ON PROTECTION OF THE NATIONAL PRODUCER AGAINST 
DUMPED IMPORTS", 22 DECEMBER 1998, N 330-XIV (WITH CHANGES AND 
AMENDMENTS).................................................................................................................... ...............3  
THE LAW "ON PROTECTION OF NATIONAL INDUSTRY AGAINST 
SUBSIDIZED IMPORTS", 22 DECEMBER  1998, NO.331-XIV (WITH CHANGES 
AND AMENDM ENTS) ................................................................................................................ .......58  
ANNEX  1.............................................................................................................................. ...............105  
ANNEX  2.............................................................................................................................. ...............109  
ANNEX  3.............................................................................................................................. ...............111  
ANNEX  4.............................................................................................................................. ...............113  
ANNEX  5.............................................................................................................................. ...............119  
ANNEX  6.............................................................................................................................. ...............120  
ANNEX  7.............................................................................................................................. ...............122  
THE LAW "ON APPLICATION OF SAFEGUARD MEASURES AGAINST 
IMPORTS TO UKRAINE", 22 DECEMBER  1998, NO.332-XIV (WITH CHANGES 
AND AMENDM ENTS) ................................................................................................................ .....124  
ABSTRACT FROM THE LAW NO 959- XII OF 16 APRIL 1991 "ON FOREIGN 
ECONOMIC ACTIVITY" (ARTICLES 1, 9 AND 31)..................................................................147  
THE LAW "ON AMENDMENTS TO THE LAW OF UKRAINE "ON THE UNIFIED CUSTOMS TARIFF", 22 DECEMBER 1998, NO.334-XIV .........................................................156
 
RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE "ON APPROVING THE PROCEDURE FOR PROT ECTING INTERESTS OF DOMESTIC 
PRODUCERS DURING THE CONDUCT BY FOREIGN COUNTRIES, THEIR ECONOMIC OR CUSTOMS UNIONS OF ANTIDUMPING, SPECIAL SAFEGUARD 
AND COUNTERVAILING INVESTIGATIONS IN RESPECT OF IMPORTS OF 
UKRAINIAN ORIGIN".............................................................................................................. ......158
 
 
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  T
HE LAW OF UKRAINE  
 
THE LAW "ON PROTECTION OF THE NATIONAL PRODUCER AGAINST DUMPED 
IMPORTS", 22 DECEMBER 1998, N 330-XI V (WITH CHANGES AND AMENDMENTS) 
 
As amended and added by  the Laws of Ukraine 
N 1595-III of 23 March 2000, 
N 860-IV of 22 May 2003, 
N 3027-IV of 1 November 2005 
N 252-VI of 10 April 2008 
 
(On the date of Ukraine's accessi on to the World Trade Organization 
this Law is amended according to clause 16 of Chapter I of the Law of Ukraine 
N 3027-IVof 1 November 2005) 
 
(In the text of the Law words "the Ministry of Economy of Ukraine"  
and "the Minister of Economy of Ukraine" were replaced with the words  
"the central body of executive power in the field of economic policy"  
and "the Minister of Economy and Eu ropean Integration of Ukraine"  
according to the Law of Ukraine N 860-IV of 22 May 2003) 
 
(In the text of the Law the word "Ukraine" was replaced with the words "importing country", except 
for part two of Article 2, Article 3, Article 4, Artic le 5, part eleven of Article 12, part fourteen of 
Article 14, paragraph two of part tw o, part four and part five of Ar ticle 24, part five of Article 28, 
Article 34, and Article 38 according to the Law of Ukraine N 3027-IVof 1 November 2005 ) 
 
This Law shall establish the mechanism of prot ection of the national producer against dumped 
imports from other countries, customs unions or  economic groups.  It shall also condition the 
principles and the procedure of initiation and con ducting of an anti-dumping investigations and 
application of anti-dumping measures.   
  
Chapter I 
GENERAL PROVISIONS 
 
Article 1.  Definition of Terms 
 
 Terms in this Law shall be used in the following meaning:     (1) anti-dumping measures – provisional or final measures, applied in the process of an anti-
dumping investigation or due to its results, according to this Law;   
  (2) anti-dumping  duty (provisional or definitive) – special type of duty imposed on goods, 
imported into the customs territory of the importi ng country, subject to application of anti-dumping 
measures (provisional or final);   
 
 (3) positive conclusion as to the presence of dumping (damage) – conclusion as on the presence of a fact of dumping (damage);   G/ADP/N/1/UKR/1 
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   (4) negative conclusion as to the presence of dumping (damage) – conclusion on the absence 
of a fact of dumping (damage);    
 (5) dumping – importation of goods into the customs territory of the importing country at 
lower prices than the comparable prices for the similar goods of the exporting country, which causes 
damage to the national producer of similar goods;     (6) margin of dumping – amount to which the normal value exceeds the export price.  The 
procedure of determination of dumping margin is  specified in Article 9 of this Law;   
  (7) export price – a price which is actually paid or subject to payment for goods being sold to an importing country from the exporting country.  The procedure of establishing of an export price is 
stipulated in Article 8 of this Law;   
 
 (8) damage – substantial damage caused to the national producer or a threat of substantial 
damaging to the national producer or substantial impediment to creati on or expansion of production of 
similar goods by the national producer.  The procedure of determination of damage is stipulated in 
Article 10 of this Law;    
 (9) import – bringing into the customs territory of an importing country of goods, destined for 
the consumption within this importing country;   
 
 (10) importer – a subject of economic and le gal relations who declares the goods' supply to 
the customs territory of the importing country;    
 (11) competent bodies – bodies of state power of  a country of origin or exporting country 
(customs union or economic group) which ensure pr oviding of internal and (or) foreign economic 
policy within the scope of their authorities;     (12) establishing of an export price – calculation of a certain size of an export price where the 
actual export price has not been established, or it  is considered ungrounded.  The procedure of 
establishing of an export price is specified in Article 8 of this Law;     (13) exporting country – a country of origin of goods, imported into the importing country.  
An intermediary country (customs union or econom ic group) may be an e xporting country as well, 
except cases, where the specified goods are conveyed as transit through this country, are not produced 
in this country or these goods have no co mparable price in this country;   
  (14) importing country – Ukraine;    
(new clause 14 was added to Article 1 
according to the Law of Ukraine N 3027-IV of 1 November 2005, 
therefore clauses 14 - 27 shall be considered clauses 15 - 28) 
  (15) country of origin – a country (custo ms union or economic group) in which the goods 
have been totally manufactured or subject to sufficient processing or treatment;    
 (16) national producer – aggregate number producers of similar goods or those producers 
whose aggregate production of such goods constitu tes the major proportion of the whole amount of 
production of such goods in the importing country.  Th e peculiarities of identification of the national 
producer are determined in Article 11 and pa rt six of Article 12 of this Law;    G/ADP/N/1/UKR/1 
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   (17) normal value – equivalent of the goods' price in the domestic market.  The procedure of 
determination of a normal value is stipul ated in Article 7 of this Law;   
 
 (18) period of investigation – period,  preceding the initiation of an anti-dumping 
investigation, within which the facts of the presen ce of dumping are investigated.  The procedure of 
determination of the period of investigation is  specified in Article 13 of this Law;   
 
 (19) sales – transfer of property by one person into ownership or use and (or) possession and (or) at disposal of other person, particularly, transfer under the agreements of purchase and sale, 
property lease, other civil and legal agreements, or in case of substitution of one obligation by 
another, or changes in the terms of obligations' fulfillment;  
 
 (20) parties of an anti-dumping investigation – a foreign producer, exporter, importer, union 
(association), competent authorities of the exporting country, national producer etc., which have been 
notified of the initiation of an an ti-dumping investigation according to the established procedure;   
 
 (21) interested party – any person notifying the central body of executive power in the field of 
economic policy (hereinafter – "the Ministry") of his interest in participation in an anti-dumping 
investigation in accordance with part twelve of Artic le 12 of this Law and who is taking an active part 
in the anti-dumping investigation through providi ng written evidence or other information, sufficient 
for the purposes of this investigation.  The following may be the interested parties:   
 
(paragraph one of clause 21 of Article 1 is as amended by 
the Law of Ukraine N 1595-III of 23 March 2000) 
 
- a foreign producer, exporter or importer of goods subject to an investigation, or union 
(association), where the majority of members ma ke foreign producers, exporters or importers 
of goods subject to an anti-dumping investigation;   
 
- the competent bodies of an exporting country of goods subject to an investigation;   
 
- a national producer, manufacturer or wholesale seller of similar goods in the importing 
country;   
 
- a union (association) where most of its members produce or perform a wholesale trade of 
similar goods in the importing country; 
 
- a trade union, uniting the employees of enterprises producing or performing a wholesale trade 
of similar goods in the importing country; 
 
- bodies of executive power of the importing country within the scope of their authority; 
 
 (22) traditional trade operations – conditions and business practice which within a substantial 
term preceding the export of goods, subject to an in vestigation, were traditional for trade with such 
goods, or goods having similar conditions of  production, sales or marketing;   
 
 (23) comparable price – price of the similar goods  in the exporting country that is practiced in 
the traditional trade operations;   
 
 (24) goods – any products for sale;   
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   (25) goods with a short-term product cycle – goods which due to emerging of advanced 
technologies are recognized outdated, according to the conclusion of the Ministry and Interdepartmental International Trade Commission (her einafter - the Commission).  The procedure of 
determination of goods with a short-term product cycl e is specified in Article 26 of this Law;   
 
 (26) similar goods – identical goods i.e. alike by all characteristics on goods subject to an 
investigation, or in case of the absence of such go ods, other goods, which though are not alike by all 
characteristics, have indicative signs, closely resembling those of the goods subject to an 
investigation;   
 
 (27) goods subject to an investigation – goods importation of which into the importing 
country subject to an anti-dumping investigation a nd which are identified as such in the corresponding 
notification on initiation and conducting of  the specified investigation;   
 
 (28) Ukrainian producers – producers of the similar goods or immediately competitive goods, 
manufactured in the importing country.    
Article 2.  Sphere of Application of this Law 
 
1. This Law shall be applied to the import of  goods which are a subject of dumping, provided 
such import causes damage to the national producer of similar goods.     The goods shall be considered a subject of dumping where their export price in the importing 
country is lower than a comparable price of similar goods in the exporting country in traditional trade 
operations.   
 2. This Law does not include the application of:     (1) special rules in the field of agriculture;    
 (2) measures applied within the General Agreement on Tariffs and Trade (hereinafter - the 
GATT) and the World Trade Organization (hereinafter - the WTO);     (3) special rules established by the internati onal agreements of Ukraine obligation of which 
has been approved by the Verkhovna Rada of Ukraine.   
 
Article 3.  Bodies Conducting the Anti-Dumping Investigation 
 
 The anti-dumping investigation in Ukraine sha ll be performed under the provisions of this 
Law by the authorized central bodies of executive power – the Ministry, State Customs Service of 
Ukraine (hereinafter - the Service) and the Commission.    
Article 4.  Language of Conducting of Anti-Dumping Investigations 
 
1. According to this Law the anti-dumping inv estigations shall be performed in the state 
language of Ukraine.   
 
2. Evidence, written proofs and other information provided to the Ministry, the Service or the 
Commission according to this Law shall be consider ed in the process of an anti-dumping investigation 
under condition they are drawn in the state language of Ukraine.     G/ADP/N/1/UKR/1 
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  Article 5.  Interdepartmental International Trade Commission 
 
1. The Interdepartmental International Trade Commission is governed by the Head, who takes 
the position of the Minister of Economy and European Integration of Ukraine.   
  Members of the Commission shall be Chair of the Commission, their First Deputy, deputies and officials from bodies of executive power.    
(new paragraph two was added to part one of Article 5 according to the  
Law of Ukraine N 3027-IV of 1 November 2005, therefore  
paragraph two shall be cons idered paragraph three) 
  The Head of the Commission, his first deputy, deputies and other members of the 
Commission shall be appointed according to part two of this Article.   
 
(part one of Article 5 is as amended by the Law of Ukraine 
N 1595-III of 23 March 2000) 
 2. Part two of Article 5 is expelled:   
 
(according to the Law of Ukraine N 1595-III of 23 March 2000, 
due to this, parts three - eleven shall be read as parts 
two-ten respectively) 
 
3. The Cabinet of Ministers of Ukraine shall appoint the stuff of the Commission on the 
proposal of the Head of the Commission.    4. The work of the Commission sha ll have the form of sittings.   
  Sittings of the Commission shall be held at the Ministry's location.   
 
 Sittings of the Commission shall be held on demand of the Head of the Commission, on the 
grounds of a founded dema nd of a member of the Commission,  submitted to the Head of the 
Commission or in other cases with observation of terms, envisaged by this Law.    
5. The Sittings shall be called by the Head of  the Commission and in case of his absence- by his 
first deputy or vice-head of the Commission and sha ll be held not earlier than on the fifth day and not 
later than on the tenth day after forwarding of the corresponding notification.     Together with the notification, all the require d information regarding issues, put forward for 
consideration by a relevant Commission's sitting,  shall be forwarded to the members of the 
Commission.   
  In case of necessity, experts of state-owned or private institutions, as well as foreign experts, 
may be invited to the sittings of the Commission.    
6. The sitting of the Commission sha ll be considered authorized if not less than half of the total 
number of members of the Commission is present.   G/ADP/N/1/UKR/1 
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   The Commission shall, within the scope of its authorities, take decisions, arrange and 
supervise their implementation.  Only members of the Commission may vote for adoption of a 
corresponding decision.   
 
 Acts of the Commission, particularly those, concerning the performance of an anti-dumping investigation and application of anti-dumping measures, shall be obligatory for execution.    7. The following decisions may be taken at the sittings of the Commission:   
 
 (1) on initiation of an anti-dumping investigation;     (2) on positive and negative conc lusions as to the presence of dumping and methods, enabling 
to determine the margin of dumping;   
 
 (3) on positive or negative conclusion as to the presence of damage and its size;   
  (4) on determination of a cause-and-effect  relation between the dumped imports and the 
damage;    
 (5) on application of anti-dumping measures;   
  (6) on other matters within the authorities, envisaged by this Law.    8. Decisions of the Commission shall be taken by a simple majority of vote and in particular 
cases, envisaged by this Law, by two-thirds (qualified majority) of its members' votes.   
 9. Decision of the Commission, taken by a simple  majority of vote, shall be deemed taken, 
provided the majority of members of the Commission ha ve voted for it.  In case of equal division of 
votes the vote of the Head of the Commission is casting.    
10. Decision of the Commission taken by a qualifie d majority of votes shall be deemed taken, 
provided two-thirds of members of the Commission have voted for it.    11. In case of necessity, decisions of the Commission as to issues, specified in clause 6 of part six 
of this Article, may be taken under the regular procedure by means of visaing  of the draft of the 
corresponding decision by members of the Commission.   In this case the Head of the Commission 
shall inform the members of the Commission thereo f and propose to them to express their opinion as 
to this matter in terms within which this opini on can be considered and which do not exceed the 
terms, established by this Law.    
(part ten of Article 5 is as amended  
by the Law of Ukraine N 1595-III of 23 March 2000) 
 
Article 6.  Terms 
 
1. Terms of fulfillment of all the activities accord ing to this Law shall be  established by this 
Law or determined by the Commission or the Minist ry.  Right to fulfillment of any activities shall be 
lost upon expiration of the specified terms.  All documents, submitted after expiry of these terms shall not be considered.  The Commission or the Minist ry may take decision on prolongation or resumption 
of the terms, under the presence of substantial grounds for this.     G/ADP/N/1/UKR/1 
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  2. The terms established by this Law, or determined by the Ministry or the Commission shall be 
measured in years, months and days.    
3. The terms may as well be determined by a re ference to the event, which is inevitable to 
happen.    4. The term measured in years shall terminate on the respective month and date of the last year 
of this term.   
 
 The term measured in months shall terminate on the respective date of the last month of this 
year.  If the ending of the term falls on the month with no respective date, such term shall expire on 
the last day of that month.    
 If the term is determined by days, it shall be measured starting from the day, following the 
day of the beginning of this term.     The term, determined by a reference to the ev ent, which is inevitable to happen, shall be 
measured starting from the day following the date of this event's beginning.    
 Provided the ending of the term falls on the day-off, the first working day, following the day-
off shall be the last day of that term.     The last day of the term shall terminate by the moment of ending of the working day at the Ministry, the Service or the Commission.   
 
 The term shall not be deemed violated, provide d prior to its expiration date documents have 
been submitted to the Ministry, the Service and the Commission correspondingly and registered 
according to the established procedure.     
Chapter II 
DETERMINATION OF DUMPING AND DAMAGE 
 
Article 7.  Procedure of Calculation and  
Determination of the Normal Value 
 
1. Generally a normal value is determined on the basis of prices, established in the process of a 
traditional trade operation between the indepe ndent buyers of the exporting country.   
  Sales and operations may be deemed those which have not been completed within the 
traditional trade operations, where:   
 
- such sale or operation have characteristics which are exclusive for the market subject to an 
investigation;   
 
- sales of goods are carried out at prices that cons iderably differ from those, practiced in the 
market; with extra large profits;  under not ordina ry conditions of sales and (or) sales to the 
party who is a partner or has entered into the compensation agreement; or at prices, determination criteria of which are different fro m the mechanism of functioning of the market 
economy.   
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  2. Where an exporter does not produce or sell the similar goods in the exporting country, the 
normal value shall be determined basing on the prices , established by other sellers or producers.   
 
3. Prices set between associated parties (between  controlling and controlled parties) or parties 
entering into a countervailing agreement shall not be  considered prices prevailing in ordinary trade 
transactions and shall not be used in determining nor mal value, unless it is established that such prices 
have no impact on the relations between the parties.   
(part three of Article 7 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005) 
 4. In order to determine a normal value, the sal es volume of the similar goods, destined for the 
consumption within the domestic market of the e xporting country, shall be used provided such sales 
volume is not less than 5 per cent of the sales volume of such goods in the importing country.  In 
order to determine the normal value the sales volumes of the similar goods that are less than 5 per cent 
of the volume of sales of such goods in the importing country shall be used, under condition the established prices are deemed indicative in th e market a subject to consideration.   
 5. If there were no sales of similar goods in the traditional trade operations or such sales were 
not substantial, or due to the peculiarities of the domestic market of the exporting country, such sales 
cannot be used for the proper comparison, a normal value of the similar goods shall be determined by 
means of one of the following methods:     (1) on the basis of the production costs in the country of origin, increased by the grounded amount of trade, administrative and other ge neral costs and the grounded profit amount;   
 
 (2) on the basis of export prices, practiced in the traditional trade operations in a corresponding third country, provided such prices are considered indicative.    6. Sales of the similar goods in the domestic market of the exporting country or sales for export to a third country at prices lower than cost per un it (fixed and variable) for their production, increased 
by the trade, administrative and other general co sts, may be treated as those, performed beyond the 
framework of traditional trade operations exclusivel y as a consequence of their price and may be not 
taken into account while determining a normal value, wh ere it is established that  such sales have been 
performed within a considerable term in substantia l volumes and at prices, not enabling to recover all 
the costs within the grounded term.   
 
7. In case the prices are lower than  the costs by the moment of sal e, but higher than the weighted 
average costs in the period of investigation, such prices shall be treated as those enabling to recover 
the costs within the grounded term.    8. Sales at prices, which are lower than per un it costs of production shall be treated as sales 
being carried out in substantial vol umes and within a considerable peri od of time, provided it has been 
established that:     (1) the weighted average sales price is lowe r than the weighted average per unit costs of 
production;  or  G/ADP/N/1/UKR/1 
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   (2) or volume of sales at prices, that are lower than per unit costs, is not less than 20 per cent 
of sales, used for determination of the normal value.    
(clause 2 of part eight of Article 7 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
 A considerable period of time shall normally m ean a period up to one year but not less than 
six months.   
 
9. For the purpose of this Article, costs shall be generally calculated on the basis of accounting 
reports of the party, a subject to an anti-dum ping investigation, under condition such accounting 
report is made according to the principles and norms of bookkeeping, generally accepted in the 
country which is a subject of consideration and comp letely reflects the costs, related to the production 
and sale of goods subject to consideration.   
 10. The Ministry shall take into consideration the evidence, concerning the actual allocation of 
costs, including evidence, provided by the exporter or producer in the course of an anti-dumping investigation, under condition that in the process of the specified investigation it is proved that such 
allocation of costs has been trad itionally exercised by the exporter  or producer.  Unless another 
method for determination of costs allocation can be a pplied, the specified allocation of costs shall be 
established on the basis of numerical indicators of goods turnover.  In the event it is impossible to verify cost allocation, cost values shall be veri fied and accordingly adjusted by the value of:   
 
(1) non-replacement cost items which produce an  effect for the current and (or) future 
production;  or 
  (2) items of costs which taking into account the corresponding circumstances, during the period of investigation were destin ed for launching the production.   
 11. Provided within a certain period of time, requi red for the recovery of production costs, such 
costs were caused by utilization of a new producti on equipment which requires substantial additional 
investments, or by low factors of utilizati on of the production capacity due to launching the 
production, which took place within the whole or a cer tain period of an investigation, the average 
costs at the stage of launching the production ar e those costs which are included to the weighted 
average costs amount, specified in part seven of th is Article, incurred at the end of the stage of 
launching the production and calculated by means of  measurement of the period subject to an 
investigation, according to part ten of this Artic le.  Duration of the stage of launching the production 
shall be determined in accordance with the circumstances that arose for the producer or exporter of 
goods subject to an investigation, but shall not exceed  the relevant initial stage of the period, required 
for the recovery of production costs.  For the pur pose of adjustment of co sts, incurred within the 
period of an investigation, any information rela ted to the stage of launching the production which 
exceeds such period, shall be taken into account unde r condition it has been filed before the beginning 
of verifications according to Article 29 of this Law, and within three months from the date of 
initiation of an anti-dumping investigation.    12. The amounts of trade, administrative or any other general costs, as well as amounts of profits 
shall be established on the grounds of actual data  concerning the production and sale of similar goods 
by the exporter or producer, subject to an anti-dumpi ng investigation, in the course of traditional trade 
operations.  Where the specified amounts cannot be dete rmined on the basis of actual data, they shall 
be determined on the grounds of:    G/ADP/N/1/UKR/1 
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   (1) the weighted average actual amounts paid  or received by other exporters or producers 
subject to an anti-dumping investigation durin g production and sale of the similar goods in the 
domestic market of a country of origin;   
 
 (2) the actual amounts paid or received by the exporter or producer, subject to consideration, 
during production and sale within the traditional trade operations in the domestic market of a country 
of origin of the same category of goods;    
 (3) any other acceptable and grounded method, on condition the amount of profit so 
established shall not exceed the profit, generally r eceived by other exporters or producers in case of 
sales of goods of the same category in the domestic market of a country of origin.    
Article 8.  Procedure of Settlement and  
Determination of the Export Price 
 
1. The export price of goods is a price, which is actually paid or is subject to payment for goods 
from the exporting country, which are sold in the importing country.    2. In case the export price is not established or it is deemed ungrounded (due to the presence of 
partnership or compensation agreement or an agr eement between the exporter, importer or the third 
party), the export price may be established:     (1) on the basis of the price at which the imported goods are first resold to an independent buyer;  or 
 
 (2) any other acceptable grounded basis, provided the goods are not resold to an independent 
buyer, or are not resold in the condition in which they have been imported.   
 3. In cases stipulated in part two of this Artic le, in order to establish a grounded export price of 
goods subject to consideration, all costs, including  taxes and fees (compulsory payments), charged for 
import or resale, as well as profits received, shall be  adjusted in the customs territory of the importing 
country.    4. The costs, subject to adjustment, shall norma lly include those costs, incurred by an importer, 
but paid within the territory of the importing country  or outside its borders by each of the parties, 
which may be a partner or a party that entered in to the compensation agreement with an importer, 
exporter or a third party.  Particularly adjust ment shall be carried out with respect to:   
  (1) transportation, insurance, and ship ment costs as well as additional costs;   
  (2) customs duty, anti-dumping duty, other ta xes and fees (compulsory payments), charged on 
the import or sale of goods;   
  (3) grounded amounts of trade, administrative and other general costs as well as profits.   
 
Article 9.  Comparison of the Normal Value with the Export Price and  
Determination of a Margin of Dumping 
 
1. In order to determine the dumping margin , the normal value, established, according to 
Article 7 of this Law, shall be compared with th e export price, established according to Article 8 of 
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  (normally FOB plant) for the sales, carried out  on the closest date, pursuant to which the 
corresponding information is available.  The basic de livery terms shall be determined according to the 
International rules of interpretation of commerc ial terms "Incoterms" in the wording which is 
effective as of the date of importation of go ods into the importing country.  The corresponding 
adjustment in this case shall be performed taki ng into account the amounts of differences, affecting 
the comparability of prices, i.e. the differences, calcul ated in the course of adjustment of the factors, 
stipulated in clauses 1-11 of part four of this Article.    
2. Unless the normal value and the export price,  determined according to this Law, can be 
compared in accordance with part one of this Ar ticle, the adjustment of amounts of differences, 
calculated in the course of adjustment of the factor s, of the presence of which the interested parties 
stated in the process of an anti-dumping investiga tion and which are proved to affect the prices and 
their comparability, shall be performed.  While pe rforming the specified adjustments, no repeated 
adjustment shall be made as to reductions, volumes and basic terms of delivery.   
 3. An interested party, which demands an adjustment, should prove that this demand is 
substantiated.    4. An adjustment as to calculation of amounts of  differences in the below stated factors which 
affect the comparability of prices shall be carri ed out under such rules with respect to:   
  (1) physical characteristics.     The normal value and the export price shall be adjusted correspondingly by the amounts 
which suit the accepted amounts of differences in the market value of goods, subject to consideration, 
depending upon their physical characteristics;     (2) taxes and fees (compulsory payments) charged on the imports.     The normal value shall be adjusted by the amounts of compulsory payments, charged upon 
the imports of goods, and (or) indirect taxes and f ees charged on the similar goods and (or) materials, 
which are their physical components (in the am ount of actual payment), provided these goods are 
destined for the consumption in the exporting co untry and which shall be refunded in case of 
exportation of these goods into the importing country.    
 (3) rebates and volumes of sales. 
  The rebates (price rebates, other trade rebates, privileges, etc.) used for stimulation of sales 
and (or) increase in the volumes of sales, shall be take n into account if they have been actually applied 
or where there are sufficient evidence to consider th at such rebates are provided and they are directly 
related to goods subject to consideration.   
 
 The normal value and export price shall be adjusted correspondingly by the amounts of differences in the rebates, including those, provi ded in accordance with the sales volumes, if such 
rebates has been properly calculated pursuant to th e sales volumes of goods subject to consideration 
and directly concern the aforementioned sales.  An adjustment by the amount of the deferred rebates 
shall be also completed, provided the demand of an interested party is based on the actual data for the 
previous periods as to acquisition of rebates, in cluding the agreement on the volumes of sales;   
  (4) basic terms of delivery.   G/ADP/N/1/UKR/1 
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   Basic delivery terms for the adjustment shall be  the terms of FOB plant.  An adjustment by 
the amount of differences in the basic terms of delivery shall be performed where:    
- it has been established that for the sales netw ork within two markets the export price, 
including the established export price, is practiced on the basis of different basic terms of delivery regarding the normal value;   
 
- such difference in the aforementioned basic deliv ery terms affects the comparability of prices 
which could be proved by the presence of consta nt and clear distincti ons in functions and 
differences in prices of the sellers because of the different terms of delivery in the domestic 
market of the exporting country.   
  The normal value and the export price shall be adjusted correspondingly by the amounts of 
differences so established in the market valu e of goods, subject to consideration; 
 
(5) transportation, insurance, loading (unloading) costs and additional costs. 
  The normal value and the export price shall be adjusted correspondingly by the amounts of differences in costs, directly related to the goods subject to consideration, and shall be paid for 
delivery of goods from the exporter's warehouses to the first independent buyer's location only under 
condition such costs are included into  the specified prices.  These pr ices include the transportation, 
insurance, and shipment costs as well as additional costs;     (6) packaging costs. 
 
 The normal value and the export price shall be adjusted correspondingly by the amounts of differences in costs, directly related to the p ackaging of goods, subject to consideration;   
  (7) costs of credit.    
 The normal value and the export price shall be correspondingly adjusted by the amounts of 
differences in values of the credit, granted for the relevant sales of goods, in case such factor is used 
while establishing the price for these goods;     (8) after-sale costs.   
 
 The normal value and the export price shall be correspondingly adjusted by the amounts of 
differences in direct costs, directly connect ed with providing surety, technical assistance 
(consultations) and services, envisaged by the legislati on of an exporting country (country of origin or 
comparison) and (or) purchase and sale contract;    
 (9) commission fee.   
  The normal value and the export price shall be correspondingly adjusted by the amounts of 
differences in commission fees paid in the process of  sales of goods, subject to consideration;   
 
 (10) currency conversion costs. 
  Where the comparison of prices requires a conversion of currencies, such a conversion shall be completed at the exchange rate as of the date  of sale of goods subject to consideration.   
  G/ADP/N/1/UKR/1 
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   In case a sale of foreign currency, directly connected with the sale for export, has been 
performed under the forward agreements the excha nge rate, which is practiced in sales under the 
forward agreements, shall be used.  The date of th e sale under the forward agreement shall be the date, 
specified in the corresponding invoice, however the date  of signing the contract, date of order or date 
of confirmation of the order as well as other date, pr ovided it is more appropriate for establishing of 
considerable sales conditions, may be used as well.     In the process of an anti-dumping investigation current fluctuations in exchanging rate shall 
not be taken into account, and the interested exporters  shall be given not less than 60 days to reflect 
the long-term fluctuations in the rate of exch ange within the period of investigation.   
 
(11) amounts of adjustments.   
 
 The amount of adjustment shall be calculated on  the basis of actual data concerning a certain 
anti-dumping investigation and the period of investigati on, or actual data of the last financial year.   
 5. The margin of dumping shall be determined through comparison of the normal cost and the 
export price.  The difference by which the normal value exceeds the export price shall be the amount 
of dumping margin.   
 
6. Where the margins of dumping are different, the weighted average value of the margin of 
dumping may be calculated.    7. The presence of a margin of dumping shall be  generally determined within the period of 
investigation by means of comparison of:   
  (1) a weighted average value of the normal co st with the weighted average value of export 
prices of all exporting operations in the importing country;     (2) or individual normal value with individua l export prices in the importing country for each 
operation.   
 8. A weighted average value of the normal value may be compared to the prices of all individual 
export operations in the importing country provided that:    
 (1) structure of export prices is significantly di fferent with different bu yers, in various regions 
or within a certain period (periods);     (2) it is impossible to determine the actual value of a margin of dumping by methods, stipulated in parts six and seven and clause one of this part.    
(clause 2 of part eight of Article 9 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 9. When establishing a margin of dumping according to this Article, the methods of sampling, may be used according to Article 30 of this Law.   G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  10. In the case where product is not imported directly from the country of origin but from the 
country of export, the export price of the product shall normally be compared with the comparable price in the country of export.  However, comparison may be made with the price in the country of 
origin, if the products are merely transshipped through the country of export, or such products are not 
produced in the country of export, or there is no comparable price for them in the country of export.   
 
(part ten was added to Article 9 
according to the Law of Ukraine N 3027-IV of 1 November 2005) 
 
Article 10.  Procedure of Settlement and  
Determination of Damage 
 
1. In the process of investigation the presence and the size of damage, caused to the national 
producer in one of the following forms, shall be estab lished, unless otherwise stipulated by this Law:   
  (1) considerable damage, caused to the national producer;     (2) threat of infliction of considerable damage to the national producer;    
 (3) substantial impediment to the national pr oducer in launching or expansion the production 
of similar goods subject to consideration.    2. Establishment of the presence of damage sha ll be based on evidence and involve an objective 
investigation of the following factors:   
 
 (1) volumes of the dumped imports and effect thereof upon the prices of similar products in the market of the importing country;     (2) the consequent impact of these imports on the national producer, which is a logical result of effect of the factors, specified in clause 1 of this Article.   
 
3. As regards the volume of dumping imports, it sh all be investigated whether a serious increase 
in dumping imports has occurred in absolute terms,  with regard to produc tion or consumption of 
relevant goods in Ukraine.    
 As regards the impact of dumping imports on prices for the like products, the following issues 
shall be investigated:     (1) whether prices for goods that are the object  of dumping imports were considerably below 
the prices than prices for the like products;    
(clause 1 of part 3 of Article 10 is in the wording 
of the Law of Ukraine N 252-VI of 10 April 2008) 
  (2) whether such dumping imports resulted in considerable decrease of prices for the like 
products;   
 
(clause 2 of part 3 of Article 10 is in the wording 
of the Law of Ukraine N 252-VI of 10 April 2008) 
  G/ADP/N/1/UKR/1 
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   (3) whether such dumping imports hampered a po ssible considerable increase of prices for the 
like products that would otherwise have occurred.    
(clause 3 of part 3 of Article 10 is in the wording 
of the Law of Ukraine N 252-VI of 10 April 2008) 
  When the issue specified in clause one of part two of the present Article is investigated, more 
than one factor specified in this part of the Article shall be considered.   
 
(part three of Article 10 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005)  
 
4. Where the imported goods from one or several countries simultaneously become a subject of 
anti-dumping investigations, the effect of such imports shall be collectively evaluated under the 
following conditions:     (1) the margin of dumping established in connection with the imports from each country exceeds the minimum level, defined in part  four of Article 16 of this Law;   
 
 (2) the volume of imports from each country may not be defined as insignificant;   
  (3) a collective evaluation of the effects of  imports meets the conditions of competition 
between imported goods and those between the imported goods and simila r goods in the importing 
country.   
 
5. The examination of the impact of the dumpe d imports on the domestic industry shall include 
an evaluation of all relevant economic factors and indices having a bearing on the state of the 
industry, including the fact of a domestic producer being in the process of recovery from the effects of an earlier dumping or subsidization, the magnitude of the actual margin of dumping, actual and potential decline in sales, operating profits, market  share, productivity, return on investments, 
utilization of capacities;  factors affecting domestic  prices;  actual and potential negative effects on 
cash flow, inventories, employment, wages, economic growth, ability to raise capital or investments.  
This list is not exhaustive, nor can one or several of  these factors necessarily give decisive guidance.   
 
(paragraph ten of part five of Article 10 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005, 
as amended by the Law of Ukraine N 252-VI of 10 April 2008)  
 6. Damage, caused by the dumped imports, sha ll be proved in the process of investigation 
through providing corresponding evidence, which concern a certain anti-dumping investigation, and 
which are forwarded to the Ministry.   
 
 At the same time it is necessary to prove that the volumes and (or) levels of prices, specified 
in part three of this Article, cause to the national pr oducer a consequence of impact stipulated in part 
five of this Article and that such  consequence is substantial.   
 
 The proof of cause-and-effect relationship be tween dumped imports and the damage, caused 
to the national producer, shall be grounded on examina tion of all proofs, connected with the subject of 
an investigation, which are available with the Ministry.   G/ADP/N/1/UKR/1 
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  7. The Ministry may investigate other known fact ors as well, the simultaneous effect of which 
causes damage to the national producer.  The damage, caused due to the effect of these factors, shall 
not be deemed damage, caused by  dumped imports.  In this case the interested party may provide 
information as to one or several of the following factors:   
  (1) volumes and price of imported goods, subject to an investigation, which have not been 
sold at the dumped prices;    
 (2) contraction of the market or changes in the structure of consumption;   
  (3) introduction of trade restrictions and competition between the Ukrainian and foreign 
producers;    
 (4) development of technologies;   
  (5) the results of export activity and efficiency of productivity of the national producer.    8. The effect of the dumped imports shall be evaluated regarding the production of similar goods 
by the national producer when the ex isting evidence enable to compare this production on the basis of 
such criteria as production process, sales and producer's profits.  If such comparison of this production 
is not practicable, the effects of the dumped impor ts shall be evaluated through examination of the 
production of a group or range of the most rela ted goods which include similar goods, of which the 
necessary information can be provided.    
9. A determination of a threat of material dama ge shall be based on facts.  The circumstances, 
which shall bring to a situation in which the dumping would cause damage, should be clearly forecasted and inevitable.    10. The following factors shall be taken into acc ount while determination of an availability of 
threat of substantial damage:   
 
(paragraph one of part ten of Article 10 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
  (1) a significant rate of growth of dumped im ports into the importing country which is an 
evidence of considerable growth of import volumes;   
  (2) sufficient export potential at the exporter' s disposal or its inevitable and considerable 
growth, which is an evidence of a probable consider able growth of volumes of dumped exports in the 
importing country market with cons ideration of other export markets to which additional exports may 
be supplied;   
 
 (3) supply of imports into the importing count ry which may have a considerable effect, 
resulting in price-cutting or substantially prevent an  increase in prices and cause a probable growth in 
demand for the new imports;    
 (4) inventories of goods of foreign origin, subject to an investigation.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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  11. When a decision is approved to the effect that further dumping imports to the importing 
country from the country of export (exporting countri es) are imminent and would do serious injury 
unless preventive measures are applied, all factors men tioned in part ten of the present Article shall be 
considered in aggregate.   
 
(part eleven of Article 10 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005)  
 
Article 11.  Peculiarities of Definition of  
the National Producer 
 
1. According to this Law a national producer is defined as a number of producers of similar 
goods or those of them, the aggregate production of which constitutes a major part of the whole 
production volume of these goods in the importing c ountry with consideration of peculiarities, 
envisaged by this Article and part six of Article 12 of this Law.  The following peculiarities shall be 
taken into consideration while defining a national producer:   
  (1) in case the producers of similar goods in the importing country are connected with the exporters or importers or they themselves are im porters of goods which are deemed a subject of 
dumping, the rest of the producers, except for the above mentioned ones, may be regarded as national 
producers;     (2) in certain cases, the territory of the impor ting country may be divided into two or more 
competitive markets of production of similar goods and producers within each of these markets may 
be regarded as national producers under the following conditions:   
 
- the producers within each of the specified markets sell all or a major part of the manufactured 
goods in this very market;   
 
- producers from other areas of the importing coun try do not fully meet the demand for goods, 
subject to consideration, within each of such  markets.  Under such circumstances, the 
presence of damage, shall be proved even if this damage is not caused to most of enterprises, 
owned by the national producer on condition, the dumped imports are concentrated within 
such individual market and cause damage to the producers of all or most of enterprises, 
producing similar goods within such individual market.   
 
2. The producers shall be considered connected  with the exporters or importers under the 
presence of one (or several) of the following conditions:     (1) one of them directly or indirectly controls the other;    
 (2) both of them are directly or indirectly controlled by a the third person;   
  (3) together they directly or indirectly c ontrol a third producer, which affects the activity 
(inactivity) of such producers to that extend, that this activity (inactivity) differs from that of other 
producers, which are not connected with exporters, importers or producers, determined in clauses 1 
and 2 of this part.   
 
The producer (exporter, importer) may control another subject when he may legally or 
actually influence the latter, or exercise its administration   
 G/ADP/N/1/UKR/1 
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  Chapter III 
INITIATION OF ANTI-DUMPING PROCEDURE AND  
ANTI-DUMPING INVESTIGATION 
 
Article 12.  Initiation of an Anti-Dumping Procedure 
 
1. An investigation aimed at identification of the presence and the impact of dumping which is 
stated to have taken place, as well as the amount of a margin of dumping shall be introduced by the 
Ministry through initiation of an anti-dumping pr ocedure upon a complaint, submitted by a national 
producer or other person on his behalf, except case,  envisaged by part eight of this Article.   
  The complaint shall be submitted in a written fo rm by the applicant - the national producer, 
physical or legal person, acting on behalf of the national producer.   
 
2. The complaint shall be submitted to the Minist ry by a registered letter or delivered to the 
Ministry under a notice of receipt.  The Ministry  shall forward a copy of the complaint to the 
Commission to be examined by all its members.     The day, following the day of receipt and regist ration of the complaint with the Ministry shall 
be considered the first day of submission of the complaint.   
 3. Where the complaint has not been submitted directly to the Ministry according to the 
procedure, stipulated in part two of this Article , or when a corresponding body of executive power of 
the importing country has the relevant eviden ce of dumping and damage, the corresponding body 
shall immediately forward or submit the complaint to  the Ministry.  Trade unions of employees of the 
national producer's enterprises shall enjoy a simila r right to filing a complaint to the Ministry 
according to the procedure, established by this Article.    4. The complaint, submitted by the applicant acco rding to parts one-three of this Article, shall 
contain the evidence of the presence of dumping and da mage that are stated to take place and a cause-
and-effect relation between them.  Particularly, the complaint shall include information, if it is or 
should be available with the applicant, as to:     (1) the applicant and composition of the applican t, proof of the relevant capability of such 
persons, the volumes and value of production of similar goods by the applicant in the importing 
country.  Where the application is  submitted on behalf of the nationa l producer, this application shall 
specify:    
- information on the national produ cer on behalf of which this complaint has been submitted, as 
well as on the volumes and value of similar goods produced by him in the importing country;   
 
- list of all known national producers of similar goods (or associations of national producers of 
similar goods) and, if possible, of the volume and value of production of similar goods by 
these producers in the importing country.   
  (2) goods (including their full description), which are stated to be a subject of dumping, name 
of the country (countries) of origin or export, which is (are) a subject of the complaint.   
  (3) each generally known exporter or foreign pr oducer and a list of known physical and legal 
persons, which perform importa tion of goods being a subject of the complaint;   
  G/ADP/N/1/UKR/1 
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   (4) prices at which goods which are a subject of  the complaint, are sold for consumption in 
the domestic market of the country (countries) of or igin or export (or, where such information is 
available, prices at which the goods are sold from the country (countries) of origin or export to a third 
country or countries or on the established value of goods) and information on export prices, or prices 
at which the goods are first resold to an independent buyer in the importing country;     (5) volumes and dynamics of imports deemed  dumped, effect of these imports on prices of 
similar goods in the importing country market, as well as consequence of such import, which is a 
result of effect of these two factors, for the national producer.  This shall be confirmed by factors and 
indicators affecting the state of the national producer, according to parts three and five of Article 10 of this Law.    5. Upon receipt of the complaint in accordance with  the requirements of parts one - three of this 
Article, the Ministry shall initiate an anti-dumping procedure, in the process of which the evidence, 
provided in the complaint, shall be considered, in  order to identify whether they are sufficient for 
initiation of an anti-dumping investigation accord ing to part eleven of this Article.   
 6. According to parts one-three of this Article the investigation, shall be initiated provided the 
Ministry and the Commission determine that the co mplaint has been submitted by a national producer 
or other person on his behalf.  The complaint sha ll be considered submitted by the national producer 
or other person on his beha lf if it is backed by those Ukrainia n producers, whose aggregate production 
constitutes more than 50 per cent of the total prod uction volume of similar goods, produced by that 
part of national enterprises, which supports the complaint or expresses objections.  However, no 
investigation shall be initiated, where the aggreg ate production with those producers, supporting the 
complaint, constitutes less than 25 per cent of th e total volume of pro duction of similar goods, 
manufactured by the national producer.  In such case, where by the date of submission of the 
complaint to the Ministry this complaint is b acked by those producers whose aggregate production 
constitutes 25 or more per cent (but less than 50 per cent) from the total production volume of similar 
goods, produced by the national producer, such an ap plicant within the anti-du mping procedure has to 
meet support (or direct or indirect  objections) of other Ukrainian produ cers, in order to establish, prior 
to the date of initiation of an anti-dumping investiga tion, whether or not such application is backed by 
those producers, whose aggregate production constitu tes more than 50 per cent of the total production 
volume of similar goods, manufactured by the national producer.    7. The Ministry and the Commission may not make public the information of the complaint to 
public before taking a decision on initiation of an anti-dumping investigation.  Upon receipt of the 
complaint, documented in a proper way, and befo re initiation of an anti-dumping investigation, the 
Ministry, by order of the Commission, sha ll notify the corresponding competent bodies of the 
interested exporting country of the initiation of an anti-dumping procedure.  The Ministry shall 
forward a confidential inquiry to the applicant on providing additional copies of a non-confidential version of the complaint within the established term s, for the purpose of their transference according 
to part thirteen of this Article.   
 8. The Commission may take decision on initia tion of an investigation upon complaint, 
submitted according to part three of this Article, provided it contains sufficient evidence of dumping, 
damage and a cause-and-effect relation accord ing to part four of this Article.   
 
 After adoption of the decision the Ministry shall start the specified investigation.   G/ADP/N/1/UKR/1 
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  9. During an anti-dumping procedure, the Minist ry shall simultaneously consider evidence of 
dumping and injury provided in the application, eval uate its adequacy and justification to determine 
whether there is sufficient evidence to  justify the initiation of an investigation or the refusal to initiate 
such an investigation.   
 
If during an anti-dumping procedure the Minist ry should establish that the evidence of 
dumping, injury or a causal link between dumping and injury is not sufficient to justify the initiation of an anti-dumping investigation, in particular, that  the actual or potential volume of dumping imports 
from the exporting country is negligible or the dumping margin is considered to be de minimis , the 
Ministry shall recommend that the Commission should not initiate an anti-dumping investigation and that the Commission should reject the application file d by the applicant in accordance with parts one – 
three of the present Article.    
 The margin of dumping shall be considered to be de minimis  if this margin is less than 2 per 
cent of the export price.     Actual or potential volume of dumping imports  from the exporting country shall normally be 
regarded as negligible if the volume of dumped imports is found to account for less than 3 per cent of imports of the product under inv estigation in the importing country, unless exporting countries which 
individually account for less than 3 per cent of dumping imports of the product under investigation in 
the importing country collectively account for more than 7 per cent of dumping imports of the product 
under investigation in the importing country.    
(part nine of Article 12 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005)  
 
10. During an anti-dumping procedure, the applicant shall have the right to recall the application 
before the initiation of an anti-dumping investigatio n.  In this instance, the anti-dumping procedure 
shall be terminated, whereas the application shall be regarded as if it had not been submitted, except 
for cases when termination of the anti-dumping pr ocedure contradicts national interests.   
 
(part ten of Article 12 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005) 
 
11. The Ministry shall forward to the Commissi on a report on the results of conducting the anti-
dumping procedure.  The Commission shall take a decision on initiation of an anti-dumping 
investigation upon representation of the Ministry, gene rally within the period of 30 days from the date 
of submission of the complaint.  This decision sha ll be taken on the basis of evidence, substantiated 
by actual data of an anti-dumping procedure.  The Commission in its decision on the initiation of an investigation shall authorize the Ministry to:    
 (1) immediately to start an anti-dumping investigation;   
  (2) publish information on initiation of an inves tigation in the publishing body of the Cabinet 
of Ministers of Ukraine (hereinafter - the newspaper).    
 Where the Commission makes a decision to terminate the anti-dumping procedure upon 
representation of the Ministry because of insuffi ciency of evidence for substantiation of the 
complaint, the Commission shall authorize the Ministry  to notify the applicant of  such decision within 
45 days from the date of filing the complaint with the Ministry.     G/ADP/N/1/UKR/1 
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  12. A notification on the initiation of an anti -dumping investigation shall contain:   
  (1) information on the initiation of an anti-dumping investigation;   
 
 (2) determination of goods subject to an inv estigation and determination of the interested 
countries;     (3) brief statement (hereinafter - summary) on information, received by the Ministry;   
 
 (4) a reference, that all information which ma y be useful for the investigation should be 
forwarded to the Ministry;     (5) terms within the frames of which:   
 
- other parties to antidumping investigation can notify the Ministry of their concern in an anti-
dumping investigation, and provide written comments pursuant to such anti-dumping 
investigation or other required information.   The abovementioned comments and other 
information shall be accounted by the Mini stry during the anti-dumping investigation, 
provided they have been filed with the Mini stry within the terms, established in the 
notification;   
- interested parties have a right to demand the hear ings to be held at the Ministry according to 
part six of Article 13 of this Law.   
 13. The Ministry shall notify the exporters, importers, the known unions (associations) of 
importers or exporters, competent bodies of the expo rting country and the applicants of initiation of 
an anti-dumping investigation.  In accordance with th e requirements of this Law as to protection of 
confidential information, the Ministry may pr ovide the known exporters, competent bodies of the 
exporting country and other interested parties upon their request with a full text of the written 
complaint.  Should the parties of an anti-dumping i nvestigation be proved cons iderable in number, the 
Ministry shall forward the full text of the writte n complaint to the competent bodies of the exporting 
country only.   
 14. Conducting of an anti-dumping investigation shall not create impediments to the customs 
legalization of goods, subject to an investigation.   
 
Article 13.  Anti-Dumping Investigation 
 
1. According to the decision of the Commissi on the Ministry shall initiate an anti-dumping 
investigation and perform such investigation toge ther with other bodies of executive power of the 
importing country.    
2. The aim of an anti-dumping investigation is to determine the presence of dumping and the 
damage.  The usual term of an investigation is  up to one year, but not less than six months, 
immediately preceding the initiation of an anti-dumpi ng procedure.  In exclusive circumstances this 
term may exceed one year.  Any information, not rela ted to the period of inves tigation is generally not 
taken into consideration.   
 
 The Ministry shall establish the terms of an investigation.   
 3. The Ministry is entitled to send questionna ires to the known exporters, importers, other 
parties of the antidumping investigation deemed relevant or to competent bodies of an exporting G/ADP/N/1/UKR/1 
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  country in order to obtain information and evidence  to be used in the antidumping investigation.  
Replies to the questionnaire shall be sent to th e Ministry within 30 days upon its receipt.  The 
questionnaire is considered to be received one week upon the date of its sending to the respondent or 
submitting to a respective diplomatic representative of the exporting country.   
 
The period for providing the reply may be extende d by the Ministry taking into consideration 
the time limit set for a particular investigation and upon condition that the party in question will 
substantiate the need for such an extension.   
 
 The Ministry is entitled to request the par ties involved to submit information and evidence 
needed for an antidumping investigation.  Such a request is binding for parties involved and reply 
shall be provided within a time period set by the Ministry.    
(part 3 of Article 13 is in the wording 
of the Law of Ukraine N 252-VI of 10 April 2008) 
 4. The Ministry is entitled to obtain from the bodies of executive power of the importing country all the necessary information, documents or materi als for conducting the anti-dumping investigation.  
The Ministry, on demand of a member of the Commissi on, shall forward to this member or to the 
Commission a non-confidential summary of informat ion, obtained from the specified bodies.   
 5. While performing an anti-dumping investigati on the Ministry shall have the right to:   
  (1) authorize other bodies of executive power of the importing country to undertake 
inspections or control of the activity of the impor ters, traders and Ukrainian producers for the purpose 
of execution the Commission's decisions;     (2) carry out in other countries verification of  information, received from the interested 
parties, by consent of the corresponding interested party and in the absence of objections from the officially informed competent bodies of the interested country.   
 
 For this purpose the Ministry shall specify the terms and methods of performance of such supervision and verifications.  The bodies of execu tive power of the importing country shall take all 
the necessary measures for satisfaction of such requi rements.  The authorized representatives of the 
Ministry may participate in the specifi ed verifications and supervision.   
 
6. The interested parties that have notified the Mi nistry of their concern according to part twelve 
of Article 12 of this Law shall have the right to apply to the Ministry with the demand to arrange 
hearings dedicated to the issues of an anti-dumping investigation, provided:     (1) they demanded an arrangement of the h earings in a written form within the terms, 
established in the newspaper announcement on initia tion of an anti-dumping investigation;   
  (2) they have proved to be the interested par ties that may be affected by consequences of an 
anti-dumping investigation;    
 (3) there are special reasons for arrangement of the stipulated hearings.   
 7. On demand of the interested parties which ha ve notified the Ministry of their concern in 
participation in the investigation according to part tw elve of Article 12 of this Law, the Ministry shall 
provide these interested parties upon their demand with  an opportunity to conduct consultations with  G/ADP/N/1/UKR/1 
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  the party which has filed the corresponding comp laint or pursues opposite interests.  These 
consultations shall be carried out with the strict observance of confidential treatment while providing 
information.   
 
 Surrender of participation in c onsultations by parties of an anti-dumping investigation shall 
involve no negative consequences.     Information provided verbally to the interested  parties according to parts seven and eight of 
this Article, shall be taken into account by the Ministry in the process of an anti-dumping 
investigation only under condition it h as been submitted in writing.   
 8. The applicants and the interested parties wh ich have notified the Ministry of their concern 
according to part twelve of Article 12 of this Law, as well as competent bodies of the exporting 
country, may, upon their written demand, familiarize themselves with any information, provided by 
an interested party, except for c onfidential official documents of the Ministry and the Commission, 
where such information is:     (1) related to the protection of their interests;    
 (2) not confidential according to Article 32 of this Law;   
  (3) used in the anti-dumping investigation.     The interested parties may give their comments as to this information, which shall be taken 
into consideration by the Minist ry in the process of an anti-dumpi ng investigation, provided these 
comments are sufficiently grounded.    9. Any information, provided by the interested  parties, on the basis of which a positive or 
negative conclusion as to the presence of dumping and the damage shall be made, is subjected to the 
Ministry's verification with the exception of circumstances, stipulated in Article 31 of this Law.   
 
 Information and evidence, supplied to the Minist ry by one of the interested parties during an 
anti-dumping investigation, shall be forwarded by this interested party to all other interested parties.  
In case this information and evidence are not forwarded to the Ministry or to the interested parties or 
if they cannot be verified, such information and ev idence shall not be taken into consideration by the 
Ministry in the process of an anti-dumping investigation.   
 10. The period of an anti-dumping investigation shall not exceed one  year from the date when the 
decision to initiate such an investigation took effect.    
(paragraph one of part ten of Article 13 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005)  
 
 The Commission, by a relevant decision, may pr olong the term of an investigation, however 
this term shall not exceed 18 months.    
(paragraph two of part te n of Article 13 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
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  Chapter IV 
ANTI-DUMPING MEASURES 
 
Article 14.  Provisional Anti-Dumping Measures 
 
1. Provisional anti-dumping measures may be taken under the following conditions:   
  (1) initiation of an anti-dumping procedure in  accordance with the procedure, established by 
Article 12 of this Law;   
  (2) initiation of an anti-dumping investigation in accordance with the procedure, established 
by Article 13 of this Law;    
 (3) publication of notification on initiation of an anti-dumping investigation in the newspaper;   
  (4) the interested parties have been provi ded with a corresponding opportunity to submit 
information and comments according to part twelve of Article 12 of this Law;   
  (5) in the course of an anti-dumping investig ation the Ministry has made a preliminary 
positive conclusion on the presence of dumping and damage , that is a consequence of such dumping;   
  (6) the national interests require applica tion of the provisional anti-dumping measures in 
order to prevent the threat of damage;    
2. The provisional anti-dumping measures shall be applied upon the Commission's decision not 
earlier than after 60 days and not later than ni ne months from the date of initiation of the 
corresponding anti-dumping investigation.    3. In case the exporters, importers and pro ducers of goods, subject to an anti-dumping 
investigation, refuse the Ministry's verification of in formation according to articles 7-9, parts five and 
nine of Article 13 and Article 29 of this Law, not la ter than within 75 days from the date of initiation 
of the corresponding anti-dumping investigation it shall be determined, whether the provided 
information is sufficiently grounded for the prelim inary conclusion as to the presence of dumping and 
the damage.    
 Not later than 10 days prior to the possible date  of application of the provisional anti-dumping 
measures, the Ministry may inform the interested parties of its grounds that in the opinion of the 
Ministry necessitate submission of the proposal on application of the said measures to be considered by the Commission.  The interested parties may forward to the Ministry  their comments on this 
matter.  The Ministry shall consider the commentari es of the interested parties, provided they were 
submitted to the Ministry not later than 5 days prio r to the date of taking decision by the Commission 
on application of the provisional anti-dumping me asures.  The reasons for non-acceptance of the 
comments for consideration shall be stipulated in  the corresponding decision of the Commission.   
  In this case, the Commission, on the grounds of  the specified proposals of the Ministry may 
take decision on application of the provisional anti- dumping measures not later than 90 days since the 
date of initiation of an anti -dumping investigation.   
 4. Where importation of goods with a short-term product cycle into the importing country is an object of an anti-dumping investigation, or in case the Ministry refuses to perform verifications, 
specified in part three of this Article, the Ministry, no t later than 60 days after the date of initiation of  G/ADP/N/1/UKR/1 
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  the corresponding anti-dumping investigation, shall determine whether the provided information is 
sufficiently grounded for making a preliminary conc lusion as to the presence of dumping and the 
damage.  Such conclusions shall be made not later th an 75 days after the date of initiation of an anti-
dumping investigation.   
 5. If a member of the Commission demands the immediate application of the provisional anti-dumping measures according to the requirements of parts one and two of this Article, the Ministry shall:   
 
 (1) make preliminary conclusions as to the presence of dumping and the damage as well as on the expediency of application of the provisional anti-dumping measures not later than on the tenth workday after reception of the properly issued demand of a member of the Commission;    
 (2) inform the interested parties and the Commission of these conclusions and suggest the 
date of conducting a Commission's meeting on this issue.    6. Before completion of an anti-dumping investigation the Ministry shall establish the sufficiency of evidence, provided by the applican ts, interested parties and bodies of executive power 
of the importing country as to the presence of dumpi ng and the damage and expe diency of application 
of provisional anti-dumping measures.  The Ministry shall inform the Commission on the content of 
these conclusions.     Not later than 10 days before the possible date  of application of the provisional anti-dumping 
measures, the Ministry may inform the interested parties of its grounds that in the opinion of the 
Ministry necessitate submission of the proposal on application of the said measures to be considered 
by the Commission.  The interested parties may subm it their comments on this matter to the Ministry.  
The Ministry shall consider the comments of th e interested parties under condition they were 
submitted to the Ministry not later than 5 days prior to the date of making decision by the Commission on application of the provisional anti-dumping measures.  The reasons for non-acceptance of the comments for consideration shall be stipulated in the corresponding decision of the 
Commission.   
  On the basis of the said proposals of the Ministry the Commission may take decision on application of the provisional anti-dumping measures not later than nine months after the date of 
initiation of an anti-dumping investigation.   
 
7. Conclusions of the Ministry as to rejec tion of the provisional antidumping measures do not 
exclude taking a decision by the Commission as to  application of the sp ecified measures in the 
following cases:     (1) upon a grounded request of a member of the Commission;  or 
 
 (2) upon a grounded request of an interested national producer;  or   (3) on initiative of the Ministry in case of id entification of a new evidence of the presence of 
dumping and the damage.   
 
8. The provisional anti-dumping measures may be  applied through an introduction of collecting 
a preliminary anti-dumping duty.  The rate of the anti-dumping duty shall be established by a corresponding resolution of the Commission.    G/ADP/N/1/UKR/1 
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   The rate of the provisional anti-dumping duty shall be established:   
 
- in percentage of the customs value of goods su bject to an anti-dumping investigation.  The 
customs value of these goods shall be calcula ted in accordance with the basic terms of 
delivery CIF the importing country border;  or 
 
- as a difference between the minimum value and customs value of the specified goods, 
calculated in accordance with the basic terms of delivery CIF the importing country border;   
 
 Minimum price is a selling price of the specifi ed goods that shall not cause damage to the 
national producer.  The minimum value shall be calcu lated by the Ministry according to part nine of 
this Article.    
9. The procedure of calculation of minimum price is as follows:   
  (1) The Ministry shall calculate the price of goods, subject to an anti-dumping investigation, which was practiced in the market of the importing country within the basic period.  The Ministry 
shall calculate the weighted aver age value for the basic period on the grounds of weekly or monthly 
prices.  The Ministry shall only once fulfill these cal culations using the relevant information provided 
by the Service, the applicant or the interested party, or the corresponding information received from 
other sources.  The basic period is the period from six months to five years preceding the period of an investigation;     (2) The Ministry shall establish the actual curre nt market price of goods, subject to an anti-
dumping investigation, that was practiced in the market of the importing country in the specified 
period of investigation, within the anti-dumping in vestigation and the period of application of the 
provisional measures within the four last weeks preceding the 25th day of each month;     (3) The Ministry shall calculate the variable value in percentage that shall be equal to a 
difference between prices, determined in clauses 1 and 2 of this part, divided by the price of goods 
that was practiced in the market of the im porting country within the basic period;    
  (4) The Ministry shall establish a price of goods, manufactured by the national producer, within the basic period with the use of informati on, received from such producer and (or) from other 
sources in the process of an anti-dumping investigation;   
 
 (5) adjustment in price of goods of the nationa l producer shall be defined as a variable value 
in per cent, calculated according to clause 3 of this  part, multiplied by the price value of goods of the 
national producer, calculated according to clause 4 of this part;     (6) the minimum price for the next month shall be established by means of increase in the 
price of goods of the national producer for the basic period by the amount of the specified adjustment;   
  (7) the Ministry shall calculate the minimum pr ice on the grounds of the data available by the 
25th day of each month;    
 (8) the Ministry shall provide the Service with information on the minimum price not later 
than on 1 day of each month;     (9) the minimum price established according to  this part shall be valid during the whole 
period of application of the provisional anti-dumping measures;    G/ADP/N/1/UKR/1 
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   (10) where the minimum price is calculated for a five year period, the Ministry shall use the 
method of calculation of the minimum price, stipulated  in claues1-9 of this part, with the adjustment 
of the required data for a five year period of a pplication of the provisional anti-dumping measures.   
 
10. The provisional anti-dumping duty shall be paid in a cash or non-cash form or through 
remitting a duty amount to a deposit account, or through a relevant debt commitment, unless otherwise is stipulated by Ukrainian legislation.    
11. The rate of a provisional anti-dumping duty shall not exceed the preliminarily calculated 
amount of a margin of dumping and may be lower than the amount of such margin on condition the 
duty rate is sufficient to prevent the da mage, caused to the national producer.   
 
(paragraph one of part eleven of Article 14 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
  The provisional anti-dumping duty shall be char ged in a relevant size and in each individual 
case on a non-discriminatory basis, irrespective of  the country of export, if the Commission 
establishes by its decision that importation of the co rresponding goods is subject to application of the 
provisional anti-dumping measures.   
 
 The Commission in the abovementioned deci sion shall identify each supplier of goods 
importation of which into the importing country is  subject to application of the provisional anti-
dumping measures.  Where an anti-dumping investig ation is performed with respect to goods, 
imported by several suppliers from the same country and all these suppliers cannot be identified, the 
decision of the Commission shall specify the exporti ng country.  If an anti-dumping investigation is 
directed at goods, imported by several suppliers from more than one country, the Commission in its decision shall identify either all suppliers or, wh ere it is impossible, all exporting countries.   
  In its decision the Commission shall establish the rate of a preliminary anti-dumping duty, 
imposed on the goods of each supplier (producer, expo rter, and importer), importation of which into 
the importing country market subject to applica tion of anti-dumping measures, and where it is 
impossible to identify all suppliers of such products  - all exporting countries shall be identified.   
 12. The customs bodies of the importing country shall charge the preliminary anti-dumping duty at the rate and under the terms, established by a corresponding decision on application of the 
provisional anti-dumping measures.  A provisional an ti-dumping duty shall be imposed irrespective of 
the payment of other taxes and fees (compulsory pa yments), including duty and customs fees charged 
while importing certain types of products into the customs territory of the importing country.   
 13. The provisional anti-dumping measures shall be applied within a four months period.  The 
Commission may extend this term by two more months , however the total term of application of the 
provisional measures shall not exceed six months.  The term of application of the provisional anti-
dumping measures shall be extended to six months in those cases, when the exporters performing a 
considerable number of trade operations, subject to an  investigation, submit to the Ministry request on 
extension of the term of application of the provisi onal measures or do not object to the prolongation of 
this term.   
 
 A decision on prolongation of the term of app lication of provisional measures shall be made 
upon proposal of the Ministry at the meeting of the Commission by a qualified majority of vote.   G/ADP/N/1/UKR/1 
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  14. The Ministry, by order of the Commission, sha ll notify the Cabinet of Ministers of Ukraine of 
decisions, made according to this Article.    
15. The application of the provisional anti-dum ping measures should not create impediments to 
the customs legalization of goods, subject to an anti-dumping investigation.   
 
Article 15.  Obligations of Interested Parties 
 1. The anti-dumping investigation may be te rminated without charging the provisional or 
definitive anti-dumping measures, if:     (1) the Commission made a decision on application of provisional anti-dumping measures;    
 (2) the Ministry received from the exporter a satisfactory voluntary written obligation to 
reconsider his prices or terminate exporting of goods at dumped prices, into the region of the 
importing country subject to an investigation, so th at to assure the Ministry and the Commission that 
the effect of such dumping, causing the damage, shall be liquidated;     (3) the Ministry files to the Commission the ex porter's obligations together with the relevant 
proposals;   
  (4) The Commission has taken decision to accept the exporter's obligations.  The increase in 
prices pursuant to the exporter's obligati ons to discontinue the dumped imports:   
 
- shall not exceed the rate, required for the elimination of the margin of dumping;   
 
- but may be less than the value of the margin  of dumping, where the specified increase is 
sufficient for the liquidation of damage, caused to the national producer by the dumped imports.   
 
 Where the national producer determines the aggregate number of the producers of a certain 
region according to part one and two of Article 11 of this Law, the exporters shall be given an 
opportunity to offer their obligations as to importatio n of their products to the corresponding markets 
according to this Article.  In such a case the regi onal interests shall be taken into account as well, 
provided the Commission establishes that application of the provisional anti-dumping measures meets 
the national interests.   
 2. Where the above mentioned obligation is not sufficient for removing the consequences of the 
dumping, or it is not offered within 60 days from the date of the Commission's decision-making on 
collecting of preliminary anti-dumping duty, or if the ci rcumstances, stipulated in parts nine and ten of 
this Article take place, the Commission shall make a relevant decision on collecting of preliminary or 
definitive anti-dumping duty within the whole terr itory of the importing country.  In such cases the 
Commission by a relevant decision shall identify th e producers or exporters, established in the process 
of an anti-dumping investigation, from importe d goods of which the anti-dumping duty shall be 
collected.    
 If the exporters do not propose obligations as to termination of the dumped importations, or 
disagree with those of the Ministry, this in no wa y shall influence the anti-dumping investigation.  
However the Ministry may establish that a threat  of the damage is more probable in case of 
continuation of dumped imports.     G/ADP/N/1/UKR/1 
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   The Ministry or the exporters shall propose their obligations as to termination of dumped 
imports, where the preliminary conclusions of the Commission provide for the presence of dumping and damage, caused by this dumping.   
 
 Obligations shall not be proposed after expira tion of the term, envisaged by part five of 
Article 33 of this Law, unless it is determin ed by force-majeure circumstances.   
 3. The exporters' obligations to terminate dumped imports shall not be accepted, if the Ministry 
considers them unacceptable, particularly, wher e the number of actual or potential exporters is 
substantial, or due to other reasons, including pr otection of the national interests of the importing 
country.     Not later than 15 days prior to expiration of the term of application of the provisional anti-
dumping measures, an interested exporter may be notif ied of the grounds that in the opinion of the 
Ministry necessitate submission of proposal on rejecti on of the offered obligations to be considered by 
the Commission.  Such exporter ma y submit to the Ministry his comments on this matter, which shall 
be considered by the Ministry, if provided to the Mi nistry not later than 10 days prior to expiration of 
the term of application of the provisional anti-dumping measures.    
 The final decision of the Commission shall pr ovide for the reasons of non-acceptance of the 
exporter's comments to be taken into account.    4. The exporters, proposing obligations to disc ontinue the dumped imports, shall submit to the 
Ministry a non-confidential version of such obligatio n, which may be transferred by the Ministry to 
other interested parties.   
 5. Where after consultations between the Minist ry and the interested parties the exporters 
assume obligations to terminate the dumped imports , the Ministry shall approve the preliminary 
conclusions as to termination of an anti-dumping i nvestigation and submit to the Commission a report 
on the results of such consultations with the proposal to the Commission to take a decision on 
termination of an anti-dumping investigation.   
  The decision of the Commission on acceptance of  the exporters' obligations to terminate 
dumped imports and the decision on te rmination of the anti-dumping investigation shall be taken by a 
qualified majority of vote within one month from the date of making conclusions of the Ministry on 
termination of the anti-dumping investigation.  The anti-dumping investigation shall be deemed 
terminated, where the Commission did not approve an y other decision within one month from the date 
of submission of the said report by the Ministry.     In case the Ministry does not make a decision on termination of the anti-dumping investigation, the Ministry shall immediately forward to the Commission a detailed report on the 
results of the conducted consultations with a pr oposal to apply the anti-dumping measures.   
 6. In case the exporter's obligations to term inate the dumped imports are accepted by the 
Commission, the Ministry, shall generally, contin ue the anti-dumping investigation for the purpose of 
its termination.  Where the Ministry makes a nega tive conclusion as to the presence of dumping or the 
damage, the obligation shall lose its validity, ex cept cases, when the specified conclusion to a 
considerable degree is a result of fulfillment of obligations as to termina tion of dumped imports. In 
such cases the Ministry may demand that the obliga tions be valid during th e term, required for the 
liquidation of consequences of the dumped imports.   
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   Provided the Ministry makes a positive conclusion as to the presence of dumping and the 
damage, the exporter's obligation to discontinue the du mped imports shall be in effect according to the 
relevant Commission's decision.  
 
 The Ministry shall immediately submit to the Commission a report on the decisions, made pursuant to the provisions of this part.  The Comm ission at its meeting may approve another decision 
by a qualified majority of vote.    
7. The Ministry is entitled to demand from the exporter, which assumed an obligation to 
discontinue dumped imports, periodical reports  on performing the said obligation, as well as 
permission for conducting a verification of information,  concerning the fulfillment of such obligation.  
The exporter's refusal to fulfill these requirements sh all be deemed a violation of obligations.   
 
8. If the exporter's obligations to terminate dum ped imports are accepted in the process of an 
anti-dumping investigation, such obligations shall en ter into force on the date  of termination of the 
relevant anti-dumping investigation.    9. In case the Ministry identifies the facts of vi olation or cancellation by the exporter of assumed 
obligations to terminate dumped imports, the Mi nistry shall prepare a report with proposals on 
application of the corresponding anti-dumping me asures and submit it to the Commission to be 
considered.  The Commission at its meeting shall c onsider this report and according to Article 16 of 
this Law may take decision by a simple majority of vote on collecting of a definitive anti-dumping duty on the grounds of facts, established in the pro cess of an anti-dumping investigation, during which 
the exporter assumed obligations to terminate dump ed imports.  The decision on application of the 
definitive anti-dumping measures shall be taken, if:   
  (1) according to the results of an anti-dumping investigation, a fact of the presence of dumping and the damage is ultimately established by the Commission;     (2) the interested exporter, except cases of the exporter's cancellation of his obligations, shall 
have an opportunity to submit to the Ministry hi s comments which may be taken into account while 
considering this matter at the meeting of the Commission.    10. The Commission at its meetings shall review  the report of the Ministry and other provided 
information, on the grounds of which may take d ecision on immediate application of the provisional 
anti-dumping measures according to Article 14 of this Law:   
  (1) if there are reasons to consider that th e exporter violates his obligations to discontinue 
dumped imports;     (2) or the exporter violates or cancels his obligations to discontinue dumped imports where an 
anti-dumping investigation, in the process of whic h such obligations were accepted, has not been 
terminated.     The decision of the Commission on immediate application of the provisional ant-dumping measures shall be taken by a simple majority of vote.    G/ADP/N/1/UKR/1 
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  Article 16.  The Procedure for Terminating an Anti-Dumping Procedure or an Anti-Dumping 
Investigation without Application of Anti-Dumping Measures Application  
of Final Anti-Dumping Measures 
 
(the title of Article 16 is in the wording 
of the Law of Ukraine N 3027-IV of 1November 2005) 
 
1. Part one of Article 16 is deleted.   
 
(according to the Law of Ukraine 
N 3027-IV of 1 November 2005)  
 2. If application of the anti-dumping measures is unnecessary and refusal thereof is not opposed 
by the members of the Commission, the Commission,  upon proposal of the Ministry, shall terminate 
the anti-dumping procedure or the anti-dumping inves tigation without application of the anti-dumping 
measures.  The said decision shall be made by a qualified majority of vote.    3. According to part two of this Article, th e Ministry shall prepare a report and notify the 
representatives of the country of origin and (o r) the exporting country and publish a relevant 
announcement in the newspaper, in which the b asic conclusions and a summary of reasons for 
termination of an anti-dumping procedure or an  anti-dumping procedure shall be stated without 
application of the anti-dumping measures.    4. If during an anti-dumping investigation a conc lusion is approved to the effect that the 
evidence of dumping, injury or a causal link between  dumping and injury is not sufficient to justify 
the continuation of an anti-dumping investigation, in  particular, that the actual or potential volume of 
dumping imports from the exporting country is not significant or the margin of dumping is considered to be de minimis , upon the Ministry's suggestion the Commission shall make a decision on 
terminating such an anti-dumping investigation w ithout the application of anti-dumping measures.   
 
 The margin of dumping shall be considered to be de minimis  if this margin is less than 2 per 
cent of the export price.     Actual or potential volume of dumping imports  from the exporting country shall normally be 
regarded as negligible if the volume of dumped imports is found to account for less than 3 per cent of 
imports of the product under inv estigation in the importing country, unless exporting countries which 
individually account for less than 3 per cent of dumping imports of the product under investigation in 
the importing country collectively account for more than 7 per cent of dumping imports of the product 
under investigation in the importing country.     If during an anti-dumping investigation the Ministry should establish that the margin of 
dumping for individual exporters is less than 2 per cent of the export price, there shall be immediate 
termination of an anti-dumping investigation by the Commission upon the Ministry's suggestion without the application of anti-dumping measures agai nst such exporters.  These individual exporters 
shall continue to be subject to an anti-dumping procedure and may become subject to a new anti-
dumping investigation in the course of the further revision of anti-dumping measures that is carried 
out according to Chapter V of the present Law.   
 
(part four of Article 16 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005)  
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  5. Generally an anti-dumping investigation sha ll terminate in accordance with the decision of 
the Commission on application of the definitive an ti-dumping measures.  The definitive anti-dumping 
measures shall be applied under the following principles:   
 
 (1) where the Ministry has made the ultim ate positive conclusion as to the presence of 
dumping and the damage which is a consequence of this dumping, and where the national interests 
require the anti-dumping measures to be applie d according to Article 36 of this Law;   
 
 (2) while applying the provisional anti-dumping measures the Ministry shall forward to the 
Commission a proposal on application of the defi nitive anti-dumping measures one month prior to 
expiration of the term of application of the specified provisional measures;     (3) on proposal of the Ministry the Commission shall take decision on collection of the 
definitive anti-dumping duty and establish the rate of  this duty, that shall not exceed the value of a 
margin of dumping, calculated according to this Law,  and may be less than the value of such margin, 
provided this rate is sufficient to prevent the damage, caused to the national producer;   
 
(clause 3 of part five of Article 16 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
 (4) The rate of the definitive anti-dumping duty shall be established:    
- in percentage of the customs value of goods su bject to an anti-dumping investigation.  The 
customs duty of these goods shall be calculated in  accordance with the basic terms of delivery 
CIF the importing country border;  or  
 
- as a difference between the minimum price and customs value of the specified goods, 
calculated in accordance with th e basic terms of delivery CIF the importing country boarder.  
In this case the minimum value for a five-year te rm shall be calculated according to part nine 
of Article 14 of this Law.   
 
6. The definitive anti-dumping duty shall be co llected in the relevant amount in each case 
individually and on a non-discriminatory basis, irrespective of the exporting country, provided the Commission has established by its decision that im portation of the relevant goods is subject to 
application of the definitive anti-dumping measures,  except imports, with respect to which the 
exporter assumed the corresponding obligations according to this Law.   
  In the said decision the Commission shall identify each supplier of goods, importation of which into the importing country is subject to a pplication of the definitive anti-dumping measures.  
Where an anti-dumping investigation is carried out with respect to goods, being imported by several 
suppliers from the same country and it is impossi ble to identify all these suppliers, this exporting 
country shall be specified in the Commission's decision. If an anti-dumping investigation is carried 
out with respect to goods, which are imported by sev eral suppliers from more than one country, the 
Commission's decision shall determine either all th e suppliers or, where it is impossible to establish 
all the suppliers, - all exporting countries.    
 The Commission in its decision shall establish the rate of the definitive anti-dumping duty, 
charged upon the goods of the supplier (producer, ex porter, importer), importation of which into the 
importing country is subject to application of the anti-dumping measures.  Where it is impossible to identify a supplier (producer, exporter, and importer) of such goods, a rate of the definitive anti-
dumping duty for the exporting country shall be established in the decision.    G/ADP/N/1/UKR/1 
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  7. If in the process of an anti-dumping inv estigation the Ministry uses selective methods, 
envisaged by the Article 30 of this Law, an an tidumping duty collected of the imports into the 
importing country, which is performed directly by th e exporters or producers who have notified the 
Ministry of their concern according to Article 30 of  this Law, shall not exceed a weighted average 
value of a margin of dumping, established for the co mparable exporters or producers.  According to 
this part the Ministry shall not consider zero a nd insignificant values of dumping margin, as well as 
values, calculated in cases, stipulated in Article 31 of this Law.  The individual rates of an anti-
dumping duty shall be used in cases of direct importation to the importing country of goods by the 
exporters or producers, with respect to the imports of which the selective methods of an anti-dumping 
investigation are applied according to Article 30 of this Law.    8. A definitive anti-dumping duty shall be paid at the rate and terms, established in the relevant 
decision of the Commission on application of the definitive anti-dumping measures.  A definitive anti-
dumping duty shall be paid regardless of payment of other taxes and fees (compulsory payments), 
including duty, customs fee, etc. which are generally collected during importation of the goods in the importing country.    
Article 17.  Peculiarities in Application of  
Anti-Dumping Measures 
 1. The provisional and the definitive anti-dumpi ng measures shall be applied to goods, imported 
into the customs territory of the importing country, after the date of entry into force the relevant 
Commission's decision on application of such measur es, except cases, determined by this Law.   
 
2. In the case where a provisional anti-dumping dut y has already been imposed and the Ministry 
should finally establish the presence of dumping and injury, upon the Ministry's proposal the Commission may approve a decision to specify th e rate of such a provisional anti-dumping duty, 
irrespective of whether or not it will decide to apply the final anti-dumping duty.    
(paragraph one of part two of Article 17 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005) 
  The following shall not be taken into consider ation while establishing a fact of the damage:   
  (1) sufficient impediment to creation or expa nsion of the national production of goods subject 
to an investigation;   
  (2) a threat of infliction of sufficient da mage, except those cases, where the Ministry 
establishes, that a threat of infliction of sufficien t damage shall develop in to considerable damage, 
unless the provisional anti-dumping measures are applied.    
 In all other cases where a threat of infliction a sufficient damage is present or here is 
impediment to creation or  expansion of the nationa l production of goods, subject to an investigation, a 
preliminary anti-dumping duty shall not be collect ed and the definitive anti-dumping duty shall be 
charged after the date of ultimate establishment of a threat of substantial damage or considerable 
impediment to the creation or expansion of the national produc tion of goods, subject to an 
investigation.   
 3. In case the rate of the definitive anti-dumping duty is higher than that of the preliminary anti-
dumping duty, the supplier shall not pay the differe nce between these rates.  If the rate of the 
definitive anti-dumping duty is lower than rate of  the preliminary anti-dumping duty, such difference G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  between these rates shall be refunded to the supp lier (producer, exporter, and importer).  Should the 
Commission make an ultimate negative conclusi on as to the presence of dumping (damage), the 
amount of the preliminary anti-dumping duty, paid or  remitted to a deposit account of the preliminary 
anti-dumping duty, shall be refunded to the suppl ier (producer, exporter, importer) and the debt 
commitment shall be cancelled.    4. The definitive anti-dumping duty may be collect ed from goods, declared for shipment to the 
customer, within 90 days before the date of appli cation of the provisional anti-dumping measures, but 
not earlier than 60 days before the date of initia tion of an anti-dumping investigation, under the 
following circumstances:     (1) importation of the aforementioned goods into the importing country has been carried out under the contracts, registered according to part four of Article 28 of this Law;   
 
 (2) the Ministry provided the importers with an opportunity to submit their comments;     (3) the Ministry has established that:    
- the specified goods have been a subject of dumping for a long period of time in the past or an 
importer was or should have been aware of th e existence of dumping, its size and (or) 
damage, which is stated to have taken place, a nd which has been established in the process of 
an anti-dumping investigation;  
 
- besides the imports that cause damage and whic h have been carried out within the period of 
an investigation, a new substantial growth in the volumes of imports took place, that, taking 
into account the specific period of its fu lfillment, as well as the volume and other 
circumstances (particularly, fast increase of inventories of the imported goods), may neutralize the effect of the definitive anti-dumping duty, collected of such imports.   
 5. In case of violation or cancellation of expor ter's obligations to discontinue the dumped 
imports, a collection of the definitive anti-dumping du ty from goods may be introduced 90 days prior 
to the date of application of the provisional anti-du mping measures, but not earlier than the date of 
initiation of the corresponding anti-dumping inves tigation under the presence of the following 
circumstances:    
 (1) importation of the specified goods into th e importing country has been carried out under 
the contracts, registered according to part four of Article 28 of this Law;     (2) application of the anti-dumping measures according to this part does not apply to the imports, entered prior to violation or cancellation by  the exporter of his obligations to terminate the 
dumped imports.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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  Chapter V 
 
TERM OF VALIDITY OF ANTI-DUMPING MEASURES, THEIR RECONSIDERATION, 
RESUMPTION OF ANTI-DUMPING INVESTIGATION AND REFUND OF THE PAID 
AMOUNTS OF ANTI-DUMPING DUTY 
 
Article 18.  Term of Validity of Anti-Dumping Measures and  
General Provisions of their Reconsideration 
 1. The anti-dumping measures shall be applied pursuant to the corresponding decision of the 
Commission within the terms and in the amount, sufficient for liquidation of dumping, causing the damage.    
2. A decision on application of anti-dumping measures shall lose its validity not later than after 
five years from the date of their application or fro m the date of the latest decision of the Commission 
on reconsideration of anti-dumping measures, the resu lt of which was establishment of the fact of the 
presence of dumping and the damage, provided in the process of such consideration the Commission has not established, that expiry of the force of anti-dumping measures would facilitate the practice or resumption of dumping and cause damage.   
 
3. The requirements of articles 12 and 13 of this Law, with the exception of terms, determined 
by these Articles, shall extend to the procedure of  reconsideration of anti-dumping measures, which 
shall be completed according to Articles 18 - 23 of this Law.    
4. Reconsideration of the anti-dumping measur es shall be performed within undertime, and 
generally not later than twelve months from the date of initiation of such reconsideration.   
 5. The Ministry shall fulfill the reconsiderati on of the anti-dumping measures according to the 
relevant decisions of the Commission.    
6. Where in the process of reconsideration of the anti-dumping measures the Ministry makes a 
positive or negative conclusion as to the presence of  dumping and (or) damage, the Ministry shall 
prepare a report with the relevant proposals and submit it to the Commission.  On the grounds of this report the Commission may make one of the following decisions:    
 (1) cancel or continue the anti-dumping measures according to Article 19 of this Law;   
  (2) cancel, continue or change the anti-dumping measures according to articles 20 and 21 of this Law.    7. If the decision to cancel the anti-dumping measures is made only with respect to individual 
exporters, and not the aggregate number of countries, such exporters shall remain the subjects of the 
said anti-dumping procedure and may be subject to a new anti-dumping investigation in case of 
initiation of the next reconsideration of anti-dum ping measures in accordance with the provisions of 
this chapter.    
8. If according to Article 20 of this Law a r econsideration of the anti-dumping measures is 
carried out at the end of the term of application of anti-dumping measures, specified in Article 19 of 
this Law, such anti-dumping measures shall be recons idered as well, according to Article 19 of this 
Law.   
 G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  Article 19.  Reconsideration of Anti-Dumping Measures  
due to Expiry of their Application 
 
1. Within the first half of the last year of application of the anti-dumping measures the Ministry 
shall publish a notice in the newspaper on the date of  expiry of application of such measures.   
 2. Reconsideration of the anti-dumping measures du e to expiry of their application shall be 
initiated on demand of the national producer or that of a body of executive power of the importing 
country.  The anti-dumping measures shall be valid until the Commission makes a corresponding 
decision under the results of this reconsideration.    3. Not later than three months prior to ending of the five-year term of application of anti-
dumping measures the national producer or bodies of  executive power of the importing country may 
submit to the Ministry a demand on reconsideration of the anti-dumping measures due to expiry of 
their application.    4. Reconsideration of the anti-dumping measures du e to expiry of their application shall be 
initiated, in case the relevant demand contains suffi cient evidence that discontinuance of antidumping 
measures is likely to cause continuation of the pr actice or resumption of damage.  This probability 
may be confirmed by:   
  (1) an evidence of continuation of dumping effect and the damage;  or   (2) an evidence of complete or partial liquidatio n (prevention) of a damage due to application 
of the anti-dumping measures;  or 
  (3) evidence, confirming that the status of the exporters or economic  conditions are deemed 
those, under which the probability of emerging of new types of dumping, causing damage, may not be 
excluded.    
5. In the process of reconsideration of the anti-dumping measures due to expiry of their 
application, the exporters, importers, competen t bodies and Ukrainian producers shall be provided 
with an opportunity to supplement, refute or comme nt on the demand to reconsider the anti-dumping 
measures and conclusions of the Ministry, which co ntain properly substantiate d and forwarded to the 
Ministry proofs as to the possibility of continua tion of resumption of dumping and damage due to 
discontinuation of the force of antidumping measures.   
 6. The Ministry shall publish a notice in the newspaper on the actual ending of the term of application of anti-dumping measures.   
 
Article 20.  Intermediate Reconsideration of  
Anti-Dumping Measures 
 
1. The Commission may review the necessity of continuation of application of the anti-dumping 
measures on the grounds of a substantiated dema nd of a body of executive power of the importing 
country, an exporter, importer or a national pro ducer, under condition that at least one year has 
elapsed from the date of application of the defi nitive anti-dumping measures.  Such demand shall be 
submitted to the Ministry and should provide fo r sufficient evidence and substantiation of the 
necessity of an intermediate reconsideration.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
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  2. The intermediate reconsidera tion shall be initiated if the relevant demand contains sufficient 
evidence, proving that:    
(1) continuation of application of anti-dum ping measures is no more necessary for the 
prevention of dumping;     (2) and (or) continuation or resumption of damage infliction is unlikely, should the anti-dumping measures be cancelled or altered;   
 
 (3) the applied anti-dumping measures are not or shall not be sufficient for the prevention of 
dumping which causes damage.    3. In the process of reconsideration, carried out according to this Article, the Ministry shall in 
particular study:   
  (1) whether the circumstances, of dumping a nd damage, have considerably changed;   
  (2) whether the applied anti-dumping measures ha d the desired effect and whether there is 
prevention of damage, previously established , according to Article 10 of this Law;   
 
 The Commission shall take into account all the properly grounded evidence, related to the 
specified reconsideration, while making its ultimate decision.    
 
Article 21.  Reconsideration of Anti-Dumping Measures in order to  
Establish Individual Values of a Margin of Dumping for  
New Exporters or Producers 
 
1. The Ministry, by decision of the Commission,  shall reconsider the anti-dumping measures for 
determination of individual values of dumping margins for the new exporters or producers from 
exporting countries subject to consideration and w ho have not exported goods  within the period of 
investigation, under results of which the an ti-dumping measures have been applied.   
 2. The Ministry shall fulfill the specified rec onsideration under the following conditions:   
  (1) a new exporter or producer proves that he  is not connected with those exporters or 
producers from an exporting country, whose importa tion of goods into the importing country is 
subject to the application of anti-dumping measures;     (2) the exporters or producers, determined in clause 1 of this part, performed exportation of 
goods into the importing country within the period of investigation, or where the specified exporters 
and producers prove that they have signed irrevo cable contracts on the exports of sufficient quantities 
of products to the importing country.   
 3. The Ministry, by decision of the Commission,  shall reconsider the anti-dumping measures for 
the purpose of establishing individual values of a margin of dumping for a new exporter or producer 
from the exporting country.  Such reconsideration shall be executed within a short period of time, 
established by the Commission.   
 4. Within the period of such reconsideration the Ukrainian producers may provide their comments on expediency of such reconsideration.    G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  5. Collection of the acting anti-dumping duty from a new exporter, subject to this 
reconsideration, shall be terminated by a re levant decision of the Commission and mandatory 
registration of contracts on imports into the im porting country shall be introduced according to 
Article 28 of this Law, with the aim to resume collection of an anti-dumping duty from the date of 
initiation of the relevant reconsideration, in case the presence of dumping on the part of this exporter 
has been proved in the process of such reconsideration.   
 6. The provisions of this Article shall not be applicable, where the anti-dumping duty is charged 
according to part seven of Article 16 of this Law.   
 
Article 22.  Accelerated Reconsideration of  
Anti-Dumping Measures 
 
1. An exporter, importi ng goods to the importing country, that  are covered by the definitive anti-
dumping duty, who has not been identified as an individual subject of a primary anti-dumping investigation by reasons, other than refusal to coopera te with the Ministry, has a right to apply to the 
Ministry with a demand to initiate an accelerated reconsideration of anti-dumping measures for the 
purpose of establishing by the Ministry and the Commission the rate of the definitive anti-dumping duty for the said exporter.   
 
(part one of Article 22 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 2. The Ministry shall perform an accelera ted reconsideration of anti-dumping measures, 
provided the Commission has made a corresponding decision at its extraordinary meeting.   
 3. While conducting the accelerated reconsid eration of anti-dumping measures, a national 
producer may submit to the Ministry his comment s on expediency of performing the specified 
reconsideration.    
4. Collection of the acting anti-dumping duty from an interested exporter, subject to this 
reconsideration, shall be terminated by a relevant  decision of the Commission on performing of an 
accelerated reconsideration of anti-dumping measures.  This very decision shall introduce a mandatory registration of contracts on imports into  the importing country according to Article 28 of 
this Law, which is aimed at resumption of collection of the anti-dumping duty since the date of 
initiation of the relevant reconsideration, under condition the presence of dumping with such an 
exporter has been proved during this reconsideration.    5. Provisions of this Article shall not be app licable in those cases, where the anti-dumping duty 
is charged according to part seven of Article 16 of this Law.    
Article 23.  Resumption of Anti-Dumping Investigation 
 
1. If a national producer provides the Ministry with substantial evidence that the anti-dumping 
measures cause no changes or cause insignificant changes in the price of goods, importation of which is covered by the anti-dumping measures, while reselli ng these goods or prices of the next sale of such 
products in the importing country, the Ministry may resume an anti-dumping investigation by 
decision of the Commission, made by a simple majority  of vote, in order to de fine to which extend the 
anti-dumping measures affected the specified prices of such products.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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  2. After resumption of an investigation pursuant to this Article, the exporters, importers and the 
importing country producers shall be provided with an opportunity to give their comments on dynamics of prices of goods, with respect to importation of which the anti-dumping measures are 
applied, while reselling such goods or prices of the ne xt sale of such products in Ukraine.  In case the 
Ministry determines that there is a change in the aforementioned prices because of application of the anti-dumping measures, in order to prevent the da mage, established earlier according to Article 10 of 
this Law, the Ministry shall calculate anew:    
 (1) the export prices according to Article 8 of this Law;   
  (2) the size of a margin of dumping for the calculation of new export prices.     If the Ministry determines that the absence of  changes in prices in the importing country is 
caused by a decrease in export prices before or af ter application of the anti-dumping measures, the 
value of the margin of dumping may be recalcula ted with a decrease in export prices taken into 
account.    3. If during the resumed investigation, the Minist ry should establish that the margin of dumping 
has increased, upon the Ministry's proposal, the Co mmission shall approve a decision by a simple 
majority vote to introduce amendments to the prev ious decision regarding the application of a new 
anti-dumping duty rate in connection with the establishment of new export prices.  Within one month after it was submitted by the Ministry, the proposal shall be approved by the Commission unless it decides by a simple majority vote to reject it.  The anti-dumping duty rate established in accordance 
with this Article shall not be a double of the duty  rate established by the Commission in its original 
decision.   
 
(part three of Article 23 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005) 
 
4. The corresponding provisions of articles 12 and 13 of this Law shall be applied in the process 
of the resumed investigation, initiated according to this Article.  Generally, the resumed investigation 
terminates not later than after six mont hs from the date of its resumption.   
 5. Any changes in the normal value, which are st ated to have taken place, shall be taken into 
account in the process of the resumed investigatio n if the complete and duly proved by evidence 
information on the normal value (here and hereinafter in this chapter - more than one normal value), 
inspected by the Ministry is provided to the Mini stry within the term, determined in the notice on 
initiation of an anti-dumping investigation.  If the no rmal value is calculated anew in the process of 
the resumed investigation, the contracts on importation of goods into the importing country, subject to such an investigation, are subject to the mandato ry registration according to Article 28 of this Law 
prior to making a decision due to the results of the aforementioned resumed investigation.    
Article 24.  Refund of the Paid Amounts of  
Anti-Dumping Duty 
 
1. An importer has a right to demand the an ti-dumping duty to be refunded, provided this 
importer proves and the Commission takes a relevant decision that the value of a margin of dumping, 
on the basis of which the rate of the said duty has b een calculated, was decreased to a zero rate or to 
the level that is lower than the value of the pre liminary calculated margin of dumping, on the grounds 
of which the anti-dumping duty has been collected.    G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  2. For the purpose of refund of the paid amounts of the anti-dumping duty, an importer shall 
submit a corresponding application to the Service.  This application shall contain information on 
customs bodies that carried out the customs legalization of products, covered by the anti-dumping 
duty.  The application shall be supplemented with  documents, confirming importation of goods into 
the importing country, their customs legalizatio n and payment of the anti-dumping duty within 
six months from the date of taking the Commission's decision on imposition of the definitive anti-dumping duty or from the date when the ultimate de cision on collection of amounts that shall secure 
payments of the preliminary anti-dumping duty has been made.   
 
 The Service shall immediately forward to the Mi nistry the originals of such application and 
the attached documents. Copies of the stipulated doc uments shall be directed to the Commission and 
the Ministry of Finance of Ukraine.    
3. The application on refund of the paid am ounts of anti-dumping duty shall be considered 
properly substantiated, under condition it provides for accurate information on the paid amounts of an 
anti-dumping duty and is accompanied by all the cu stoms documents on settleme nts and payments of 
the specified amounts.  The application should also  contain substantiation of the normal value and 
export prices in the importing country for the expo rters or producers, which have paid the anti-
dumping duty within the term, established in part two of this Article.   
 
 In case the importer is not related to the expor ter or producer of the said goods and where it is 
impossible immediately to use the available information, specified in parts two and three of this 
Article, or the exporter or producer refuses to pr ovide the importer with such information, the 
stipulated application shall contai n substantiation of the exporter or  producer, proving that the value 
of the margin of dumping has been decreased or removed according to this chapter, as well as 
respective evidence, confirming this substantiation.     The Ministry shall reject the abovementioned application, unless the exporter or the producer 
submits this evidence within 30 days from the date of the Ministry' reception of the application.   
 
4. The Commission on proposal of the Ministry shall consider the specified application together 
with the conclusions of the Service and the Ministry  of Finance of Ukraine and make a decision as to 
its expediency and the extent of its satisfaction.  The Commission shall make a relevant decision by 
the results of such consideration.  The Co mmission may take a decision on initiation of an 
intermediate reconsideration of the anti-dum ping measures.  The Commission shall use the 
information and conclusions arising from such reconsideration and which are established in 
compliance with the rules, used during such rec onsideration, for the purpose of determination of 
substantiation and the size of refunding of paid amounts of the anti-dumping duty.   
 5. The Commission shall generally take a decisi on on refunding of amounts, paid in excess of 
the actual fixed rate of the margin of dumping w ithin twelve months, but not later than eighteen 
months from the date of submission by an importer of the products, subject to application of the anti-
dumping measures, the application on refunding of paid amounts of the anti-dumping duty.  The Ministry of Finance of Ukraine shall refund the s tipulated amounts within 90 days from the date of 
making a relevant decision of the Commission.    
 If the interested importer has not completed th e composing of documents on refunding of paid 
amounts of the anti-dumping duty within the terms, specified in this part, these amounts shall not be refunded.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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  Article 25.  Final Provisions on Reconsideration of Anti-Dumping Measures, 
Resumption of Anti-Dumping Investigation or Refunding of  
Paid Amounts of the Anti-Dumping Duty 
 1. While reconsidering the anti-dumping measures, resumed investigations or refund of the paid 
amounts of anti-dumping duty in accordance with this chapter, the Ministry, in case the circumstances 
have not changed, shall act according to the rul es of conducting an anti-dumping investigation, under 
the results of which, collection of an anti-dumping duty has been introduced, taking into account the 
requirements of articles 7-9 and 30 of this Law.   
 2. In the process of an anti-dumping investigation, in accordance with this chapter, the Ministry 
shall examine the authenticity of  export prices according to articles 7-9 of this Law.   
 
 In case the decision on the development of th e export price has been made according to 
Article 8 of this Law, the Ministry shall calculate the export price without taking into account the paid 
amounts of the anti-dumping duty, under condition the Mi nistry has been provided with substantiated 
evidence, proving that the rate of an anti-dum ping duty properly affects the reselling prices of 
products and prices of the next sale of such  products in the importing country.   
 
3. The provisions of this chapter shall create no impediments to the customs legalization of 
goods, subject to an anti-dumping investigation as to  reconsideration of the anti-dumping measures or 
refund of paid amounts of the anti-dumping duty, carried out according to this chapter. 
 
 
Chapter VI 
 
GENERAL AND SPECIAL PROVISIONS ON COLLECTION  
OF ANTI-DUMPING DUTY 
 
Article 26.  Goods with a Short-Term Product Cycle 
 
1. A national producer, manufacturing or processi ng goods with a short-term product cycle may 
submit to the Ministry an application on establishm ent of the category of products and attributing to 
this category of goods, with respect to the imports of which, two or more positive conclusions as to 
the presence of dumping have been made.   
 
2. The application shall provide for:     (1) information on goods with a short-term pr oduct cycle or similar goods, with respect to the 
imports of which two or more positive conclusions as to the presence of dumping have been made;   
 
 (2) information on goods with a short-term  product cycle or similar products which the 
applicant is willing to attribute to the same product category, to which the products are included, with 
respect to the imports of which two or more positive conclusions on the presence of dumping have 
been made;    
 (3) information on goods with a short-term product cycle, or similar products which the 
applicant is willing to remove from the category of products with respect to the imports of which two 
or more positive conclusions as to the presence of dumping have been made;   G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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   (4) grounds for attributing and (or) removal of  goods from the category of products to which 
goods, with respect to the imports of which two or more positive conclusions as to the presence of 
dumping have been made, according to clauses 2 and 3 of this part;   
 
 (5) complete description of goods with a short-term product cycle or similar goods;   
  (6) evidence, proving that the applicant is a national producer according to Article 11 of this 
Law.  
 
 The Ministry shall consider the evidence, provi ded with the application, in order to identify 
whether they are sufficient for preparation of a co rresponding report and transference this application 
to the Commission.    
 Where the Ministry makes a positive conclusion on the sufficiency of evidence, it shall make 
a relevant report and submit it to the Commission.    3. Upon receipt of the aforementioned applica tion from a national producer and the relevant 
report of the Ministry, the Commission shall:    
 (1) apply for the Ministry and the Servi ce for the immediate c onfirmation of positive 
conclusions, which are the grounds for the aforementioned application;   
  (2) upon reception of such confirmation determine whether:    
- the stipulated goods are subject to positive conclusions as to the presence of dumping and 
whether such goods are goods with a short- term product cycle or similar products;   
 
- the applicant is an authorized represen tative of the national producer.   
 4. In case the conclusions of the Commission, in  accordance with clause 2 of part two of this 
Article is positive, the Ministry, by order of the Commission, shall:   
  (1) publish an announcement in the newspaper on submission of the application;     (2) provide the interested parties, which info rmed the Ministry of their concern according to 
part twelve of Article 12 of this Law, with an  opportunity to submit their comments and forward a 
proposal to conduct the corresponding hearings at the Mi nistry according to Article 12 of this Law.   
 5. Not later than 90 days after submission of th e corresponding application according to part one 
of this Article, the Commission, upon the proposal of the Ministry, shall:    
 (1) determine the volume of the category of products, under which the goods with a short-
term product cycle or the similar goods shall be class ified and with respect to the imports of which 
positive conclusion as to the presence of dumping have been made;     (2) any time on its own initiative may take a decision on introduction of changes to the 
category of goods, established according to clause 1 of this part.  The Commission shall take such 
decision, under condition of observation of requirements,  stipulated in part three of this Article;    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
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   (3) while making decision according to clause 1 or 2 of this part, shall monitor that the 
category of goods included only similar goods with a short-term product cycle, produced with the use 
of similar technological processes, in the simila r conditions and having a similar application.   
 
6. The goods with a short-term product cycle are goods that pursuant to the conclusion of the 
Ministry and the Commission are deemed outdated du e to the introduction of new technologies in four 
years after commencement of their sales.  The out dated goods are those goods, which at the moment 
do not meet the requirements of the latest technologies.   
 
7. For the purpose of this Article a national pr oducer is producer (producers) who represents a 
certain branch of the national production, ma nufacturing or processing goods with a short-term 
product cycle or similar goods which:    
 (1) directly or indirectly compete with other products, with respect to the imports of which 
two or more positive conclusions on the presence of dumping have been made;   
  (2) is so similar to such products that may be attributed to the same category, established 
according to this Article.    
8. For the purpose of this Article a positive conclusion as to the presence of dumping shall 
mean:     (1) a definitive positive conclusion as to the presence of dumping, made by the Commission according to chapters IV and VI of this Law, gr ounding on the data of an eight-year term which 
preceded the submission of an application by a na tional producer on establishment of the category of 
products and attributing of products to the category,  to which goods, with respect to the imports of 
which two or more positive conclusions as to the pr esence of dumping have been made, are included 
and as to which a relevant decision on collection of an anti-dumping duty at the rate of not less than 
15 per cent of the customs value of goods, subj ect to an investigation, has been made;   
 
 (2) or preliminary conclusion as to the pr esence of dumping, approved by the Commission 
according to chapters IV and VI of this Law, gr ounding on the data of an eight-year term which 
preceded the submission of an application by a na tional producer on establishment of the category of 
products and attributing the goods to  the category, which involves goods, with respect to the imports 
of which two or more positive conclusions as to th e presence of dumping have been made within the 
process of an anti-dumping investigation, during which a decision on acceptance of the exporter's 
obligation to discontinue dumped imports has been  made according to Article 15 of this Law.   
 9. Goods with a short-term product cycle shall be subject to a positive conclusion as to the 
presence of dumping, on condition the Commission:    
 (1) establishes a value, by which the normal co st of such products exceeds its export price in 
the importing country;      (2) determines in the positive conclusion on the presence of dumping, or in the decision on introduction of collection of an anti-dumping duty, ma de due to the results of the positive conclusion 
on the presence of dumping of individual producer (exporting country) with respect to imports of 
which the value, specified in clause 1 of this part, has been approved.   G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  Article 27.  Avoidance of Payment of 
Anti-Dumping Duty 
 
1. The anti-dumping duty, collected according to this Law, may be extended to the imports of 
similar goods or a part of such goods in case avoidance of payment of anti-dumping duty takes place.     Any changes in the structure of trade between the importing country and other countries, emerging in the process of transactions and (or) act ivities of foreign producers, exporters and (or) 
importers, etc., shall be treated as avoidance of paym ent of anti-dumping duty.  Such changes shall be 
deemed insufficiently substantia ted or economically ungrounded, except cases of application of an 
anti-dumping duty, proving that:    
- introduction of an anti-dumping duty shall be  neutralized by prices and (or) volumes of 
similar products; 
 
- the dumping exists because of the normal value which has been previously calculated for 
similar products. 
 2. The assembly of certain products in the impor ting country or in a third country shall be 
considered avoidance of payment of the anti-dumping duty, where:   
  (1) such transaction has been initiated or is ca rried out immediately before or after initiation 
of an anti-dumping investigation and the component s of such products are supplied from the country 
with respect to imports of which the anti-dumping measures are applied;   
 
 (2) the value of component parts of such produc t is not less than 60 per cent of the total value 
of the finished product.  In this respect there sha ll be no fact of avoidance of payment of anti-dumping 
duty, if the added value of components that have been assembled in the course of the aforementioned 
transactions and (or) completion of production ex ceeds 25 per cent of the production costs.   
 
 (3) application of an anti- dumping duty is neutralized by prices and (or) volumes of the 
assembled goods or similar goods and there are su fficient evidence of the presence of dumping 
because of the normal value, previously calcu lated for the assembled or similar goods.   
 3. Where an interested party (an applicant in an anti-dumping investigation or a body of 
executive power of the importing country) considers that  there is a fact of avoidance of payment of 
anti-dumping duty, such person shall file to the Ministry a complaint, providing for sufficient evidence of the presence of facts, determined in parts one and two of this Article.   
 4. Upon the complaint, submitted according to part  three of this Article, and on the basis of a 
corresponding decision of the Commission, the Minist ry shall carry out an anti-dumping investigation 
as to the facts of avoidance of payment of anti- dumping duty.  In the aforementioned decision the 
Commission shall authorize the Ministry to establish:     (1) a compulsory registration of the contracts on imports to the importing country according to part four or Article 28 of this Law;  or 
 
 (2) depositing of a relevant amount at the account  by a supplier.  Funds to the deposit account 
may be remitted at the place of location of cu stoms bodies, performing the customs legalization of 
goods, subject to the specified anti-dumping investiga tion.  The Service shall establish the procedure 
of funds remitting to a deposit account.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
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   For the purpose of investigation of the facts of avoidance of payment of anti-dumping duty, 
the corresponding provisions on initiation and perform ance of anti-dumping investigations, envisaged 
by this Law, shall be applied, except those provi sions, concerning the terms.  The abovementioned 
investigation shall be fulfilled by the Ministry w ith the assistance of the Service within the term, not 
exceeding nine months.    5. In case the Ministry establishes the facts of avoidance of payment of anti-dumping duty, the 
Commission, upon proposal of the Ministry, may take a decision by a simple majority of vote as to 
application of anti-dumping measures.  Such measur es shall be applied after the Commission takes a 
relevant decision according to part four of this Article.    6. Where imports of products into the importing country are performed under a license of the Ministry, certifying that such product imports do not cause an avoidance of payment of an anti-
dumping duty, no anti-dumping measures shall be app lied to such imports and the contracts, under 
which the stipulated imports have been fulfilled, shall be exempted from compulsory registration in accordance with part four of Article 28 of this Law.    7. The provisions of this Article shall not create impediments to execution of the customs 
legalization of goods, subject to an anti-dumping investigation.    
Article 28.  General Provisions on Collection of  
Anti-Dumping Duty 
 
1. A provisional or definitive anti-dumping duty sh all be collected at the rate and under the 
terms, established by a relevant decision of the Co mmission on application of anti-dumping measures.  
The specified duty shall be paid irrespective of the payment of other taxes and fees (compulsory 
payments), including duty, customs fee and others, generally paid while impor ting certain goods into 
the customs territory of the importing country.  The countervailing duty and the anti-dumping duty 
shall not be simultaneously imposed as to goods, imported by the same supplier.   
 
2. The Ministry shall publish in the newspa per the announcement on a corresponding decision, 
introducing collection of a provisional or definitiv e anti-dumping duty, on acceptance of an exporter's 
obligations to terminate the dumped imports, or on termination of the anti-dumping procedure or an 
anti-dumping investigation without application of anti-dumping measures.  Meeting the requirements 
to the protection of confidential information, such  decisions should provide for a list of exporters, 
where it is possible, or a list of the interested countries, as well as description of goods, summary of 
the facts and basic conclusions as to the presence of dumping and the damage.  A copy of the decision shall be forwarded to the interested parties.     Provisions of this part shall as well be applied to the corresponding decisions on 
reconsideration of anti-dumping measures.   
 
3. For the purpose of protection of the national interests the force of the anti-dumping measures, 
according to this Law, may be suspended by a decision of the Commission, made by a simple majority of vote, for the term up to nine months .  This term upon the Ministry's proposal may be 
prolonged to one year by a releva nt decision of the Commission, made by a qualified majority of vote.  
The practice of the anti-dumping measures may be suspended under the presence of the following 
conditions:    
(paragraph one of part three of Article 28 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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   (1) economic conditions on the market of Ukra ine temporarily changed so that due to the 
suspension of the practice of anti-dumping measures, resumption of causing damage will be improbable;   
 
(clause 1 of part three of Article 28 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
 (2) the national producer had an opportunity to submit his comments on suspension of the 
force of anti-dumping measures;   
  (3) the comments, provided by a national producer to the Ministry, were taken into account by the Commission.    
(clause 3 of part three of Article 28 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
The force of the anti-dumping measures may be resumed by the decision of the Commission 
provided their suspension is unjustified.  An inter ested party may submit to the Ministry its comments 
on this matter, which may be taken into considera tion by the Ministry.  The Commission shall take a 
relevant decision as to this issue upon representation of the Ministry.    
 
(paragraph five of part three of Article 28 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005) 
 
4. The decision on introduction of the practice of registration of contracts on importation of 
goods into the importing country, including their com pulsory registration according to this Law, shall 
be made upon representation of the Ministry at the extraordinary meeting of the Commission.  A substantiated application (complaint ) of an interested party, body of executive power of the importing 
country or that of the national producer may be  the basis for the relevant recommendation of the 
Ministry.   
 
After reception of the application (complaint), the Ministry shall consider all the provided 
information and evidence, contained therein, within five days from the day of their reception with the 
purpose of determination whether such information and evidence are sufficient for making a relevant 
decision by the Commission.  In case the Ministry  establishes that these information and evidence are 
sufficient, the Commission at its meeting, upon pr oposal of the Ministry, may take a decision on 
introduction of the practice of registration of contracts on imports into the importing country, 
including their compulsory regist ration according to this Law.   
  Grounding on the decision on introduction of the specified registration and after validation of the said decision, the anti-dumping measures shall be applied to the imports, performed under the 
contracts registered in the Ministry.   
  The decision on registration of the contracts on imports into the importing country shall provide for a precise identification of an object of registration and, if necessary, an approximate rate 
of an anti-dumping duty, calculated for the purpose of a possible collection of such duty in the future.  
The customs value of goods shall be calculated according to the basic terms of delivery CIF the 
importing country border.     The term of the practice of compulsory regist ration of contracts on imports into the importing 
country shall not exceed nine months from the date of its introduction.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
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   Importation of goods to the customs territory of the importing country under the contracts on 
imports into Ukraine shall be carried out upon prov iding of a license for the imports, issued by the 
Ministry, and other documents, confirming remitti ng of a relevant amount to a deposit account.  
Funds may be remitted to a deposit account at the place of location of customs bodies, executing the 
customs legalization of goods, imported into the cu stoms territory of the importing country under the 
contracts, registered according to the procedure,  determined by this Article.  In certain cases the 
importer's payment of an anti-dumping duty may be pe rformed in the form of a debt commitment.   
 
5. In case importation of goods, with respect to which the anti-dumping measures are applied, 
are imported into Ukraine for the purposes of the Mini stry of Defense of Ukraine, such products shall 
be exempted from an anti-dumping duty, under c ondition the Commission has taken a corresponding 
decision thereon and where importation of such good s into Ukraine is fulfille d in accordance with the 
contracts, registered according to part four of this Article.   
 
6. The Service shall quarterly inform the Mi nistry and the Commission of the volumes of 
imports subject to an anti-dumping investigation or  with respect to which the anti-dumping measures 
are applied, as well as on the amounts of an anti-dumping duty, collected according to the relevant decision of the Commission.   
 
7. Without any damage to part six of the present Article, the Ministry may demand that in each 
individual instance the bodies of executive power of Ukraine should submit information needed in 
accordance with this Article for effective oversight of anti-dumping measures and oversight of activities undertaken by importers, sellers and Ukrainia n producers.  In this case, provisions of parts 
four and five of Article 13 shall apply.  Any data supplied by the bodies of executive power in 
accordance with this Article shall be used in line with the requirements established by part six of 
Article 32.   
 
(part seven was added to Article 28 
according to the Law of Ukraine N 3027-IV of 1 November 2005) 
 
Article 29.  Verification of Information outside  
the Importing Country 
 
1. If necessary, the Ministry may ca rry out verification of information outside the territory of the 
importing country with the purpose of:   
 
 (1) familiarization with book-keeping docume ntation of the importers, exporters, producers 
and their unions (associations), trade or ganizations, natural person, etc.;   
  (2) examination of authentic ity of information as to the presence of dumping and the damage, 
submitted in the process of an anti-dumping investigation.   
 
2. In the event of necessity the Ministry may initiate  verification or the relevant investigations in 
other countries under condition of:     (1) consent of the corresponding interested parties;   
 
 (2) notification of the corresponding competent bodies by the Ministry;    (3) the absence of objections on the part of th e preliminary informed stipulated competent 
authorities.   G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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   Upon receipt of the consent of an interested  party the Ministry shall notify the competent 
bodies of the names and addresses of enterprises, to be inspected, as well as on the dates of 
performing these verifications, proposed by the Ministry.   
 
 In case the interested party giv es no consent, within the term, proposed by the Ministry, the 
verification of the said information may be unfulfill ed.  In this case the corresponding provisions of 
Article 31 shall be applied.    
3. The interested parties shall be notified of the list of information, subject to verification, and 
other information, which should be provided by th ese parties in the process of verifications.  The 
Ministry may demand providing of more detailed information, if such a necessity arises in the course of verification.    
4. While conducting the verificati on of information, the Ministry may apply for the assistance of 
the members of the Commission.   
 
Article 30.  Selective Methods of Anti-Dumping Investigation 
 
1. Where the number of applicants, exporters or  importers (hereinafter - parties), types of 
products or corresponding operations is considerab le, the Ministry may confine oneself with:   
  (1) reasonable number of parties, types of pr oducts or operations, using a sampling which is 
statistically grounded on the basis of information, whic h is available with the Ministry at the moment;  
or 
 
 (2) the greater volumes of production, sales or product exports that, in case of necessity, may 
be investigated within the terms, specified in  this Law or established by the Commission.   
 2. The Ministry shall perform an ultimate selecti on of parties, types of products or operations 
subjected to the application of selective methods  of an anti-dumping investigation.  After 
consultations with the interested parties or under their consent the priority shall be given to a 
respective selection, provided these interested parties have:     (1) informed the Ministry of their concern therein according to part twelve of Article 12 of this Law;   
 
 (2) provided the Ministry with sufficient and applicable information within three weeks from 
the date of initiation of an anti-dumping investigati on in order for the Ministry to select relevant 
sampling.    3. In case the Ministry uses selective methods of an anti-dumping investigation according to this 
Article, the individual value of a margin of dumpi ng shall be calculated for the exporter or producer 
that has not been selected first, and furnishes the corresponding information within the terms specified 
by this Law, except those cases, wh ere the number of the exporters or producers is significant to that 
extend, that investigation of the stipulated valu es for individual exporters or producers shall create 
ungrounded complications for the performance of  an anti-dumping investigation and create 
impediments to the timely termination of this i nvestigation and making a decision on the application 
of anti-dumping measures.    
(part three of Article 30 as amended 
by the Law of Ukraine N 3027-IV of 1 November 2005)  G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
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  4. Where after making a decision by the Ministry a decision on application of a selective method 
of an- anti-dumping investigation has been made and all the selected parties or some of them avoid 
the cooperation with the Ministry to the extend that sufficiently affects the results of an anti-dumping 
investigation, the Ministry may carry out a new sampling.  Provided an interested party avoids 
cooperation with the Ministry on condition of the s hortage of time for new sampling, the relevant 
provisions of Article 31 of this  Law shall be applied.   
 
Article 31.  Avoidance of Cooperation with the Ministry 
 1. In case, an interested party refuses to provi de necessary information or fails to provide it 
within the terms, envisaged by this Law, or creat es impediments to an anti-dumping investigation, the 
Ministry, on the grounds of the available informati on, may take positive or negative preliminary or 
definitive conclusions on the necessity of imme diate application of anti-dumping measures.   
 
If in the process of an anti-dumping investigati on the Ministry establishes that the interested 
party has provided inadequate or incorr ect information the Ministry shall:   
  (1) ignore such information;    
 (2) notify the interested parties of the con sequences of avoidance of cooperation with the 
Ministry.    2. The fact of failure to provide a response on an information medium shall not be deemed 
avoidance of cooperation with the Ministry, provide d the interested party proves that providing of a 
response in the forms, established by the Ministry, would likely cause excessive incidental or 
excessive additional expenditures.    3. If the information, provided by  the interested party is incomplete, the Ministry shall take it 
into account under condition that:    
 (1) such incompleteness does not complicate th e possibility of taking ad equate conclusions by 
the Ministry;     (2) such information has been submitted t the Ministry within the proper terms;    
 (3) such information is suitable for verification.   
  (4) the interested party, providing the inform ation, act in good faith and to the best of its 
abilities.    4. In case the Ministry does not take into acc ount the provided evidence or information, the 
interested party, who has submitted this evidence a nd information shall be immediately notified of the 
reasons of t rejection of the said information a nd shall be provided with an opportunity to supply 
additional comments within the terms, establishe d by the Ministry.  Where such comments are 
considered insufficient, the reasons for rejection of the aforementioned evidence or information shall 
be forwarded to a corresponding interested party an d specified in the conclusions, published in the 
newspaper.   
 5. Where the conclusions, including those, rela ted to the normal value, have been made 
according to part one of this Article, particularly , on the basis of information, provided in the 
corresponding application, such information shall be ve rified, if it is possible, with the observance of G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  the determined terms of an anti-dumping investiga tion, by other independent sources available with 
the Ministry and (or) those sources, provided by ot her interested parties in the process of an anti-
dumping investigation, which concern:   
 
 (1) the published list of prices;     (2) statistical reports and customs statistics, ke pt by the bodies of state power of the respective 
country.   
 
6. In case the interested party avoids to cooperate  with the Ministry completely or partially and 
the relevant information, concerning the anti-dumping information is not provided thereof, the results 
of an anti-dumping investigation for this party may be less favorable, than for those parties which do 
not avoid such cooperation.   
Article 32.  Confidential Treatment 
 
1. Any information which has a confidential char acter (due to the reason, that its disclosure 
gives significant advantage to a competitor or may cause considerable negative consequences in 
future for persons, providing or receivi ng this information, etc.), as well as information, provided on a 
confidential basis by interested parties in the pr ocess of an anti-dumping investigation, shall be 
deemed confidential by the Ministry, where the parties provided sufficient proofs thereof.   
 2. The interested parties, providing confidentia l information, should supplement it with a non-
confidential summary.  This summary should be detailed enough to comprehend the essence of the 
provided confidential information.  In case the inter ested parties are not able to make a summary of 
confidential information, these interested parties should provide sufficient grounds for impossibility 
of submission of the stipulated summary.    3. Where the Ministry considers that the demand as to confidential treatment of information is 
ungrounded and the person, providing it, is not willing to open this information to public or refuses 
his\her consent for its disclosure in general terms or in a form of  summary, such information may be 
disregarded, except cases, where upon the use of re levant sources there may be compelling evidence 
that such information is authentic.  Rejection of  the demand on confidentiality of information should 
be duly substantiated.    
4. The provisions of this Article do not impede the disclosure of a general information by the 
Ministry or the Commission, particularly, legal subs tantiation of the decisions made according to this 
Law, or to the disclosure of evidence, on the grounds of which the Ministry or the Commission take the respective decisions. While disclos ing such information, the legal interests of the interested parties 
as to nondisclosure of their commercial and (or) state secrets shall be taken into account.    
5. The Ministry, the Commission or their official  officers should not disclose the information, 
obtained according to this Law without a special consent of a person, who has provided such information, if this person insists on the confidentia l treatment of such information.  The information 
exchanged between the Ministry and the Commission,  as well as information related to the meetings 
of the Commission or official documents of the Ministry or the Commission, concerning an anti-
dumping investigation shall not be disclosed, except cases, envisaged by this Law.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
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  6. Information received in accordance with this  Law shall be used only for the purposes for 
which it has been requested.  This provision shall no t rule out the use of information received in the 
course of one anti-dumping investigation for the purposes of initiating other anti-dumping 
investigations as part of one and the same an ti-dumping investigation regarding the goods under 
review.    
(part six of Article 32 is in the wording 
of the Law of Ukraine N 3027-IV of 1 November 2005) 
 
7. The right to have an access to the confidential information, provided by the interested party or 
by the Ministry in the process of an anti-dumping procedures and investigations according to this 
Law, shall be enjoyed by legal advisers or lawyers-  citizens of the importing c ountry -acting on behalf 
of the interested party.   
 
The Ministry shall keep accountin g of physical persons that have an access to the confidential 
information and shall refuse the access to confiden tial information, where it is established that a 
person has disclosed the information, which is deemed confidential according to this Law.   
  
Chapter VII 
 
FINAL PROVISIONS 
 
Article 33.  Providing Information to the Interested Parties 
 1. The interested parties may demand providing information as to the evidence and conclusions, 
on the grounds of which the provisional and an ti-dumping measures have been applied.  After 
application of the provisional anti-dumping measu res a written demand on providing such information 
shall be forwarded to the Ministry.  The Ministry  shall within the undertime give a written reply to 
this demand.   
 
2. The interested parties may demand provision of the ultimate information, related to the 
evidence and conclusions, according to which the Ministry proposes to apply the definitive anti-
dumping measures, or suspend or terminate the an ti-dumping investigation without application of 
anti-dumping measures.  In this respect the Ministry shall pay a special attention to the provision of 
information, evidence and conclusions that are different from those, on the grounds of which the 
decision on application of the provisional anti-dumping measures has been made.    3. All demands concerning the provision of ultimat e information specified in part two of this 
Article shall be submitted to the Ministry in a wr itten form.  In the event of application of the 
provisional anti-dumping measures such demands shall be forwarded to the Ministry not later than 
one month from the date of publication of a decision on their application.  Where the provisional anti-
dumping measures have not been applied, the inter ested parties may demand provision of the ultimate 
information within the terms, established by the Ministry.    4. The Ministry shall provide the ultimate inform ation in writing.  The information is generally 
provided, with consideration of the requirements to  the protection of confidential information, not 
later than one month prior to making an ultimate d ecision by the Commission or prior to the date of 
submission by an interested party of its final propo sal according to Article 16 of this Law.  If the 
Ministry and (or) the Commission fail to provide  the information, evidence or conclusions 
immediately, those information, evidence or conclusi ons shall be provided later within the undertime.  G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
Page 54 
  
  Provision of information shall not create impediments to making further decisions by the Ministry or 
the Commission.  Where such decision is based on the evidence and conclusions, different from those, 
provided with the previous information, the information on the presence of new evidence and 
conclusions shall be provided to the inte rested parties within the undertime.   
 5. All comments of the interested parties, s upplied after the ultimate information has been 
provided, shall be taken into account on condition, they were received by the Ministry within the 
terms, established by the Ministry for each individual case but which shall not exceed ten days.   
 
6. The information, documents and comments, supp lied to the Ministry by one of the interested 
parties in the process of the investigation that is carried out in accordance with this Law, shall be 
supplied to all other interested parties as well.  In case the party, submitting such information, 
documents and comments to the Ministry, fails to forward the specified information, documents and 
comments to other interested parties, such in formation, documents and comments shall not be 
considered in the process of an investigation.    
Article 34.  Notification of the Competent Bodies of  
an Interested Country 
 1. The Ministry of Foreign Affairs of Ukrain e shall notify the competent authorities of an 
interested country of all decisions of the Comm ission on the investigations, which are carried out 
according to this Law.    2. A note on the initiation of an anti-dumping inv estigation that is forwarded to the competent 
bodies of an interested party shall contain the following information:   
  (1) the name of the country (countries) of origin and (or) exports of products subject to an investigation;     (2) the date of initiation of an anti-dumping investigation;   
 
 (3) grounds for statement on the presence of dumping;     (4) a brief summary of conclusions which are the basis for statement on the presence of 
damage;   
 
 (5) the addressee, to which the interested parti es shall send their comments on this decision;   
  (6) terms, established by a relevant decision of the Commission, for submission of comments 
of the interested parties.    
3. According to part one of this Article the Mi nistry of Foreign Affairs of Ukraine shall notify 
the competent bodies of an interested country of:     (1) a positive or negative, preliminary or de finitive conclusion as to the presence of dumping 
and the damage;   
 
 (2) a decision to accept an exporter's obligati on to discontinue dumped imports according to 
Article 15 of this Law;    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
 Page 55 
  
   (3) termination of the force of such obligation;   
  (4) cancellation of the definitive anti-dumping duty.   
 
Article 35.  Correction of Executor's Mistakes 
 
1. The mistakes of the executors, committed in mathematical operations, typing, copying, 
duplication or similar operations, or other unintentiona l technical mistakes, which the Ministry refers 
to the mistakes, made by the ex ecutors, shall be corrected.   
 2. The Ministry may transfer to the interested parties the calcula tions, on the basis of which the 
ultimate decision on collection of an anti-dumping duty or that on reconsideration of anti-dumping measures shall be made, upon a written application of an  interested party, which states that a mistake 
of the executors took place.   
 3. A written application specified in part two of this Article shall be submitted by an interested 
party to the Ministry within five working days from the date of delivery of the corresponding information to this interested party according to Ar ticle 33 of this Law.  The interested party may 
submit to the Ministry its comments on the iden tified mistakes, made by the executors.   
 
4. The comments, mentioned in part three of this Article, should be provided within five 
working days from the date of transference of th e calculations, in case the Ministry does not prolong 
this term upon a written application of an interested  party, filed within five working days from the 
date of transference of such calculations with substantiation of reasons for prolongation of the 
stipulated terms.   
  Such comments shall be provided in a written form  to the Ministry and to all the interested 
parties.  The interested parties may respond to th e comments, provided according to this Article.  This 
respond shall be registered by the Ministry within five working days from the date of expiry of the 
term of submission of such comments, unless the Ministry extends this term on the grounds of a 
written application of an interested party that shall be provided within five working days from the date 
of transference of calculations with substantiation of reasons for the prolongation of the stipulated terms.    5. The Ministry shall analyze and verify the comments and responds, provided pursuant to the 
provisions of this Article and, if necessary, correct  the mistakes of executors, through introduction of 
amendments to the draft of ultimate decision on collection of an anti-dumping duty or draft of the decision on reconsideration of the anti-dumping measur es.  The Ministry shall notify the interested 
parties of introduction of such amendments.  Introd uction of amendments pursuant to the correction of 
errors, made by the executors, shall not be de emed making changes to the draft decision of the 
Ministry or the Commission on payment of an anti-dumping duty or reconsideration of the anti-
dumping measures.   
 
Article 36.  Factors of the National Interest 
 
1. The conclusion on whether the national inte rests require application of the anti-dumping 
measures shall be based on evaluation of all inter ests, including those of the national producers and 
consumers, effect of the imports  subject to an anti-dumping investigation, on employment of the 
population, investments of the national producers and consumers as well as international economic 
interests of the importing country.  According to this Article such a conclusion shall be made on 
condition, that all the parties ha ve been provided with an opport unity to express their viewpoints G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
Page 56 
  
  according to part two of this Article.  A especial atte ntion shall be paid to elimination of the influence 
of barter disproportion, caused by the dumping, which causes damage, and resumption of a competition.   
 
 The anti-dumping measures, determined on the grounds of the dumping and the damage, 
which have been established in the process of an  anti-dumping investigati on, may be unapplied, 
where the Commission upon representation of the Ministry, taking into account all the provided information, makes an accurate conclusion that th e application of such measures contradicts to the 
national interests.   
 2. The applicants, importers, their unions (associ ations), consumers and their organizations may 
express their points of view within the terms, established in the notification on the initiation of an anti-dumping investigation, and submit to the Mini stry the information as to the correspondence of 
application of the anti-dumping measures to the nati onal interests to be taken into account by the 
Commission while making a corresponding decision.     The Ministry may forward such information or  its respective summary to other interested 
parties, specified in this Article, which ma y provide their comments in this respect.   
 
3. The interested parties may demand the hearings of the Ministry to be conducted.  Such 
demands shall be satisfied where they have been pr ovided to the Ministry in writing within the terms, 
specified in the notice on the initiation of the anti-du mping investigation, or if they provide for the 
special reasons for arranging the hearings at the Minist ry from the viewpoint of the national interests.   
 
4. The interested parties may submit to the Ministry their comments on the Commission's 
decision on introduction of the provisional anti-dumping duty.  The Ministry shall consider such comments in case they are filed with the Ministry wi thin one month from the date of application of 
the provisional anti-dumping measures.  The Minist ry, in case of necessity, shall transfer these 
comments in a form of a corresponding summary to other parties that are entitled to provide such 
comments as well.   
 
5. The Ministry shall consider the information, pr ovided by an interested party according to part 
two of this Article and define to which extent such  information is indicative.  The results of such 
consideration and the decision on substantiation of this information shall be submitted to the 
Commission.  The summaries of conclusions of th e members of the Commission, reviewed at the 
meeting of the Commission, shall be taken into acc ount by the Ministry in its proposals, provided to 
the Commission according to Article 16 of this Law.    6. The interested parties may apply for the provision of evidence and conclusions, on the grounds of which the Commission may take its ultimat e decisions.  The Ministry shall provide such 
information, unless it creates impediments to the Ministry or the Commission while making the 
relevant decisions.   
 7. Any information, provided according to this Article, shall be taken into consideration on 
condition it is accompanied with the evidence, wh ich substantiate its ir refutability, under the 
requirements of this Law.    G/ADP/N/1/UKR/1 
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  "Article  36
1.  Application of Anti-Dumping Measures Against Imports to Ukraine 
from Developing Countries That Are Members of the WTO 
 
 It is recognized that special regard must be  given to the special situation of developing 
countries that are members of the WTO when cons idering the application of anti-dumping measures 
against imports from such countries.  Possibilities of constructive remedi es provided for by the 
legislation of Ukraine shall be explored before applying anti-dumping duties where they would affect 
the essential interests of a developing country that is a member of the WTO.   
 
(article 361 was added in accordance with 
the Law of Ukraine N 3027-IV of 1 November 2005) 
 
Article 37.  Acts of the Commission, the Ministry and the Service 
  The Commission, the Ministry and the Service,  due to the performance of investigations in 
accordance with this Law and with in the scope of their authorities, may adopt the corresponding acts.  
Such acts shall come into force w ithin the established terms, unless otherwise stipulated by this Law, 
but not prior to the date of their publishing in the newspaper or by communicating them to the 
interested persons by an alternative means,  and shall be obligatory for execution.   
 
 The Commission shall provide the explanati on as to the application of this Law.   
 
Article 38.  The Procedure of Enactment of this Law 
 
1. This Law shall enter into force after 30 da ys from the date of its publishing, with the 
exception of parts one- six, of clause 6 of part seven  and parts eight-eleven of  Article 5 of this Law 
which come into force from the date of their publishing.    2. Clause 2 of part two of Article 2, sentence tw o of part seven of Article 12, paragraph two of 
part nine of Article 12 and part f our of Article 16 of this Law shall be applicable from the date of 
joining the GATT by the Ukraine and its accessi on to the WTO according to the established 
procedure.    3. The provisions of paragraph two of part three and paragraph two of part  six of Article 14, as 
well as those of articles 33 and 35 of this Law shal l be applied in relationships with the interested 
parties and (or) competent authorities of the e xporting countries, under condition such competent 
bodies of the aforementioned exporting countries, wh ich perform the anti-dumping investigations as 
to the imports from Ukraine, grant to the Ukrainian interested parties similar rights, stipulated in 
articles 14, 33 and 35 of this Law.    4. The laws and other normative and legal acts of Ukraine shall be applicable in the part, which 
is not in conflict with the provisions of this Law.   
   
President of Ukraine      L. Kuchma 
 
Kyiv 
22 December 1998 
N 330-XIV G/ADP/N/1/UKR/1 
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  T
HE LAW OF UKRAINE  
 
THE LAW "ON PROTECTION OF NATIONAL INDUSTRY AGAINST SUBSIDIZED 
IMPORTS", 22 DECEMBER 1998, NO.331-XIV (WITH CHANGES AND AMENDMENTS) 
 
As amended and added by  the Laws of Ukraine 
N 1595-III of 23 March 2000, 
N 860-IV of 22 May 2003, 
N 252-VI of 10 April 2008 
 
(In the text of the Law words "the Ministry of Economy of Ukraine" 
were replaced with the words 
"the central body of executive power in the field of economic policy" 
according to the Law of Ukraine N 860-IV of 22 May 2003) 
 
 
This Law shall establish mechanism of safeguard s of the national industry against subsidized 
product introduced into commerce from other countries, customs unions or economic groups, regulate 
principles and procedure of in itiation and conducting anti-subsidizing investigations, regulate 
application of the countervailing measures.     
Section 1.  GENERAL PROVISIONS 
 
Article 1.  Definitions 
 
For the purpose of this Law all terms shall have the following meanings:   
  (1) anti-subsidizing investigation  shall mean investigation of a fact of granting a subsidy 
under the provisions of this Act;   
  (2) affirmative determination  shall mean determination of the existence of subsidization 
(injury);    
 (3) negative determination  shall mean determination of the absence of a fact of subsidization 
(injury);     (4) governmental body  shall mean legislative or executive authority of a country of origin or 
exporting country (customs union or economic group);    
 (5) exporter  shall mean a subject of economic and legal relations expor ting products (goods) 
from a country;     (6) injury  shall mean the serious inju ry caused to the national indus try or threaten to cause 
serious injury to the national industry or sufficient impediment to the national producer to create or 
expand production of the like products.  The procedure of determination of injury is described in the 
Article 13 of this Act;     (7) import  shall mean importing products (goods) delivered to the customs territory of an 
importing country, when destined for consumption in this country;    G/ADP/N/1/UKR/1 
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   (8) importer  shall mean a subject of economic and legal relations declaring delivery of 
products (goods) to the customs territory of Ukraine;    
 (9) countervailing duties  (provisional or definitive) shall mean a special type of duty levied 
in the event of delivery of products to the customs territory of Ukraine, being subject to countervailing 
measures applied thereto (provisional or definitive);     (10) countervailing measures , pursuant to the provisions of this Act, shall mean the 
provisional or definitive measures to be applied in  the course of anti-subsidizing investigation or 
resulted therefore;     (11) competent authorities  shall mean the bodies of state authority of exporting country or 
of a country of origin (customs union or econom ic group), which pursue, within their powers, a 
foreign and/or foreign economic polic y of a country in question;   
  (12) exporting country  shall mean a country of origin of products imported to Ukraine.  An 
exporting country could be a country acting as an  agent (customs union or economic group) with 
exception of those effecting transhipment throug h the country of export or not producing the like 
products or having no comparable price of such products;   
 
 (13) country of origin  shall mean a country (customs  union or economic group) where 
products have been manufactured or subject to sufficient processing or finishing;   
  (14) national producer  shall mean an aggregate number of  producers of similar products or 
those producers, whose aggregate production of su ch products constitutes the major proportion of the 
whole amount of the like products being manufactur ed in Ukraine.  Th e peculiarities as to 
interpretation of the national industry are illustrate d in the Article 14 and paragraph eight of the 
Article 15 of this Act;   
  (15) period of investigation  shall mean a period preceding th e initiation of anti-subsidizing 
investigation to determine the existence of import subsidization;   
  (16) sale  shall mean a transfer of property by any person to ownership or use and/or 
possession or/and dispose of other person, e.g. unde r the terms of purchase and sale contracts, 
property lease, other civil and legal agreements, or in  the event of change of one taken obligations to 
another or change in the terms of  obligations to be performed;   
  (17) recipient  shall mean a subject of economic and legal relationships receiving money or 
profit resulted from traffic of products be ing subsidized under provisions hereof;   
  (18) parties of anti-subsidizing investigation  shall mean a foreign producer, exporter, 
importer, corporation (association), competent author ities of exporting country, national industry, etc., 
who have been duly notified of initiation of an anti-subsidizing investigation;   G/ADP/N/1/UKR/1 
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   (19) interested party  shall mean a person notifying the central body of executive power in 
the field of economic policy (hereinafter referred as th e Ministry) of his interest to be involved in anti-
subsidizing investigation in accordance with the para graph fourteen of the Article 15 of this Act and 
who is taking an active part in anti-subsidizing i nvestigation by providing written evidences or other 
information sufficient to the purposes of this inves tigation.  The interested parties could be:   
 
(paragraph one of clause 19 of Article 1 is as amended by the  
Law of Ukraine N 1595-III of 23 March 2000) 
 
- a foreign producer, exporter, importer of the product under investigation, or corporation 
(association), where the majority of their memb ers are foreigners, exporters or importers of 
the product under investigation;   
 
- the competent authorities of an exporting country;   
 
- a national producer, manufacturer or wholesale seller of the like products in Ukraine;   
 
- the corporation (association), where the majority of its members produce or make wholesale 
trade of the like products in Ukraine;   
 
- a labour union comprising employees of the enterprises producing or making wholesale trade 
of the like products in Ukraine;   
 
- the executive bodies of the Ukrainian government within the range of their competence.   
 
 (20) subsidy  shall mean financial or other support provided by the government for 
production, processing, sale, transportation, export , consumption of the like products resulted in 
enjoyment of privileges (benefit) by a subject of ec onomic and legal re lations of an exporting country.  
The peculiarities of interpretation of subsidy ar e described in the Article 6 of this Act;   
 
 (21) non-actionable subsidy shall mean a subsidy, which does not justify countervailing 
measures to be applied thereto;     (22) actionable subsidy  shall mean a subsidy, which jus tifies countervailing measures to be 
applied thereto;   
 
 (23) subsidized import shall mean a delivery of products (goods) to the territory of an 
importing country, which enjoy subsidizing priv ileges and benefits granted for production, 
processing, transportation or exporting of such products;     (24) product  shall mean any product manufactured for trading;   
 
 (25) like product  shall mean an identical product i.e. alike in all respects to the product under 
consideration, or in the absence of such product,  another product, which a lthough not alike in all 
respects, has characteristics closely resembling those of the product under investigation;   
 
 (26) product of investigation shall mean an imported product introduced to the commerce of 
Ukraine, which is subject to an ti-subsidizing investigation describ ed in an appropriate notice on 
initiation and performance of investigation in question;     G/ADP/N/1/UKR/1 
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   (27) Ukrainian producers  shall mean the producers of the like products or directly 
competitive products manufactured in Ukraine.    Article 2.  Implementation of Act 
 
1. This Act shall be applied to a subsidized  import of products (goods) introduced into the 
commerce of Ukraine from the territory  of the country of origin or those exported to the country of 
importation from an intermediate country.  In cases,  where products are not imported directly to the 
customs territory of Ukraine from the country of product origin but are transhipped through a country, 
transaction or transactions, shall be treated as if made  between the country of origin of a product and 
Ukraine.    2. Countervailing measures shall be  applied to the subsidized imports introduced to Ukraine for 
the purpose of elimination of the consequent impact of  a subsidy granted directly or indirectly for the 
production, processing, transportation or export of  products, importation of which causes serious 
injury to national producer of the like products.     The importation of products to Ukraine shall be deemed to applica tion of the countervailing 
measures, if under provisions of Articles from 6 to  9 of this Act the products in question enjoy 
privileges or benefit out of an actionable subsidy.   
  This Act shall be also applied, if the subs idies, set out in the first and second paragraphs 
herein, have been granted by the government of  the country of origin, exporting country or 
intermediate country, from the territory of wh ich the products in question are exported.   
 
3. This Act does not provide for applying:     (1) special rules and regulations in the branch of agriculture;   
  (2) measures in the framework of the Genera l agreement on tariffs and trade (hereinafter 
referred as GATT) and World trade organi zation (hereinafter referred as WTO);   
  (3) special rules and regulations established by  international agreements of Ukraine with 
binding obligations approved by Verkhovna Rada
∗ of Ukraine.   
 
Article 3.  Language of anti-subsidizing investigations 
 
1. Under the provisions of this Act anti-subsidizing investigations shall be performed in the state 
language of Ukraine.   
 
2. Evidences, written proof and other informa tion provided to the Ministry, State Customs 
Service of Ukraine (hereinafter referred as "Custo ms") or Interdepartmental Commission for Foreign 
Trade (hereinafter referred as "Commission") under the provision of this Act shall be accepted, if executed in the state language of Ukraine.   
                                                     
 
∗ Verkhovna Rada shall mean the Parliament of Ukraine.   G/ADP/N/1/UKR/1 
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  Article 4.  Powers of the Commission regardi ng protection of national industry against 
subsidized import 
 1. Pursuant to the provision of this Act the anti- subsidizing investigations  shall be performed by 
the Ministry, Customs and Commission.    2. The procedure of establishm ent and operation of the Commission is described in the Act of 
Ukraine "On Protection of the National Producer against Dumped Imports".   
 
3. At the hearings of the Commission shall be adopted a resolution on:     (1) the initiation of an anti-subsidizing investigation;    
 (2) making affirmative or negative determinati ons of the existence of an actionable subsidy 
and applied measures to establish the amount thereof;     (3) affirmative or negative determinations of the existence of injury and the extent thereof;   
  (4) determination of casual link between a subsidization and injury;   
 
 (5) countervailing measures to be applied;     (6) other matters within the competence pr ovided by the provisions of this Act.   
 
4. A resolution in the matters set out in sub-paragr aph 6 of paragraph three of this Article shall, 
if required, be adopted under established working order by means of signing the draft resolution by the members of the Commission.  To this end the Chairman of the Commission or his deputy shall 
give notice to the members of the Commission a nd offer them to express their opinion within the 
terms such opinion could be accounted but not exceedi ng the terms specified by the provisions of this 
Act.   
 
Article 5.  Terms 
 
1. The terms of all and any acti ons under this Act shall be specifi ed by the provisions of this 
Act, or established by the Commission or Ministry.  Upon expiry of such terms the right to any action 
shall deem to be lost.  Any documents, provide d after expiration date, shall remain without 
consideration.  The Commission or Ministry has the ri ght to extend or recur the terms in the event of 
providing sufficient justification therefore.    2. The terms specified by this Act, or by the Commission or Ministry shall be calculated in 
years, months and days.   
 
 The terms shall be also fixed in a form of an imminent event.    3. The term calculated in years shall terminat e in respective month and date of the year in 
question.   
 
 The terms calculated in months shall terminate at the respective date of the last month of the 
year in question.  If expiration term falls on the month with no respective date, such term shall 
terminate at the last day of the month in question.     G/ADP/N/1/UKR/1 
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   The term calculated in days shall be c ounted from the day next to fixed date of 
commencement.    
 The term, specified as a reference to any immi nent event, shall be calculated from the day 
next to occurrence of the event or from other day after occurrence thereof.   
  If expiration date falls on the day-off, the last day of such term shall be the first working day 
following the day-off.   
 
 The last day of the term shall terminate at the moment of closing the working day at the 
Ministry, Customs or Commission.     The terms shall not be exceeded, if due documen ts were submitted to the Ministry, Customs 
or Commission and filed under established or der prior to the expiration date.   
  
SECTION II.  DEFINITION OF ACTIONABLE AND NON-ACTIONABLE SUBSIDIES 
 
Article 6.  Definition of a Subsidy 
 
1. For the purpose of this Act a subsid y shall be deemed to exist if:   
  (1) there is a financial contribution made by a government or there is any form of income or 
price support in the sense of Annexes from 1 to 4 and 7 of this Act;   
 
 (2) a benefit is thereby conferred.    2. Anti-subsidizing investigation shall determine whether there is a financial contribution made 
by a government or whether:    
 (1) a practice of the government involves a direct transfer of funds (e.g. grants, donations, 
loans, and equity infusion, etc.) potential transfers of  funds or liabilities (e.g. loan, guarantees, etc.);   
  (2) government revenue that is otherwise due , is forgone or not collected (e.g. fiscal 
incentives such as tax credits, delay in tax payment, etc.);   
 
 Exemption from taxes, charges, etc., imposed on export product transactions for consumption 
in the domestic market of the exporting country or  decrease in their respective amount (mandatory 
payments), including duties, customs duties, etc., sha ll not be treated as a subsidy, provided that such 
exemption or decrease are carried out under the term s illustrated in the Annexes 1-3 of this Act.   
 
 (3) public body:   
 
- provides goods or services for the subjects of legal economic relations  other than general 
infrastructure, or purchase property (goods);   
 
- entrust or direct a private body to carry one or more of the type of functions illustrated in sub-
paragraphs 1 to 4 of the paragr aph two of this Article, which w ould normally be vested in the 
government;   
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  - direct a private body of the type of functions under the terms, that do not differ from those 
inherent to a public body.   
 
3. If a financial contribution by a government or any form of income or price support have been 
established during anti-subsidizing in vestigation, it shall be clarified to what extent such forms 
correspond to those specified in the Annexes 1 to 4 and 7 of this Act.    
Article 7.  Specificity of countervailing measures to be applied 
 
 If an anti-subsidizing investigation establishes that a subsidy is specific, i.e. there are 
characteristic features distinguishing a non-actionabl e subsidy from an actionable subsidy pursuant to 
import to Ukraine, which enjoy privileges and bene fit out of a subsidy, the countervailing measures 
shall normally apply.   
 
Article 8.  Actionable subsidies 
 
1. In order to determine whether a subsidy is sp ecific to an enterprise or industry or group of 
enterprises or industries (hereinafter referred as "cer tain enterprises") within  the jurisdiction of the 
granting authority, the following principles shall apply:   
 
 (1) where the granting authority, or legislation, pursuant to which the granting authority operates, explicitly limits access to a subsidy to certain enterprises, such  subsidy shall be specific, i.e. 
actionable;    
 (2) where the granting authority, or legislation, pursuant to which the granting authority 
operates, establishes objective criteria or conditions g overning the eligibility for, and the amount of a 
subsidy, specificity shall not exist provided that:    
- the eligibility is automatic; 
 
- such criteria and conditions are strictly adhered to. 
  The objective criteria or conditions mean neut ral criteria or conditions, pursuant to which 
disproportionately privileges are granted to certain enterprises at the expense of other ones, are alike 
to apply, namely the number of employees, the size of enterprise, etc.  The criteria or conditions must 
be clearly spelled out in law, regulations, or ot her official documents, so as to be capable of 
verification.    2. Notwithstanding any appearance of non-speci ficity resulting from the application of the 
principles laid down in sub-paragraphs 1 and 2 above , there are reasons to believe that the subsidy 
may in fact be specific.  Such factors are:   
 
- use of a subsidy programme by a limited number of certain enterprises;   
 
- predominant use of a subsidy by certain enterprises;   
 
- granting disproportionately large amounts of  subsidy to certain enterprises;   
 
- the manner, in which discretion has been exerci sed by the granting author ity in the decision to 
grant a subsidy.   
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   In applying this sub-paragraph, account shall be taken of the extent of diversification of 
economic activities within the jurisdiction of the gr anting authority, as well as of the length of time, 
during which the subsidy programme has been in operation.   
 
3. A subsidy, which is limited to certain ente rprises located within a designated geographical 
region and jurisdiction of the granting authority will be specific.    4. Notwithstanding the regulations set out in paragraphs one and two of this Article the 
following subsidies shall be specific:   
  (1) subsidies contingent in law or in fact , (whether solely or as one of several other 
conditions), upon export performance, ill ustrated in Annex 1 of this Act.   Subsidies shall be treated as 
those depending upon the results of export performance,  if relevant facts have proved that a subsidy 
granted in law do not depend upon the results of expor t performance, but in fact is connected with 
export performance or export earnings already due or to be due in the future;     (2) subsidies contingent as one of several other conditions dependi ng upon predominant use 
of national products.    
5. Existence of fact of granting a subsidy to the enterprises, which perform exportation the of 
products shall not justify this subsidy to be actionable.   
 6. Establishment of, or introduction of chang es to tax rates by the authorized body under 
established order shall not be treated as a specific subsidy.   
 
7. Specificity of a subsidy, pursuant to Section II of this Act, shall be proved by sufficient evidence.    
Article 9.  Non-actionable subsidies 
 1. To determine whether a subsidy is non-acti onable the following aspect shall be taken into 
consideration:     (1) permitted extent of non-actiona ble subsidy, illustrated in para graph three of this Article, 
shall be established pursuant to the total costs incurre d as a result of realization of a certain project or 
performance of scientific and research work.  Purs uant to the programmes of industrial research 
activities, where preliminary competent research  work is performed, the permitted level of non-
actionable subsidy shall not exceed arithmetic av erage of the permitted levels of non-actionable 
subsidies applied to two below categories, calcula ted on the basis of the total costs described in 
paragraph three of this Article;    
 (2) the industrial research activities must be  those planned or required research activities 
directed to achieve new knowledge for the pur pose of development of new products, methods, 
technology or services, or modification thereof;     (3) preliminary competent research activity shall mean arrangement of the results of industrial 
researches into plans, diagrams, drawings, patterns or models of new modified or improved products, 
methods, technology or services for the purpose of sale or use, including creation of the first specimen with no commercial use thereafter.  This activity may include conception or design of other products, 
methods, know-how or services as well as demonstra tive projects or initial representations, provided 
that such projects and representations shall not be  for industrial or commercial use.  Preliminary G/ADP/N/1/UKR/1 
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  competitive research activity shall not involve intro duction of insufficient or periodical changes to 
already existed products, production lines, methods  and/or know-how, processing, services and other 
operations even though such changes coul d be considered as modifications.   
 
 (4) the general programme of regional deve lopment shall mean the regional programmes of 
subsidization being a part of the programme of regional development closely connected with the 
national plan of the exporting country, where in th e course of realization of such programmes, the 
subsidies shall not be granted.   
 
 (5) neutral and objective criteria shall mean crit eria, that confer no bene fit to certain regions 
at the expense of  those regions, which have mana ged to eliminate or decrease disparity in framework 
of regional development.  To th is end regional subsidy programmes shall establish the limits of a 
subsidy to be granted pursuant to each subsidiz ing project.  These limits may be differentiated 
pursuant to different levels of development of the re gions to be subsidized and shall be illustrated in 
figures of capital costs and costs incurred in creatio n of the working places.  Granting of a subsidy, 
described in this sub-paragraph, shall be free and neutral to avoid any possi bility of predominant use 
by certain enterprises or granting of disproportionate ly large amounts of subsidy to certain enterprises.  
These regulations shall also apply to criteria described  in paragraphs one, two a nd five of the Article 8 
of this Act.   
 
2. Countervailing measures shall not apply to:     (1) subsidies, which are not specific under provi sions of paragraphs one, two and five of the 
Article 8 of this Act.   
 
 (2) subsidies, which are specific under provisi ons of paragraphs one, two and five of the 
Article 8 of this Act, but which adhere to a ll conditions provided for in this Article.   
  (3) a portion of a subsidy in case of offered unde rtakings illustrated in the Annex 4 of this 
Act.   
 
3. The countervailing measures shall not apply to subsidies, which are granted for the purpose of 
research work performed by enterprises or higher e ducation or research establishments on a contract 
basis together with other enterprises, if such assi stance covers not more than 75 per cent of the costs 
of industrial research or 50 per cent of the co sts of pre-competitive development activity, and 
provided that such assistance is limited exclusively to:   
  (1) personnel costs (researchers,  technicians and other supporting staff employed exclusively 
in the research activity);     (2) costs of instruments, equipment, land an d buildings used exclus ively and permanently 
(except when disposed of on a commercia l basis) for the research activity;   
  (3) costs of consultancy and equivalent servi ces used exclusively fo r the research activity, 
including bought-in research, technical knowledge, patents, etc.;    
 (4) additional overhead costs incurred direc tly as a result of the research activity;   
  (5) other running costs, (such as those of materi als, supplies and the like, incurred directly as 
a result of the research activity;     G/ADP/N/1/UKR/1 
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  4. Assistance to disadvantaged regions, within th e territory of the country of origin and/or 
exporting country, given in a general framework of  regional development, to be considered as non-
specific pursuant to criteria set out in paragraphs one, two and five of the Article 8 of this Act within 
eligible regions, shall be treated as a non-actionable provided that:   
  (1) each disadvantaged region must be clearly designated contiguous geographical area with a 
definable economic and administrative identity;    
 (2) the region is considered as disadvantaged  on the basis of neutral and objective criteria 
indicating that the region's difficulties arise out of more than temporary circumstances.  Such criteria 
shall be clearly spelled out in la w, regulation, or other official document, so as to be capable of 
verification;    
 (3) the criteria shall include a measurement of  economic development, which shall be based 
on at least one of the following factors:    
- one or either income per capita or househol d income per capita, or GNP per capita, which 
must not be above 85 per cent of the average for the territory of a country of origin or exporting country;   
 
- unemployment rate, which must be at least 110 per cent of the average for the territory 
concerned.   
  Such measurement shall be performed within th ree-five years prior to initiation of an anti-
subsidizing investigation.  Such measurement may be  a composite one and may include other factors.   
 5. Assistance to promote adaptation of exis ting facilities (including modification and/or 
development) new environmental requirements, wh ich result in greater constraints and financial 
burden, shall be non-actionable, provided that the assistance:    
 (1) is one time non-recurring measure;   
  (2) is limited to 20 per cent of the cost of adaptation;     (3) does not cover the cost of replacing and operating the assisted investment, which must be 
fully borne by the concerned enterprise;   
  (4) is directly linked to and proportionate to an enterprise's planned reduction of nuisances and pollution and does not cover any manufacturi ng cost savings which may be achieved;   
  (5) is available to all enterprises, which can adapt the new equipment and/or production 
processes.   
  Such requirements to the environment must be cl early spelled out in law, regulation, or other 
official document, so as to be capable of verification.    
 Available equipment means equipment and/or co nstructions, which at the date of adoption of 
the new requirements of the act to environmental pr otection, have been operated at least two years. G/ADP/N/1/UKR/1 
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  Section III.  CALCULATION OF THE AMOUNT OF NON-ACTIONABLE SUBSIDY 
 
Article 10.  General principles of calculatio n of the amount of non-actionable subsidy 
 
1. The amount of non-actionable subsidy shall be ca lculated pursuant to a benefit conferred to a 
recipient.  Such benefit shall be established and cal culated in the course of anti-subsidizing 
investigation.    
 The period of investigation, normally shall mean the last accounting year of a recipient, 
though other terms can be fixed with duration of not less than six months directly preceding the 
initiation of an anti-subsidizing in vestigation, provided that reliab le financial and other evidences 
exist.  The time-limits of investigation shall be fixe d by the Ministry.  In some cases the time-limits of 
investigation may exceed the period of one year.   
 
 For the purpose of this Act any method used by the Ministry to calculate the conferred benefit to the recipient shall be transparent and adequately explained.    
Article 11.  Calculation of benefit conferred to a recipient 
  Calculation of benefit conferred to a reci pient shall be consistent with the following 
guidelines:     (1) Government provision of equity capital sh all not be considered as conferring a benefit, 
unless the investment decision can be regarded as inconsistent with the usual investment practice 
(including for provision of risk capital) of private investor within the territory of a country of origin 
and/or exporting country;     (2) A loan made by a government shall not be considered as conferring a benefit, unless there 
is a difference between the amount, which the ente rprise receiving the loan pays on the government 
loan and a comparable commercial loan, which the en terprise could actually obtain on the market.  In 
this case the benefit shall mean the difference between these two amounts;   
  (3) a loan guarantee shall not  be considered as conferring a benefit, unless there is a 
difference between the amount that the enterprise re ceiving the guarantees pays on a loan guaranteed 
by the government and the amount that the enterp rise would pay for a comparable commercial loan 
absent the government guarantee.  In this case the benefit shall be the difference between these two 
amounts adjusted to any difference in charges;     (4) the provision of goods and/or property or services or purchase of goods or property for a 
government shall not be considered as conferring a benefit unless:    
- the provision is made for less remuneration than is in practice in the like operations (adequate 
remuneration);   
 
- or the purchase is made for more than adequate remuneration.   
 
 The adequacy of remuneration shall be determin ed in relation to prevailing market conditions 
for the goods and/or property or service in question in the country of provision or purchase (including 
price, quality, availability, marketability, transportatio n and other conditions of purchase and sale).   
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  Article 12.  Settlement.  General provisions 
 
1. The amount of actionable subsidy shall be  calculated per unit of a subsidized product 
exported to Ukraine.  After calculation of such am ount the below payments can be deducted from the 
total amount of a subsidy:     (1) registration (application) charges or other costs mandatory for acquiring the right to a subsidy or use of a subsidy;   
 
 (2) export duty and/or other taxes and charg es (mandatory charges) including duty, customs 
duty, etc., levied on products exported to Ukraine and deducted from a subsidy;   
  The interested party shall substantiate the request for above deductions to be made.   
 
2. If a subsidy is granted not pursuant to the volume of manufactured, processed, transported or 
exported goods, the amount of the actionable subsidy shall be established by means of division of the 
total amount of the subsidy to those figures relating to the level of the production, purchase or export 
of the goods in the course of an anti-subsidizing investigation.    
3. If a subsidy is involved in purchase or subse quent purchase of the capital assets, the amount 
of actionable subsidy shall be calculated by mean s of allocation of such amount pursuant to the 
periods of usual duration of amortization of these funds  in the appropriate branch of industry.  Such 
calculated amount relating to the period of investigation, including any share in the capital assets purchased prior to such period, shall be allocated under provision of paragraph two of this Article. 
 
 For the purpose of the capital assets with no depreciation charges, a subsidy shall be put equal to interest-free loan and specified under provision of sub-paragraph 2 of the Article 11 of this Act.   
 4. If a subsidy is not involved in purchase of the capital assets, the amount of a benefit to be conferred during the period of investigation, sh all be allotted for the period in question under 
provisions of paragraph two of this Article, unless sp ecific circumstances provide for another period.   
  
Section IV.  PROCEDURE OF SETTLEMENT AND DETERMINATION OF INJURY. 
DEFINITION OF NATIONAL INDUSTRY 
 
Article 13.  Procedure of settlement and determination of injury 
 
1. In the course of investigation, if not otherwise stipulated by this Act, the existence and extent 
of injury caused to national industry in one of below forms shall be established:    
 (1) serious injury caused to national industry;   
  (2) a threat to cause serious in jury to national industry;   
  (3) serious impediment to production and expansion of production of goods by national 
industry, which is subject to examination.   
 2. A determination of injury shall be based  on positive evidence and involve an objective 
estimation of both:    G/ADP/N/1/UKR/1 
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   (1) the volume of the subsidized imports and e ffect of the subsidized imports on prices in the 
market of Ukraine;    
 (2) the consequent impact of such imports on the national producers as a result of effect of the 
factors laid down in sub-paragr aph 1 of this paragraph.   
 3. With regard to the volume of the subsidi zed imports, the investigating authorities shall 
consider whether there has been a si gnificant increase in subsidized impor ts either in absolute terms or 
relative to production or consumption of like product in Ukraine;   
  With regard to the effect of the subsidized  imports on prices, the investigating authorities 
shall consider:    
 (1) whether there has been a significant pri ce undercutting by the subsidized imports as 
compared with the price of a like product of the national producer;     (2) or whether the effect of such imports is otherwise to depress prices to a significant degree or to prevent price increases, which otherwise would have occurred.    
 For the purpose of sub-paragraph 1 of this pa ragraph all of these factors shall be considered 
by the Ministry to make an appropriate decision.    4. Where imports of a product from more than one country are simultaneously subject to anti-
subsidizing investigation, the i nvestigating authorities may cumulatively assess effects of such 
imports, if they determine that:   
  (1) the amount of subsidization established in  relation to the imports from each country is 
more than de minimis as defined in the pa ragraph four of the Article 19 of this Act; 
  (2) the volume of imports from each country is not negligible; 
 
 (3) a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between imported produc ts and conditions of competition between the 
imported products and the like produc ts originated from Ukraine.   
 
5. The examination of the impact of the subsid ized imports on the national industry shall include 
an evaluation of all relevant economic factors and indices having a bearing on the state of the industry 
including:   (1) incomplete elimination of the effects of previous subsidy on the national producer or 
indemnification of the national producer for a shoestring margin of dumping:   
 
- the amount of actually granted subsidy;   
 
- actual and potential decline in sale and production, in the size of profits or invested capital 
profits;   
 
- actual and potential contraction in dema nd or partial contraction thereof;   
 
- actual and potential decline in produc tivity and utilization of capacity;   
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   (2) factors affecting prices in Ukraine;   
  (3) actual and potential negative effects on cash flow, inventories, employment, wages, 
economic development and conditions of attraction of investments.   
  For the purpose of sub-paragraph 2 of paragraph two of this Article all factors, illustrated in 
paragraphs four and five of this Article, shall be considered by the Ministry for making an appropriate 
decision.   
 
6. Infliction of injury by the subsidized im ports shall be proved by positive evidence in the 
course of anti-subsidizing investiga tion and provided to the Ministry.  To this end it shall be proved 
that the volumes and levels of prices, laid down in  paragraph three of this Article, cause the impact 
illustrated in paragraph five of this Article a nd that such consequent impact is serious.   
 
 The proof of casual link between subsidized im port and injury caused to the national producer 
shall be justified by estimation of all evidences availa ble at the Ministry's disposal, which relate to a 
subject of investigation.    7. The Ministry may also examine any known fact ors, which simultaneous effect cause injury to 
the national industry.  The injury caused by such f actors must be not attributed to the subsidized 
imports.  In this event the interested party sha ll provide information on one or several following 
factors:     (1) volumes and prices of non-subsidized imports;   
 
 (2) contraction in demand or changes in the patterns of consumption;   
  (3) trade restrictive practices of and co mpetition between the foreign and Ukrainian 
producers;    
 (4) developments in technology;   
  (5) the results of export performance an d productivity of national industry.   
 8. The effect of the subsidized imports shall be assessed in relation to the national production of 
the like product when available data permit the sep arate identification of that production on the basis 
of such criteria as the production process, producers' sale and profits.  If such separate identification 
of that production is impracticable, the effects of  the subsidized imports shall be assessed by the 
examination of the production of the narrowest gr oup or range of products, which includes the like 
product, for which the necessary information can be provided.    
9. A determination of a threat of material inju ry shall be based on f acts.  The circumstances 
creating a situation, in which the subsidy would cause  injury, must be clearly foreseen and imminent.   
  In making a determination regarding the existence of a threat of material injury investigating 
authorities should consider such factors as:   
 
 (1) nature of the subsidy or subsidies in question and the trade effects likely to arise therefore;   
  (2) a significant rate of increase of subsidized  imports into the national market indicating the 
likelihood of substantially increased importation;   G/ADP/N/1/UKR/1 
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   (3) sufficient, freely disposable or an immine nt, substantial increase in the capacity of the 
exporter indicating the likelihood of substantially incr eased subsidized exports to Ukraine, taking into 
account the availability of other export mark ets to absorb any additional exports;   
 
 (4) whether imports entering at prices that will have a significant depressing or suppressing effect on domestic prices, and would likel y increase demand for further imports;   
  (5) inventories of the product being investigated.   
 
 The totality of the factors laid down in this pa ragraph must lead to Ministry's conclusion that 
further subsidized exports are imminent and that, unless protective action is taken, material injury 
would occur.    Article 14.  Definitions of National Industry 
 
1. For the purpose of this Act, the term "national industry" shall be interp reted as referring to the 
national producers as a whole of the like products or to those of them, whose collective output of the products constitutes a major proportion of the total pr oduction in Ukraine of t hose products along with 
the peculiarities stipulated by this Article and paragr aph eight of the Article 15 of this Act.  For the 
purpose of determination of the national industr y the following factors shall be taken into 
consideration:     (1) when producers of a like product of Ukraine are related to the expor ters or importers of 
the allegedly subsidized product, th e term "national industry" may be interpreted as referring to the 
rest of the producers, except those specified above;   
  (2) in exceptional circumstances, the territory of Ukraine may, for the production in question, 
be divided into two or more competitive markets and the producers within each market may be regarded as a separate industry if:    
- the producers within each market sell all of thei r production of the product in question in that 
market;   
 
- the demand in that market is not to any s ubstantial degree supplied by producers of the 
product in question located elsewhere in Ukraine.   In such circumstances, injury may be 
found to exist, even where a major portion of the total domestic industry is not injured, 
provided there is concentration of subsidized imports into such an isolated market and 
provided further that the subsidized imports cause injury to the producers of all or almost all 
of the production within such market.   
 2. The producers shall be related to the exporte rs or importers, provided that one (or several) 
below conditions exist:   
  (1) one of them directly or indirectly controls the other;     (2) both of them are directly or indirectly controlled by a the third person;   
 
 (3) together they directly or indirectly cont rol a third producer so, that the effect of the 
relationship is so that the activity (inactivity)  of such producer differs from non-related producers 
which are not bound to the exporters , importers and producers described in the sub-paragraphs 1 and 2 
of this paragraph.    G/ADP/N/1/UKR/1 
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   The producer (exporter, importer) shall be deem ed to control another when the former is 
legally or operationally in a position to exerci se restraint or direction over the latter.   
 
 
Section V.  INITIATION OF ANTI-SUBSIDIZING PROCEDURE AND ANTI-SUBSIDIZING 
INVESTIGATION 
 
Article 15.  Initiation of anti-subsidizing procedure  
 
1. The procedure of anti-subsidizing investig ation, for the purpose of establishment of the 
existence of any alleged subsidy, its amount and effect, shall be initiated by the Ministry upon written 
application by or on behalf of the national indus try except as laid down in paragraph ten of this 
Article.   
 
 The application in writing shall be provided by  the national producer, physical or legal entity 
acting on behalf of the national producer.     The application shall be served on the Minist ry by the registered mail or delivered to the 
Ministry against receipt.  The Ministry shall provide  the Commission with a copy of the application to 
be seen by all its members.   
  The next day following the receipt and filing of the application in the Ministry shall be the 
first working day the application deems to be provided.    
Where the application has not been served directly on the Ministry under the order provided 
in sentence three of this paragraph, or there ex ists an appropriate body of Ukrainian government, 
which disposes of relevant evidence of the existenc e of the subsidy and injury, the body in question 
shall immediately serve on, or make an applicat ion to the Ministry.  The same right to make 
application to the Ministry shall enjoy the trade union of the employees of the national producer's enterprise.   
 
2. The application, made under the provisions of the paragraph one of this  Article, shall contain 
evidence of the existence of alleged actionable subs idy (including, if possible, its amount), alleged 
injury and casual link between them.  The applicati on shall contain such information as is reasonably 
available to the applicant on the following:   
 
 (1) identity of the applicant, composition of the applicant, proof of capability of the persons in 
question, the volume and value of the production of the like product by the applicant in Ukraine.  
Where a written application is made on behalf of the national industry, the application shall identify:   
 
- the industry, on behalf of which the application is made, a description of the volume and 
value of production of the like product in Ukraine;   
 
- a list of all known national producers of the like product (or associations of national producers 
of the like product) and to the extent possible, a description of the volume and value of production of the like product in Ukraine.   
 
 (2) a complete description of the allegedly s ubsidized product, the names of the country or 
countries of origin or export in question;    G/ADP/N/1/UKR/1 
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   (3) the identity of each known exporter or foreign producer and a list of known persons 
(physical or legal) importing the product in question;    
 (4) evidence with regard to th e existence, amount and nature of the subsidy in question and 
evidence that a subsidy is actionable;     (5) evidence, including information on evolu tion the volume of the allegedly subsidized 
imports and the effect of these imports on prices of the like product in the market of Ukraine and 
consequent impact of the imports on the national i ndustry, as demonstrated by relevant factors and 
indices having a bearing on the state of the national industry such as those liste d in paragraphs three 
and five of the Article 13 of this Act.    3. Upon receipt of the application under provisions  of the paragraph one of this Article, the 
Ministry shall initiate investigation, reviewing th e accuracy and adequacy of the evidences provided 
in the application, to determine whether the ev idence is sufficient to ju stify the opening of a 
countervailing duty investigation pursuant to th e paragraph thirteen of this Article.   
 4. An investigation shall be initiated for the purpose of determination whether the allegedly 
subsidies are specific pursuant to the paragraphs one and two of the Article 8 of this Act.   
 
5. An investigation shall be also initiated for the purpose of determination whether non-
actionable subsidies meet the requirements of the co nditions listed in the para graphs one, three, four 
or five of the Article 9 of this Act.    
6. If a matter of a subsidy, granted in the fra mework of the subsidizing programme, has been 
passed to the Commission of subsidies and count ervailing measures of WTO under the terms of the 
Article 8 of the GATT Agreement of 1994 on su bsidies and countervailing measures before due 
introduction of the programme in question, and where the Commission has not determined whether 
such subsidy meets the requirements of the provisi ons thereof, the countervailing duty investigation, 
pursuant to the subsidy in question, shall be initiated only if the fact of violation of the provisions of 
the Article 8 of said Agreement was established by  the WTO authority governing the settlement of 
disputes or arbitration, as provided in paragraph five of the Article 8 of such Agreement.   
 7. An investigation shall be also initiated pursu ant to the measures of national support to the 
agriculture producers of the exporting countries listed in  the Annex 4 of this Act, provided that these 
measures incorporate a component of a subsidy in question under the terms of the Article 6 of this 
Act, in order to determine whether such measures meet the requirements of the provisions of the 
above Annex.    8. The application shall be considered to have  been made by or on behalf of the national 
industry, if it is supported by those national produ cers, whose collective output constitutes more than 
50 per cent of the total production of the like product produced by the portion of the national 
producers expressing either support for or opposition to  the application.  However, no investigation 
shall be initiated when national producers expressl y supporting the application account for less than 
25 per cent of total production of the like product produced by the national industry.  If, at the date of making application and serving it on the Ministry , the applicant is supported by those national 
producers, whose collective output constitutes 25 per cent or more (but less than 50 per cent) of the 
production of the like product produced by the national industry, the applicant shall, in the course of 
anti-subsidizing procedure, get support (or direct or indirect opposition to) of other producers to 
establish whether this application is supported by  those national producers, whose collective output  G/ADP/N/1/UKR/1 
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  constitutes more than 50 per cent of the total pr oduction of the like product by the national producers 
prior to initiation of an anti-subsidizing investigation.    
9. The Ministry and Commission shall avoid any publicizing of the application for initiation of 
an anti-dumping investigation, prior to making decisi on on initiation of such investigation.  However, 
after receipt of a properly documented application and before proceeding to initiate an anti-dumping 
investigation, the Ministry shall by order of the Commission give a notice to the competent authorities 
of the interested exporting country on initiation of an anti-subsidizing procedure.  In the 
circumstances the Ministry shall serve on the appli cant the confidential request to direct additional 
copies of non-confidential versions of the applica tion to be dealt with pursuant to the paragraph 
fifteen of this Article.    10. In special circumstances, laid down in paragraph five of this Article, the Commission may 
decide to initiate an anti-subsidizing investiga tion without receiving a written application by or on 
behalf of a national industry, provided that the Commission has sufficient evid ence of the existence of 
a subsidy, injury and casual link as described in para graph two of this Article, to justify initiation of 
an investigation.     The Ministry shall initiate the investigation in question if the Commission so decided.   
 
 An investigation shall not be initiated to the imports of the countries - the members of WTO, 
the volume of which is less that one per cent of th e total volume of consumption in Ukraine of the 
product, which is subject to anti-subsidizing procedur e, if collective volume of such imports from the 
aforementioned countries is less than three per cen t of the consumption volume in question.   
 
11. The sufficient evidence of both subsidy and in jury shall be considered by the Ministry 
simultaneously in the decision, whether or not to  initiate an anti-subsidizing investigation.   
 12. An application shall be rejected, if the aut horities concerned are satisfied that there is no 
sufficient evidence of either subsidization or injury to satisfy pro ceeding with the case.   
 
 An applicant may withdraw his application during the course of anti-subsidizing procedure 
prior to initiation of the investigation.  In this case an application is considered as if not made.   
 13. The Ministry shall provide a report to the Commission on the results of the anti-subsidizing 
procedure.  The decision on initiation of the i nvestigation shall be made by the Commission on 
request of the Ministry, normally within the term of  30 days from the date of making an application.  
Such decision shall be made on the basis of suffici ent evidences substantiated by actual data obtained 
in the course of anti-subsidizing procedure.  A deci sion on initiation of the investigation made by the 
Commission shall authorize the Ministry to:    
 (1) immediate initiation of the anti-subsidizing investigation;   
  (2) to publish a notice on initiation of an inves tigation in the press of the Cabinet of Ministers 
of Ukraine (hereinafter referred as newspaper).    
 If upon request of the Ministry the Commission decides to terminate the anti-subsidizing 
procedure because of insufficient ev idence to substantiate the appli cation, it shall authorize the 
Ministry to notify the applicant of such decision within 45 days from the date of making application.    14. The notification of initiation of an anti-s ubsidizing investigation shall contain:   G/ADP/N/1/UKR/1 
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   (1) the information on initiation of an  anti-subsidizing investigation;   
  (2) description of the product in question a nd the names of the interested countries;   
 
 (3) brief report (hereinafter referred as summary) on information obtained by the Ministry;   
  (4) reference that all useful information on the investigation in question shall be directed to 
the Ministry;   
 
 (5) terms within the frames of which:   
 
- the interested parties can give a notice to the Mini stry on their concern in such investigation;   
 
- the interested parties can provide written commen ts on such investigation and other relevant 
information.  Such comments and other informa tion shall be accounted by the Ministry in the 
course of an investigation, if provided for th e Ministry in due terms of notification;   
 
- the interested parties shall have the right to re quire the hearings to be held at the Ministry 
pursuant to the paragraph six of the Article 16 of this Act.   
 
15. The Ministry shall notify the exporters, im porters, the known associations of importers or 
exporters, competent authorities of the exporting country and an applicant of initiation of anti-
subsidizing investigation.  For the purpose of this Act with regard to protection of the confidential 
information, the Ministry shall provide the full te xt of the written application to the known exporters, 
to the competent authorities of the exporting country and make it available upon request to other 
interested parties involved.  If the number of the interested exporters is too great, the Ministry shall provide the full text of the written application to the competent authorities of the exporting country only.    16. An anti-subsidizing investig ation shall not hinder the procedures of customs clearance.   
 
Article 16.  Anti-subsidizing investigation 
 
1. Pursuant to the decision of the Commission,  the Ministry shall initiate anti-subsidizing 
investigation and perform such investigation toge ther with other executive bodies of the government 
of Ukraine.   
 2. An investigation shall be carried out for the purpose of determination of the existence of the 
subsidy and injury.  For the purpose of determination, in the course of investigation, of the facts of 
subsidization, the term of inves tigation shall be fixed pursuant to the provisions of paragraph one of 
the Article 10 of this Act.  Any information relatin g to the period other than specified above shall not 
be accounted.   
 3. The Ministry, along with the notice on initiation of the investigation, shall provide to the known exporters, importers, other parties, which the Ministry considers to be involved in such 
investigation, or to the competent authorities of the exporting countries, the questionnaires for the 
purpose to receive information and evidence to  be used during such investigation.   
  The interested parties shall be given at least thir ty days from the date of delivery to respond.   
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   The questionnaire shall be deemed to be de livered within 4 days after mailing it to the 
recipient or diplomatic representative of the exporting country.    
 The term for giving reply may be extended by the Ministry pursuant to the terms fixed for 
performance of such investigation, provided that  the interested parties shall present reasonable 
evidence for such extension.    4. The Ministry shall require the executive bodies of the government of Ukraine to provide 
information and materials needed to carry out an an ti-subsidizing investigation.  On request of any 
member of the Commission the Ministry shall provide him or the Commission with non-confidential resume in a summery form received from such bodies.    5. During the course of the investigation the Ministry shall have the right to:   
 
 (1) authorize other executive bodies of the govern ment of Ukraine to perform inspection or 
verification of the activity of the importers, traders and Ukrainian producers;     (2) carry out verification of information receive d from the interested parties involved in an 
investigation, unless the interested party or officia lly notified competent authorities of the interested 
country object to the investigation.  For this purpose the Ministry shall determine the terms and 
methods of performance of such inspection and verification.   
  The executive bodies of the government of Uk raine shall take all necessary measures to 
satisfy such requirements.  The inspections and veri fications shall be also executed by the authorized 
officers of the Ministry.   
 6. The interested parties, which have notified the Ministry about their intention to be involved in 
an investigation pursuant to paragraph fourteen of the Article 15 of this Act, shall have the right to 
apply to the Ministry with request the hearings to be held at the Ministry in the matter of an anti-
subsidizing investigation, provided that:   
 
 (1) they required such hearings to be held w ithin the terms fixed in the newspaper's notice on 
initiation of an investigation;     (2) they have proved to be the interested pa rties that could be affected by the consequent 
impact of such investigation;   
  (3) they have special reasons for such hearings to be held.    7. On request of the parties, which have informed  the Ministry on their wish to be involved in an 
investigation pursuant to the paragraph fourteen of the Article 15 of this Act, and on request of the 
competent authorities, the Ministry shall provide oppor tunity for all interested parties to meet those 
parties with adverse interests, so that opposin g views may be presented and rebuttal arguments 
offered. Provision of such opportunities must take  into account the need to preserve confidentiality 
pursuant to available information.    
 There shall be no obligation on any party to atte nd consultations, and failure or refusal to do 
so shall not be prejudicial to that party's case.    G/ADP/N/1/UKR/1 
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   Oral information, provided to the interested parties pursuant to the pa ragraphs seven and eight 
of this Article, shall be taken into account by the Ministry in the course of an investigation, only 
insofar as it is subsequently reproduced in writing.   
 
8. The applicants and interested parties, which have notified the Ministry about their 
involvement in an investigation, pursuant to the para graph fourteen of the Article 15 of this Act, and 
the respective competent authorities shall, on request , be provided opportunities to see all information, 
which is relevant to the presentation of their cases, that is not confidential, with exception of the 
confidential official documents of the Ministry and Commission, provided that such information is:   
  (1) related to protection of their interests;     (2) not confidential pursuant to the provis ions of the Article 31 of this Act;   
 
 (3) used in the anti-subsidizing investigation.    9. Any information provided by the interested parties for making affirmative or negative determination, whether a subsidy a nd injury exist shall be verified by the Ministry, except in those 
cases described in the Article 30 of this Act. 
 
 The information and evidences, supplied to the Mini stry by one of the interested parties in the 
course of an investigation, shall be provided by su ch party to all other interested parties.  If the 
relevant information and evidences are not supplied to th e Ministry or to the interested parties or it is 
impossible to verify such information and eviden ces, the information and ev idences in question shall 
be disregarded in the course of the investigation.   
 10. Investigations shall be concluded within one year after initiation thereof.   
  The time-limits for conducting investigation may be extended by decision of the Commission 
but in no case shall be more than 14 months.   
 
11. In the course of the investigation the Minist ry shall provide the competent authorities with 
opportunities to continue consultati ons in order to satisfy themselves as to the accuracy of the facts 
and to arrive at a mutually accepta ble solution in this respect.   
 
 
Section VI.  COUNTERVAILING MEASURES 
 
Article 17.  Provisional measures 
 
1. Provisional measures may be applied only if:   
 
 (1) an anti-subsidizing procedure has been initia ted pursuant to the provisions of Article 15 of 
this Act;     (2) an investigation has been initiated pursuant to the provisions of Article 16 of this Act;   
 
 (3) a public notice on initiated anti-subsidizing pr ocedure has been given in the newspaper;   
  (4) interested parties have been given ad equate opportunities to submit information and 
comments pursuant to the paragraph fourteen of the Article 15 of this Act;    G/ADP/N/1/UKR/1 
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   (5) during anti-subsidizing investigation the Ministry has made a preliminary affirmative 
determination that a subsidy exists and that there is material injury to a domestic industry caused by 
subsidizing imports, which enjoy pr ohibited subsidy in Ukraine;   
 
 (6) national interests judge such measures nece ssary to prevent serious injury being caused.   
 2. Provisional measures shall not be applied soone r than 60 days and later than nine months 
from the date of initiation of investigation.   
 
3. If the intention of the Ministry to verify pertinent data under the provisions of Articles 8 and 9, paragraph nine of the Artic le 16 and Articles 28 and 30 of this Act have not been accepted by a 
importers, exporters or manufacturers, which are s ubject to an investigation, the investigating 
authorities shall establish, not later than 75 days fro m the date of the initiation of an investigation, 
whether provided evidences have been justified to ma ke preliminary determination of the existence of 
an actionable subsidy and injury.     Not later than 10 days before the possible date  of application of the provisional measures the 
interested parties may be given a notice on justifi cation why the Ministry requires the Commission to 
review and apply the provisional measures.  The inte rested parties may direct to the Ministry their 
comments in this respect.  Any comments of the inter ested parties shall be reviewed by the Ministry, 
only if supplied not later than 5 days prior to the date of making decision by the Ministry to apply provisional measures.  The reasons for non-acceptance of the comments shall be described in the appropriate decision of the Commission.    
 To this end the Commission, having accounted  the recommendations of the Ministry, may 
decide to apply provisional measures not later than 90 days of the date of  initiation of an anti-
subsidizing investigation.     If any member of the Commission requires the immediate application of the provisional measures by the Commission, pursuant to the requi rements of the paragraphs one and two of this 
Article, the Ministry shall:   
  (1) make preliminary determination with regard  to the existence of a fact of subsidy and 
injury and whether it is reasonable to apply provisi onal measures not later th an at the tenth working 
day from the date of receipt of duly executed request of a member of the Commission;   
 
 (2) give a notice to the Commission with regard to such determinations proposing to fix the 
date the hearings of the Commission to be held in this respect.    4. Before termination of an anti- subsidizing investigation, the Ministry shall be satisfied that 
there is sufficient evidence provided by the applic ants, interested parties, executive bodies of the 
Ukrainian government of the existence an actionable subsidy, infliction of injury and justified reasons 
for application of the provisional measures.  The Mi nistry shall give a notice to the Commission with 
regard to the determina tions in question.   
  Not later than 10 days prior to the expected date of application of the provisional measures, 
the interested parties may be given a notice on jus tification why the Ministry requires the Commission 
to review and apply the provisional measures.  The in terested parties may direct to the Ministry their 
comments in this respect.  Any comments of the inter ested parties shall be reviewed by the Ministry, 
only if supplied not later than 5 days prior to the date of making decision by the Ministry to apply G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  provisional measures.  The reasons for non-acceptance of the comments shall be described in the 
appropriate decision of the Commission.    
 On the basis of the recommendations made by  the Ministry, the Commission may decide to 
apply provisional measures not la ter than nine months from the date of initiation of an anti-
subsidizing investigation.    5. The determinations of the Ministry to reject  application of the provisional measures shall not 
be ignored, where the decision with regard to such  measures has been made in the following cases:   
  (1) upon reasonable request provided by a member of the Commission;     (2) upon reasonable request provided by an interested national producer;   
 
 (3) with regard to an initiative of the Minist ry pursuant to new revealed evidences proving the 
existence of the subsidization and injury.    6. The provisional measures may be applie d by means of imposition of the provisional 
countervailing duties.  The rate of provisional countervailing duty shall be determined in the 
appropriate resolution of the Commission.   
  The rate of provisional countervailing duty shall be  determined by one of the methods below:   
 
- in per cent pursuant to duty cost of the product under anti-subsidizing investigation.  The duty 
cost shall be calculated pursuant to the basic term s of delivery CIF- the boarder of Ukraine;   
 
- as a difference between minimum value and duty cost of the product calculated pursuant to 
the basic terms of delivery CIF- the boarder of Ukraine;   
  Minimum price shall mean the sales value of  the product in question, which does not cause 
injury to the national producer.  The minimum valu e shall be calculated pursuant to the paragraph 
nine of this Article.    7. Minimum value shall be calculated as follows:    
 (1) The Ministry shall calculate the value of  the product under anti-subsidizing investigation 
pursuant to the practice in sales of such product in th e market of Ukraine within the basic period.  The 
Ministry shall calculate the weighted average value for basic period on the basis of weekly or monthly 
prices.  The Ministry shall make one time calcu lation using relevant info rmation provided by the 
Customs, the applicant or the interested party, or  using the like information from other sources.  The 
basic period shall mean the period of duration from six months to five years, preceding the period of 
investigation;   
  (2) The Ministry shall establish the actual curre nt market price of the product under anti-
subsidizing investigation based on the price practi ced in the market of Ukraine for the period of 
investigation, anti-subsidizing in vestigation and the period of application of the provisional measures 
within four weeks preceding 25th day of each month;   
  (3) The Ministry shall calculate the variable value in per cent that equals to a difference 
between prices described in sub-pa ragraphs 1 and 2 of this paragr aph divided to the price of the 
product that have been practiced in the market of Ukraine;    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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   (4) The Ministry shall establish the price of a product of the national producer within the 
basic period using information received from such pr oducer and/or from other sources in the course of 
investigation;   
 
 (5) an adjustment in price of a product of th e national producer shall mean the variable value 
in per cent calculated pursuant to the sub-paragr aph 3 of this paragraph and multiplied by the price 
value of a product of the national producer calculated pursuant to sub-paragraph 1 of this paragraph;   
 
 (6) the minimum price for the next month shall be established by means of increase in a price 
of the product of the national producer for the basic period by the value of the above adjustment;     (7) the Ministry shall calculate the minimum pr ice on the base of the data available by 25th 
day of each month;   
 
 (8) The Ministry shall provide the Customs w ith information on the minimum price not later 
than on 1st day of each month;     (9) the established minimum price,  pursuant to this paragraph,  shall be effective during the 
whole period of application of the prov isional anti-subsidizing measures;   
 
 (10) where the minimum price is calculated for the five year period the Ministry shall use the method of calculation of the minimum price pursuant to  sub-paragraphs from 1 to  9 of this paragraph, 
adjusting necessary data to the five year period of the provisional measures to be applied.   
 
8. A provisional countervailing duty shall be paid in a cash or non-cash form or by means of 
cash deposits or bonds equal to the duty amount, if  not otherwise is established by the Act.   
 9. The rate of a provisional countervailing duty shall not exceed the preliminarily calculated 
total amount of the actionable subsidy and shall be  less than the amount of the subsidy, if such 
increases would be adequate to those of the national industry.   
 
 A provisional countervailing duty shall be levied  in the appropriate amounts in each case, on 
a non-discriminatory basis and notwithstanding the country of export, if the decision of the Commission determines that the imports of the produc ts in question is subject to application of the 
provisional measures.   
 
 In such decision the Commission shall identify each supplier of the products, the imports of 
which is subject to application of the provisional me asures.  Where an anti-subs idizing investigation is 
performed with regard to the produc ts imported by the producers of one  and the same country and it is 
impracticable to identify all such  suppliers, in its decision, th e Commission shall identify the 
exporting country.  Where an anti-subsidizing investig ation is performed with regard to the products 
imported by several producers from more than one country, in the decision of the Commission shall 
be identified either all suppliers or, if it is impracticable, all exporting countries.   
  In its decision, the Commission shall estab lish the rate of provisional countervailing duty 
imposed on the product of each supplier (producer, expor ter, importer), the imports of which to the 
Ukrainian market, is subject to application of coun tervailing measures, or if it is impracticable to 
identify all suppliers of such products, a ll exporting countries shall be identified.   
 10. A provisional countervailing duty shall be imposed by the customs authorities of Ukraine at the rate and under terms established by a decision of the Commission with regard to the provisional G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  countervailing measures to be applied.  A provisional countervailing duty shall be imposed 
irrespective of payments of other taxes and char ges (mandatory payments) including duty, customs 
charges when importing certain types of products to the customs territory of Ukraine.   
 
11. The application of provisional countervailing me asures shall be limited to as short a period as 
possible, not exceeding four months.    
(part 12 of Article 17 is in the wording 
of the Law of Ukraine N 252-VI of 10 April 2008) 
 12. A decision, pursuant to extension of the term of application of the provisional measures, shall 
be made at the hearings of the Commission on recommendation of the Ministry by a qualified majority vote.   
 
13. By order of the Commission, the Ministry shall inform the Cabinet of Ministers of Ukraine on a decision made pursuant to the provisions of this Article.    14. The application of the provisional measur es shall not hinder customs clearance of the 
products under investigation.   
 
Article 18.  Undertakings of the interested parties 
 
1. Proceedings of an anti-subsidizing investiga tion may be terminated without the imposition of 
provisional measures or countervailing duties upon r eceipt of satisfactory voluntary undertakings 
under which:   
  (1) the government agrees:    
- to eliminate the subsidy; 
 
- or to limit the subsidy;   
 
- or to take other measures with regard to the effects thereof.   
  (2) the Ministry has received satisfactory voluntary written undertakings of the exporter to 
revise his prices or terminate exportations of pro ducts under investigation to the region of Ukraine 
using the prohibited subsidy to satisfy the Ministry and the Commission, that the effect of such subsidy, pursuant to this Ac t, shall be eliminated;   
  (3) the Ministry provides the Commission with th e undertakings of the exporter along with 
the appropriate recommendations to the exporter to  revise his prices.  A decision on the exporter's 
undertakings shall be made by the Commission.  The increase in prices with respect to the exporter's 
undertakings to terminate subsidized importation:    
- shall not be higher than it is needed to recover the amount of the prohibited subsidy;   
 
- however, shall not be less than the amount of the above subsidy, where such increase would 
be adequate to remove the injury caused to th e national industry by the subsidized imports.   
  The interested parties shall be recommende d to give undertaking, provided that the 
Commission has made the decision to apply the provisional measures.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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   Upon receipt of such voluntary undertaking the Ministry shall establish whether it meets the 
requirements of sub-paragraphs 1 and 2 of this paragraph.   
 
 At the hearing the Commission may decide to accept such undertakings.   
  Where, pursuant to paragraphs one and two of the Article 14 of this Act, the total number of 
the producers of a certain region has been identifie d as the national producer, the exporters shall be 
given an opportunity to offer importation of their products to these separate markets pursuant to the 
provisions of this Article.  If the Commission establishes, that the application of the provisional 
measures protects national interests, the regi onal interests shall be also accounted.   
 2. Where the mentioned above undertaking is insu fficient to remove the consequent impact of 
the subsidization, or not offered within 60 days from the date the Commission has made the decision 
to impose the provisional countervailing duties, or  due to the circumstances laid down in the 
paragraphs nine and ten of th is Article, the Commission shall make a decision to impose the 
provisional and definitive countervailing duties within th e whole territory of Ukra ine.  In such cases 
the Commission shall establish in such decision the producers or exporters of the products, the countervailing duties to be imposed thereon, whic h have been identified in the course of anti-
subsidizing investigation.   
 
 Undertakings to terminate the subsidized impor ts shall be suggested by the Ministry but the 
authorities and/or interested parties shall be not lia ble to accept them.  The fact, that authorities and/or 
interested parties do not offer undertakings pursuan t to termination of the subsidized imports, or 
oppose to the appropriate recommendations of the Ministry thereof, shall in no way prejudice the 
performance of anti-subsidizing inves tigation.  However, the Ministry is free to determine that a threat 
of injury more likely if subsidized imports continue.     Undertakings to terminate the subsidized imports  shall be proposed to the interested parties by 
the Ministry, when the Commission has deci ded to apply the provisional measures.   
 
 Undertakings shall not be offe red after expiration date laid dow n in the paragraph five of the 
Article 32 of this Act, if not otherwise provi ded for the extraordinary circumstances.   
 3. Undertakings of the exporters to terminate the subsidized imports need not be accepted, if the 
Ministry considers their acceptance impractical, fo r example, if the number of actual or potential 
exporters is too great, or for other reas ons, including the general policy as well.   
  Should the case arise and not later than 15 days pr ior to expiration date of application of the 
provisional measures, the interested exporters shall be provided with reasons, for which the Ministry 
has recommended to the Commission to consider acceptance of an undertaking as inappropriate.  
Such exporters shall be given an opportunity to make comments thereon, if provided to the Ministry, 
not later than 10 days prior to expiration date of application of the provisional measures.   
  In its final decision the Commission shall provide the reasons for non-acceptance of the 
exporter's comments to be accounted.    
4. The exporters, who offer the undertakings, sh all present a non-confidential version of such 
undertaking to be provided by the Ministry  to other interested parties to be seen. 
 5. Where, after consultations he ld between the Ministry and inte rested parties, the exporters 
offer the undertakings to terminat e the subsidized imports, the Minist ry shall approve the preliminary G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  determination to terminate anti-s ubsidizing investigation and submit a report on the results of such 
consultations, recommending the Commission to make d ecision on termination of an anti-subsidizing 
investigation without application of the provisiona l measures to the product imported to Ukraine by 
the interested parties, whose unde rtakings have been accepted.   
  The decision of the Commission on acceptance of undertakings of the exporter to terminate 
subsidized import and on termination of an anti-subsidizing investiga tion shall be made by a qualified 
majority vote within one month from the date of  acceptance of recommendations provided by the 
Ministry to terminate such investigation.  An anti-subsidizing investigation shall deem to be 
terminated, if within a period of one month fro m the date of submission of such report, the 
Commission has not decided otherwise.     If the Commission decided to terminate an anti-s ubsidizing investigation, the Ministry shall 
immediately provide the Commission with a detailed re port on the results of consultations, pursuant to 
application of the provisional measures.    6. If the undertakings of an exporter to term inate the subsidized imports are accepted, the 
Ministry, normally, shall continue performance of anti- subsidizing investigation to be terminated.  If a 
negative determination of subsidization or injury is  made, the undertaking shall automatically lapse, 
except in cases, where such determination is due in larg e part to the existence of an undertaking.  In 
such cases the Ministry may require an undertaking be  maintained for a reasonable period needed to 
eliminate the consequent impact of the subsidized imports.     Where, an affirmative determination of subsidi zation and injury is made by the Ministry, the 
undertaking shall continue to be consistent with the decision of the Commission.   
  The Ministry shall immediately provide the Commission with the repor t on the decision made 
pursuant to the provisions of this paragraph.  The Commission may approve such decision at the hearings by a qualified majority vote.    
7. The Ministry shall have the right to require  any competent authorities or exporter, from whom 
undertakings to terminate the subsidized imports  have been accepted, to provide periodically 
information to the fulfilment of such undertakings , and to permit verificati on of pertinent data.  
Renunciation of fulfilment of such undertakings by the competent authorities and/or exporter shall be 
considered as violation thereof.   
 
8. If in the course of an anti-subsidizing i nvestigation an undertaking of the exporter to 
terminate the subsidized imports is accepted pursuant to the Section VII of this Act, such undertaking 
shall be maintained from the date of termination of  an anti-subsidizing investigation in question.   
 9. If the Ministry establishes violation or nullification of undertakings by a party, the Ministry 
shall draw up a report with recommendation to ap ply the provisional measures and submit it to the 
Commission to be reviewed. At the hearings, the Co mmission shall review the report and, pursuant to 
the Article 19 of this Act, may decide by a simple majority vote to impose the definitive countervailing duty, based on the facts established in the course of an anti-subsidizing investigation, 
where undertaking of the exporter to terminate th e subsidized imports has been accepted.  The 
decision to apply the definitive countervailing measures shall be made if:   
  (1) a final determination of the existence of  the subsidy and injury has been made by the 
Commission pursuant to the results of the investigation;     G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
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   (2) the exporter and/or competent authority, except the cases, where undertakings have been 
nullified, shall have an opportunity to submit to the Commission their comme nts to be accounted at 
the hearings of the Commission.   
 
10. At the hearings the Commission shall review  the report of the Ministry and other provided 
information and make decision with regard to availa ble data and provisions of the Article 17 of this 
Act on immediate application of the provisional measures:    
 (1) if there is sufficient evidence that the e xporter and/or competent authority violate their 
undertakings to terminate the subsidized imports;     (2) if the exporter and/or competent authority violate their undertakings to terminate the subsidized imports, where anti-subsidizing investig ations, in the course of which such undertakings 
have been offered, still continue.   
  The decision of the Commission on immediate application of the provisional measures shall 
be made by a simple majority vote.    
Article 19.  Termination of anti-subsidizing pr ocedure without application of the countervailing 
measures.  Application of the de finitive countervailing measures 
 
1. If the application is withdrawn, an anti-s ubsidizing procedure shall terminate with no 
countervailing measures to be applied, except in  cases, where termination of such procedure 
contradicts to the national interests.   
 
2. If application of the provisional countervailing measures is not needed, nor refusal to apply 
such measures is opposed by the members of th e Commission, the latter on recommendation of the 
Ministry shall terminate the anti-subsidizing proce dure or investigation.  The decision in question 
shall be made by a qualified majority of vote.    
 Pursuant to this paragraph, the Ministry sh all draw up a report, notify the representatives of 
the country of origin and/or exporting country and publish an appropriate announcement in the 
newspaper setting out the basic determinations and summaries of the reasons for termination of the 
anti-subsidizing investigation without app lication of the countervailing measures.   
 
3. Pursuant to the paragraph five of this Article an anti-subsidizing procedure shall be 
immediately terminated by the order of the Co mmission on recommendation of the Ministry without 
application of the countervailing measures, provided that an actionable subsidy is minimum, or the 
volume of actual or potential subsidized imports or  actual or potential injury are insufficient.   
 4. For the purpose of an anti-subsidizing inv estigation, initiated pursuant to the paragraph 
thirteen of the Article 15 of this Act, the injury sh all be insufficient, where the amount of the share of 
the market of importation of the like products introd uced to commerce of Uk raine, is less than the 
amounts laid down in the third sentence of the para graph ten of the Article 15 of this Act.   
  In an anti-subsidizing investigation with rega rd to the imports from the developing countries, 
the members of WTO, the volume of the subsidized imports shall be treated as insufficient, provided 
that this volume is less than four per cent of the total volume of importation of the like product introduced to commerce of Ukraine from any of a developing country – the member of WTO.    G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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   However, the countervailing measures shall be applied, where the volume of the subsidized 
imports exceeds nine per cent of the total volume of  the importation of the like products introduced to 
commerce of Ukraine from several developing count ries, the members of WTO, even if their 
respective shares in imports to Ukrain e are less than four per cent.   
 5. In an anti-subsidizing investigation the amount  of actionable subsidy shall be regarded as 
minimum, only if it is less than one per cent of the total cost of the product under investigation, 
except:   
 
 (1) in an anti-subsidizing investigation, pur suant to importation of the products from the 
developing countries, the minimum threshold of a subsidy shall be the amount of the imports not 
exceeding two per cent of the total cost volume of the product under investigation;    
 (2) for the countries, the members of WTO, descr ibed in the Annexes 5 and 6 to this Act and 
for those developing countries not applying subsidization pursuant to the paragraph three of the Article 8 of this Act, the minimum threshold of a subsidy shall be three per cent of the total cost 
volume of the product under investigation.     If application of the provisions of this subparagraph depends upon  nullification of the 
exporting subsidies, such provision shall apply from the date of notification of the WTO Commission 
for subsidization and countervailing measures unless  one of the aforementioned developing countries 
would grant an exporting subsidy.     To this end an anti-subsidizing investigation shall be carried out if:   
 
- the amount of an actionable subsidy is above  its minimum level established for certain 
exporters;   
 
- certain exporters continue to be subject to anti-subsidizing procedure and may be subject 
again to an anti-subsidizing investigation with  regard to importation of products from the 
country in question under the provisions of the Section VII of this Act.   
  Such anti-subsidizing investigation shall term inate without application of the countervailing 
measures.    
6. The principles of application of the co untervailing measures shall be as follows:   
  (1) definitive countervailing measures shall be a pplied, where the Ministry has made the final 
affirmative determination of the existence of the prohibited subsidy and injury, being a consequent 
impact of such subsidy, and where the application th ereof is required with rega rd to protection of the 
national interests pursuant to the  provisions of the Article 35 of this Act;   
 
 (2) when provisional countervailing measures ar e applied, the Ministry shall provide the 
Commission with proposals to apply the definitiv e countervailing measures one month prior to the 
expiration date of application of the provisional measures;    
 (3) on recommendation of the Ministry, the Co mmission shall decide whether to levy the 
definitive countervailing duties and establish the rate  thereof, which must not exceed the amount of 
preliminarily calculated total amount of the actio nable subsidy and be less than the amount in 
question, provided that such rate shall be sufficient to avoid injury caused to the national producer;   
  G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
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   (4) the definitive countervailing measures may be applied in a form of the levied definitive 
countervailing duty.  The rate of  the definitive countervailing dut y shall be established in the 
appropriate decision of the Commission.  The ra te of the definitive countervailing duty shall be 
established:   
 
- in per cent pursuant to duty cost of the product under anti-subsidizing investigation.  The duty 
cost shall be calculated pursuant to the basic term s of delivery CIF- the boarder of Ukraine;   
 
- as a difference between minimum price and duty cost of the product calculated pursuant to the 
basic terms of delivery CIF- the boarder of Ukraine.  To this end the minimum price shall be calculated pursuant to the paragraph eight of the Article 17 of this Act.   
 7. The definitive countervailing duty shall be le vied in the appropriate amounts in each case, on 
a non-discriminatory basis on imports from any exporting country, if established that the import in 
question enjoys an actionable subsidy and causes in jury, provided that no undertakings have been 
offered by the exporter pursuant to  the provisions of this Act.   
  In such decision the Commission shall identify each supplier of the products, the imports of 
which is subject to application of the definitive countervailing measures.  Where an anti-subsidizing 
investigation is performed pursuant to the products  imported by the producers of one and the same 
country and there is no possibility to identify all su ch suppliers, in its decision the Commission shall 
identify the exporting country.  Where an anti-subsid izing investigation is performed pursuant to the 
products imported by several producers from more than one country, in such decision the Commission shall identify either all suppliers or, if it is impracticable, all exporting countries.   
 
 In the decision the Commission shall establish th e rate of the definitive countervailing duty 
levied on the product of each supplier (producer, ex porter, importer), the imports of which to the 
Ukrainian market is subject to application of the co untervailing measures, or if it is impracticable to 
identify a supplier (producer, exporter, importer)  of such products a rate of the definitive 
countervailing duty shall be established for the exporting country.   
 
8. In cases, where the Ministry makes use of  selective methods in the course of an anti-
subsidizing investigation described in provisions of  the Article 29 of this Act, a countervailing duty 
levied directly on exporters or producers of the pr oducts imported to Ukrain e, who have notified the 
Ministry of their involvement, pursuant to the provisi ons of the Article 29 of this Act, shall not exceed 
weighted average amount of an actionable subsidy, established for comparable  exporters or producers. 
Pursuant to this paragraph the Ministry sha ll not account zero and insufficient values, values 
calculated in cases illustrated in the Article 30 of th is Act.  Individual rates of a countervailing duty 
shall be imposed in cases of direct imports to Ukraine by the exporters or producers and where 
selective methods of an anti-subsidizing inves tigation are applied under the provisions of the 
Article 29 of this Act.   
 
9. A definitive countervailing duty shall be paid at  the rate and under the terms established in the 
decision of the Commission with re gard to application of the definitive countervailing measures.  A 
definitive countervailing duty shall be paid irresp ective of other taxes and charges (mandatory 
payments) including duties, customs duties, etc., to  be normally collected from the imports introduced 
to commerce of Ukraine.   G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  Article 20.  Specificity in application of the countervailing measures 
 
1. The provisional and definitive countervaili ng measures shall only be applied to products, 
which enter for consumption in Ukraine and wher e the Commission decides to apply such measures 
and the appropriate decision enters into force, w ith exception of cases illustrated in the provisions of 
this Act.    2. In case of imposition of the provisional counter vailing duty after the Ministry has established 
the existence of an actionable subsidy and caused injury, and on recommendation of the Ministry the 
Commission, irrespective of the decision whether to  impose the definitive countervailing duty or not, 
shall make the final decision on establishment of the rate of the provisional countervailing duty.  To this end, when establishing the existence of the inju ry, the following factors shall be disregarded:   
 
 (1) sufficient impediment to creation or e xpansion by national industry the production of 
goods and products under investigation;     (2) a threat of serious injury, except in cases where the Ministry establishes that a threat to 
cause serious injury would likely to lead to actual seri ous injury, if not to apply provisional measures.   
 
 In all other cases, where exists a threat of serious injury or impediment to creation or 
expansion by national industry of the production of goods and pr oducts under investigation, a 
provisional duty shall not be levied.  The definitive countervailing duty shall be levied of the date of 
making final establishment of the existence of sufficient impediment to creation or expansion by national industry of the production of goods  and products under investigation.   
 
3. If the rate of the definitive countervailing duty is higher than the provisional duty, a supplier 
shall be released from payment of such difference.  If the rate of the definitive countervailing duty is 
lower than the rate of the provisional duty, such difference shall be refunded to a supplier (producer, 
exporter, importer).  Should the Commission make fina l negative determination of the existence of an 
actionable subsidy and caused injury, the amount of  paid or deposited provi sional countervailing duty 
shall be reimbursed to a supplier (producer, exporter, importer) and any bonds released.   
 4. 90 days before the date of application of  the provisional measures but not sooner 60 days 
before the date of initiation of an anti-subsidizing investigation,  the definitive countervailing duty 
may be levied on the products declared for consump tion should the below circ umstances exist in the 
aggregate:   
  (1) the importation of the aforementioned produc ts to Ukraine has been carried out under duly 
filed contracts pursuant to the paragraph four of the Article 27 of this Act;   
  (2) the Ministry has provided the importers with an opportunity to submit their comments on 
application of the countervailing measures;   
  (3) the Ministry has established that:   
- besides the subsidized product under inves tigation causing serious injury, which is 
likely to undermine the remedial effect, th e injury is caused by massive imports of 
such product in a relatively short time, wh ich enjoys benefit out of a prohibited 
subsidy;   
  G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
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  - in order to remedy the injury the Commission shall make immediate decision on 
imposition of a countervailing duty on such imports but not prior to the date of 
initiation of an anti-subsidizing investigation.   
 
5. In case of violation or nullification of the exporter's undertakings to  terminate subsidized 
imports, 90 days prior to the date of the app lication of the provisional measures the definitive 
countervailing duty may be levied, but in no case prior to the date of initiation of an anti-subsidizing 
investigation if:   
 
 (1) imports to Ukraine is carried out under the contracts duly filed pursuant to the paragraph four of the Article 27 of this Act;     (2) the application of the countervailing measu res does not involve the imports entered prior 
to violation or nullification by an exporter of hi s undertakings to terminate a subsidized imports.   
  
Section VII.  DURATION OF COUNTERVAILING MEASURES, REVIEW AND 
REIMBURSEMENT OF COUNTERVAILING DUTY 
 
Article 21.  Duration of countervailing me asures and general provisions of review or 
reimbursement of paid countervailing duty 
 
1. The countervailing measures shall only be applie d pursuant to the appr opriate decision of the 
Commission within the terms and in the amount suffi cient to eliminate an actionable subsidization 
which causes injury.   
 2. The decision on applicati on of the countervailing measures shall cease to be effective on a 
date not later than five years from their applicati on or from the date of the most recent Commission's 
review, if such review covers both subsidizati on and injury, unless the Commission determines that 
the expiry of the term of application of th e countervailing measures would likely to lead to 
continuation or recurrence of subsidization and injury.   
 3. The requirements of the Articles 15 and 16 of  this Act, except the terms provided in these 
Articles, shall extend to the procedure of the review of countervailing measures pursuant to the 
Articles 24 and 25 of this Act.   
 
4. In all anti-subsidizing investig ations performed with regard to  the review of application of 
countervailing measures or reimbursement of a count ervailing duty under provisions of this section, 
the Ministry shall apply same methods, if the circ umstances have not changed, as those applied in 
anti-subsidizing investigation, to the effect of c onsequent impact of which, a countervailing duty has 
been imposed thereon and with the provisions of th e Articles 10, 11, 12 and 29 of this Act taken into 
account.   
 5. The review of countervailing measures shall be carried out as quickly as possible and normally be concluded within tw elve months of the date of initiation of the review.   
 
6. The Ministry shall carry out the review pursuan t to the decisions made by the Commission.   
 7. If during the review of countervailing measur es the Ministry makes affirmative or negative 
decision on the existence of prohibite d subsidization and/or injury, the Ministry shall draw up a report G/ADP/N/1/UKR/1 
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  setting out its proposals and recommendations and subm it it to the Commission.  With regard to a 
provided report the Commission shall make one of the decisions below:    
 (1) to nullify or continue application of the countervailing measures under the provisions of 
the Article 22 of this Act;     (2) nullify, continue or vary applied count ervailing measures pursuant to the Articles 23 
and 24 of this Act.   
 
8. If the decision is made to nullify applica tion of the countervailing measures not to all 
countries but only to the separate exporters, such e xporters shall continue to be subject to anti-
subsidizing investigation in question and may be subj ect to a new investigation, if another review of 
countervailing measures has been initiated pursuan t to the provisions of this section.   
 
9. If, pursuant to the Article 23 of this Act, th e review of countervailing measures is carried out 
at the end of application of the countervailing measur es described in the Article 22 of this Act, such 
measures shall be also reviewed under provisi ons of the Article 22 of this Act.   
 10. A review of the countervailing measures shall not hinder the procedures of customs clearance 
pursuant to the aforementioned products. 
 
Article 22.  Review of countervailing measures pursu ant to expiration date of their application 
 
1. Within the first half of the last year of application of the countervailing measures the Ministry 
shall give a public notice in the newspaper on the date the application of such measures to be 
terminated.    2. The review of application of the counterva iling measures, which are subject to termination 
thereof, shall be initiated on request of the nationa l producer or the government of Ukraine.  The 
countervailing measures shall remain in force pending  the outcome of the Commission's decision.   
 
3. Not later than three months prior to expiration da te of the five year term of application of the 
countervailing measures, the national producer or the government of Ukraine may direct to the 
Ministry a request to review application of the c ountervailing measures because of expiry thereof.   
 
4. The review of application of the counterva iling measures, because of termination thereof, 
shall be initiated, if the request provides sufficient evidence that the expiry of countervailing measures 
would be likely to lead to continuation or recurrence of subsidization and injury.  It shall be justified 
by one (or several) of the below evidences:   
  (1) continuation or recurrence of subsidization and injury;   
 
 (2) complete or partial remedy (safeguard ag ainst) of injury as a consequent impact of 
application of the countervailing measures;     (3) status of the exporters or economic c onditions are likely to lead to new types of 
subsidization and injury.   
 5. In the course of the review of countervailing measures, because of the expiry thereof, the 
exporters, importers, competent authorities and Ukra inian producers shall be given an opportunity to 
supplement, refute or give comments on the re quest to review the countervailing measures and  G/ADP/N/1/UKR/1 
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  determinations of the Ministry, provided that they contain duly substantiated proofs that failure to 
apply such measures would likely l ead to continuation and recurrence of subsidization and injury.   
 
6. The Ministry shall give public notice in th e newspaper on the actual date of termination of 
application the countervailing measures.    
Article 23.  Interim review of the countervailing measures 
 1. The Commission may review the reasons for c ontinuation of application of the countervailing 
measures on the grounds of a substantiated request of  the government of Ukraine, exporter, importer 
or national producer, provided that more than one year  has elapsed from the date of application of the 
definitive countervailing measures.  Such request sh all be directed to the Ministry and contain 
sufficient evidences and reasons for the necessity of an interim review.   
 
2. The interim review shall be initiated if such request contains the sufficient evidences that:   
  (1) continuation of application of the counter vailing measures is reasonable for elimination of 
a prohibited subsidy;    
 (2) continuation and/or recurrence of injury woul d not be likely lead to, if application of the 
countervailing measures be nullified or varied;     (3) the applied countervailing measures are and shall not be sufficient to eliminate a prohibited subsidy and injury.   
 
3. Where the amount of an imposed duty is lower than the amount of a prohibited subsidy, the Commission shall authorize the Ministry to initiate  interim review of the countervailing measures, 
only if the national producer provides the Ministry with sufficient evidences that a countervailing duty would be not likely to lead or would lead to insi gnificant changes in prices of the product imported to 
Ukraine for resale.  If, during the review of app lication of the countervailing measures, it has been 
confirmed that the national producer provided su fficient evidences thereof, the Commission may 
decide to increase the rate of a countervailing duty to remedy (safeguard against) injury, provided that 
increase of the countervailing duty would not exceed the amount of the prohibited subsidy.    4. In the course of an anti-subsidizing investigati on, carried out pursuant to the provisions of this 
Article, the Ministry shall analyze whether:   
  (1) the circumstances of subsidization and injury have been significantly changed;   
  (2) the applied countervailing measures had th e desired effect and whether the injury, earlier 
established pursuant to the provisions of the Artic le 13 of this Act, has been eliminated.   
 
5. In its decision, the Commission shall take in to account all duly substantiated evidences with 
regard to the review in question.    
Article 24.  Accelerated review of the countervailing measures 
 
1. An exporter importing the products to Ukraine, where a definitive countervailing duty is imposed thereon, who has not been separately subject  to primary anti-subsidizing investigation for the 
reasons other than refusal to coopera te with the Ministry, shall have the right to apply to the Ministry 
with the request to initiate the review of the countervailing measur es on an accelerated basis for the G/ADP/N/1/UKR/1 
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  purpose of establishing by the Ministry and Commi ssion the rate of the definitive countervailing duty 
for the exporter in question.    
2. The Ministry shall carry out the review of the countervailing measures on an accelerated 
basis, if at the extraordinary hearings the Commi ssion decides to initiate such review and considers 
the comments presented by the inte rested Ukrainian producers.   
 3. In the course of the review of the count ervailing measures on an accelerated basis the 
Ukrainian producers shall have an opportunity to direct to the Ministry their comments on whether 
such review is reasonable or not.    4. By the decision of the Commission on initiati on of the review of the countervailing measures 
on an accelerated basis the interested exporter, who is  subject to such review shall be exempt from the 
effective countervailing duty and mandatory regist ration of contracts for the products imported to 
Ukraine pursuant to the Article 27 of this Act for the purpose of retroactive imposition of the countervailing duty of the date of in itiation of the review, if it has been proved that the subsidized 
imports existed with regard to  the exporter in question.   
 5. The provisions of this Article shall not apply if the countervailing duty is levied in the sense 
of the paragraph six of the Article 19 of this Act.   
 
Article 25.  Reimbursement a countervailing duty 
 
1. An importer has the right to request a counter vailing duty to be reimbursed, if he provides the 
sufficient evidences and the Commission determines  that the amount of the prohibited subsidy, 
pursuant to which the rate of the countervailing duty is calculated, has been decreased to zero or to the 
level, which is lower than the value of the pre liminary calculated amount of a prohibited subsidy, 
pursuant to which a countervailing duty has been imposed thereon.    2. For the purpose of reimbursement of the paid countervailing duty, an importer shall direct an 
appropriate application to the Customs.  This a pplication shall contain information on customs bodies, 
which carried out customs clearance of the pr oducts, on which the countervailing duty has been 
imposed.  Attached to an application shall be documents confirming imports to Ukraine, customs 
clearance of the products and payment of a counterva iling duty within six months of the date of the 
decision been made by the Commission on imposition of the definitive countervailing duty or of the 
date when the final decision on payment of the amounts, which secure payments of the provisional 
countervailing duty, has been made.     The Customs shall immediately forward to the Mi nistry the originals of such application and 
enclosures and direct their appropriate copies to  the Commission and the Ministry of Finance of 
Ukraine.   
 
3. An application for reimbursement of the pa id amount of the countervailing duty shall be duly 
substantiated, provided that it s ubmits accurate information on the paid amounts of the countervailing 
duty and supported by all customs documents with  regard to settlements and payments of such 
amounts.  An application shall also justify the accur acy in determination of the amount of a prohibited 
subsidy for the exporters and importe rs, who have paid the counterva iling duty within the term laid 
down in the paragraph two of this Article.     If an importer is not related to an exporter or producer of the product in question and there is 
no possibility to use promptly available information laid down in paragraphs two and three of this  G/ADP/N/1/UKR/1 
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  Article, or an exporter or producer refuse to provide such information to an importer, an exporter or 
producer shall provide in their application sufficien t evidences that the amount of a prohibited subsidy 
has been decreased or removed pursuant to the provis ions of this section, and sufficient evidences that 
would confirm such justification.   
 4. On recommendation of the Ministry the Commission shall review the application along with the determinations of the Customs and the Ministry  of Finance of Ukraine and make decision on to 
what extent it should be satisfied or whether to be  satisfied at all.  To this end the Commission may 
decide to initiate the interim review of the count ervailing measures.  Information and determinations 
derived thereof and established pursuant to the app lied regulations shall be used by the Commission 
for the purpose of establishment of justification of the application and the amount of the countervailing duty to be reimbursed.    
5. The decision on reimbursement of the amount  paid in excess to actual fixed value of the 
countervailing duty shall be made by the Commission normally within nine months but not later than 
fifteen months of the date of submission by an importer, which product is s ubject to imposition of the 
countervailing measures, an application for reimbur sement of the paid amount of the countervailing 
duty.  The reimbursement of the above amounts shall be carried out by the Ministry of Finance of Ukraine within 90 days of the date of making appropriate decision by the Commission.   
 
 If the interested importer has not completed ex ecution of documents for reimbursement of the 
paid amount of the countervailing duty within the terms specified in this paragraph, the amount in 
question shall not be reimbursed.    
 
Section VIII.  IMPOSITION OF THE COUNTERVAILING DUTY.  GENERAL AND 
SPECIAL PROVISIONS 
 
1. A countervailing duty imposed within the meani ng of this Act may be extended to the import 
of the like products from the third countries, if the refusal to pay a countervailing duty has been 
established.   
  Any changes in the structure of trade between  Ukraine and other countries that have taken 
place in the course of transactions and/or activiti es of the foreign producers, exporters and/or 
importers, etc., shall be treated as a refusal to pay a countervailing duty.  Such changes shall (with 
exception of cases where the countervailing duty is levi ed) be treated as insufficiently substantiated or 
economically unjustified proving that:    
- imposition of a countervailing duty may be neutra lized by prices and/or volumes of the like 
product;   
 
- the like product imported to Ukraine, and/or a portion of such product continue to enjoy 
benefits out of a prohibited subsidy.   
 2. Where an interested party (applicant or ex ecutive body of the Ukra inian government) assumes 
the existence of a refusal to pay a countervailing duty  it shall provide to the Ministry an application 
setting out sufficient evidences of the fact thereof pur suant to the paragraph one of this Article.   G/ADP/N/1/UKR/1 
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  3. Upon receipt of an application, provided pursu ant to paragraph two of this Article, and on the 
basis of an appropriate decision of the Commission, the Ministry shall carry out an investigation of 
the facts of a refusal to pay a countervailing duty.  In the aforementioned decision the Commission 
shall authorize the Ministry to apply:   
  (1) mandatory registration and filing of the c ontracts pursuant to the paragraph four of the 
Article 27 of this Act, under the provision of which the importation of products to Ukraine is carried 
out;   
 
 (2) deposition by a supplier of an appropriate am ount.  Deposits may be made at the place of 
customs clearance of the imports introduced to co mmerce of Ukraine, which is subject to the anti-
subsidizing investigation.  A procedure of de posits shall be established by the Customs.   
 
 The appropriate procedure and provisions of th is Act shall be applied to performance of an 
anti-subsidizing investigation except those relating to  the time-limits of such investigation.  The 
investigation in question shall be carried out by th e Ministry with participation of the Customs and 
shall be concluded within th e term of nine months.   
 4. If the Ministry has established  the existence of the facts of refusal to pay a countervailing 
duty, the Commission, on recommendation of the Ministry, may decide by simple majority vote to 
apply the countervailing measures.  Such measures shall be applied from the date of making of the 
appropriate decision pursuant to the paragraph three of this Article.    5. Where the imports to Ukraine is carried out under a license of the Ministry certifying that 
such imports do not lead to refusal to pay a c ountervailing duty, no countervailing measures shall be 
applied thereto, nor to the contracts, under which such importation is carried out, shall be applied a 
mandatory registration pursuant to paragraph four of  the Article 27 of this Act.  The license shall be 
issued by the Ministry to an importer on his a pplication and under the appropriate decision made by 
the Commission. Such license shall be issued fo r the certain period of time and under conditions 
illustrated above.   
 
6. The measures applied within the meaning of this Article shall not hinder the procedure of 
customs clearance of the product, which is s ubject to the anti-subsidizing investigation. 
 
Article 27.  Countervailing duty.  General provisions 
 
1. A preliminary or definitive countervailing duty sh all be levied at the rate and under the terms 
established in the appropriate decision of the Commission on application of the countervailing 
measures.  A duty in question shall be levied on the certain imports introduced to commerce of 
Ukraine, irrespective of payment of other taxes or charges (mandatory payments) including duties, 
customs duties, etc.   
 
 The countervailing and anti-dumping duties shall not be simultaneously levied on the imports 
of a single supplier.    2. The Ministry shall give a public notice in the newspaper on the appr opriate decisions to 
impose the provisional or countervailing measures, on acceptance of an exporter's undertakings to 
terminate the subsidized imports or on terminat ion of the anti-subsidizing procedure or anti-
subsidizing investigation without application of the countervailing measures.  For the purpose of 
adherence to the requirements for the protection of  confidential information, such decision shall 
identify the names of the exporters if practicable , the names of the countries, a description of the  G/ADP/N/1/UKR/1 
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  product pursuant to the Harmonized system of inventory and codification of the product (with the 
specificity of application of such system in Uk raine accounted), a summary of the facts and basic 
determinations of the existence of the prohibited su bsidization and injury.  A copy of such decision 
shall be provided to all interested parties.   
  Provisions of this Article shall be also applie d to the review of the countervailing measures.   
 3. For the purpose of protection of the national interests, the application of the countervailing 
measures pursuant to this Act, may be suspended by  a decision of the Commission made by a simple 
majority vote for the period of nine months.  This term may be extended to one year, if the appropriate 
decision is made by a qualified majority vote.  The application of the countervailing measures may be 
suspended pursuant to existence of the following conditions:    
 (1) economic conditions temporarily vary so, that the suspension of application of the 
countervailing measures would likely lead to no recurrence of the injury;   
  (2) the national producer has been given an opportunity to submit his comments pursuant to the suspension of application of the countervailing measures;   
 
 (3) the comments presented by a national producer  have been reviewed by the Commission.   
  The effect of the countervailing measures may be recurred by the decision of the 
Commission, provided that their suspension has been unjustified.  To this end the interested party 
shall have the right to provide the Ministry with appropriate comments to be accounted therein.  The 
appropriate decision thereon shall be made by th e Commission on recommendation of the Ministry.   
 4. The appropriate decision pursuant to applicati on of registration of contracts, under provisions 
of which the imports is introduced to commerce of Ukraine, including mandatory registration of the 
products pursuant to the provisions of this Act, sh all be made on recommendation of the Ministry at 
the extraordinary hearings of th e Commission.  The Ministry shall give such recommendation, if the 
substantiated application (claim) of  the interested party, central body of the executive authority of 
Ukraine or the national producer has been submitted thereto.   
  Upon acceptance of the application (claim) the Mini stry shall review, within five days of the 
date of acceptance, all information and evidences contained therein for the purpose to determine 
whether such information and evidences have b een sufficient for the Commission to make the 
appropriate decision.  If the Ministry establis hes that provided information and evidences are 
sufficient and substantiated, the Commission at its  hearings, on recommendation of the Ministry, may 
decide to apply registration of contracts, under pr ovisions of which the imports is introduced into 
commerce of Ukraine, including their mandatory registration pursuant to the provisions of this Act.    
 Pursuant to the decision on application of such registration and after the decision in question 
comes in force, the countervailing measures shall be applied to the imports introduced to commerce of 
Ukraine under contracts registered in the Ministry.     The decision on registration of the contracts,  under which the imports is introduced into 
commerce of Ukraine, shall identify an appropriate  object of registration and if practicable, the 
approximate rate of a countervailing duty calcula ted for the purpose of possible imposition of such 
duty in the future.  A duty value of the product sha ll be calculated pursuant to the basic conditions of 
the delivery CIF-the boarder of Ukraine.    G/ADP/N/1/UKR/1 
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   The term of application of mandatory registra tion of the contracts, under which the imports is 
introduced into commerce of Ukraine,  shall not exceed nine months of the date of application.   
 
 The importation of the products to the customs territory of Ukraine under the contracts to be 
registered, shall be effected, if the license for th e imports, issued by the Ministry and documents 
confirming transference of the appropriate sum of money on deposit, have been produced.  The 
money can be placed on deposit at the place of custom s clearance of the product imported to Ukraine 
under the contracts registered pursu ant to the established procedure th erein.  In some cases payment 
of the countervailing duty by an importer may be executed in bonds.   
 5. If the import, which is subject to applica tion of the countervailing measures, is introduced 
into commerce of Ukraine for the use of the Ministry  of Defence of Ukraine, such imports shall be 
released from a countervailing duty, provided that the Commission has made an appropriate decision 
thereon and where the importation is effected under the contracts registered pursuant to the 
paragraph four of this Article.    6. Once in a quarter of a month the Customs shall inform the Ministry and the Commission on 
the volume of the imports under anti-subsidizing in vestigation or where the countervailing measures 
are applied thereto, and on the amount of a count ervailing duty levied pursuant to the appropriate 
decision of the Commission.   
 
Article 28.  Verification of information in other territories 
 
1. If required, the Ministry may carry out verification of information in the territory other than 
Ukraine for the purpose of:   
  (1) examination of book-keeping records of the importers, exporters, producers and 
corporations (associations), trade organization, physical entities, etc.;     (2) analysis of accuracy of the information of the existence of subsidization and injury, 
provided in the course of the investigation.   
 2. If required, the Ministry may carry out verifi cations or investigations in other countries 
provided that:    
 (1) the interested party so agrees;   
  (2) the appropriate competent authorities has been notified by the Ministry;   
  (3) the interested parties or the appropriate competent authorities, so notified, do not object 
thereto.   
 
 If the interested party so agreed, the Minist ry shall notify the competent authorities of the 
name and address of an enterprise to be inv estigated and proposed terms thereof.   
  If the interested party does not so agree, the investigation may be not carried out pursuant to 
the proposed terms.  To this end the appropria te provisions of the Article 30 shall apply.    G/ADP/N/1/UKR/1 
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  3. The interested parties shall be notified of the list of documents to be verified and other 
information to be provided in the course of investiga tion.  The Ministry shall have the right to require, 
in the course of investigation, a provision of more detailed information from the interested party if the 
necessity arises.   
 4. In the course of the investigation and verifi cation of the available information, the Ministry 
may apply to the members of the Commission fo r providing the assistance in this respect.   
 Article 29.  Selective methods of anti-subsidizing investigation 
 
1. Where the number of the applicants, exporte rs or importers (hereinafter referred as the 
parties), nature of products or respective transactions  is too great, the Ministry may be confined to:   
 
 (1) moderate number of the parties, natu re of product or transactions making use of 
statistically justified selection pursua nt to available information;   
  (2) the greater volumes of production, sale or e xports that may be investigated within the 
terms specified by this Act or established by the Commission if required.    
2. A definitive selection of the parties, nature of  products or transactions for making use of the 
selective methods of an anti-subsidizing investig ation shall be made by the Ministry.  After 
consultations held with the interested parties, or wh ere the latter so agreed, the priority shall be given 
to an appropriate selection thereof, provide d that the interested parties has:   
 
 (1) informed the Ministry on their interest th erein pursuant to the paragraph fourteen of the 
Article 15 of this Act;     (2) for the purpose of making an appropriate  selection, provided the accurate and adequate 
information to the Ministry within three weeks of  the date of the initiation of the anti-subsidizing 
investigation.   
 
3. If the Ministry is making use of the selectiv e methods in the anti-subsidizing investigation 
within the meaning of this Article, the individual amount, that equals to the amount of the prohibited 
subsidy, shall be calculated for the exporter or pr oducer, which has not been selected before, and the 
appropriate information shall be provided within th e time-limits laid down in this Act, except in cases, 
where the number of the exporters or producers is so  significant that any verification of those values 
for a separate exporter or producer would highly complicate the performance of an anti-subsidizing 
investigation, hinder the procedure of terminati on of the investigation in question and making 
appropriate decision on the applicati on of the countervailing measures.   
 4. Where the Ministry has decided to apply of a selective method in an anti-subsidizing 
investigation and all selected parties or some of th em refuse to cooperate with the Ministry, which 
sufficiently affects the results of an anti-subsidiz ing investigation, the Ministry may use another 
selection.  Where the interested party refuses to cooperate with the Ministry and there is no enough 
time to make use of another selection, the appropria te provisions of the Article 30 of this Act shall 
apply.   G/ADP/N/1/UKR/1 
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  Article 30.  Refusal to cooperate with the Ministry 
 
1. In cases, where any interested party refuses access to, or otherwise does not provide needed 
information within the time-limits laid down in this  Act, or significantly impedes the investigation, 
the preliminary and final, whether affirmative or negative, determinat ions of the immediate 
application of the countervailing measures may be made by the Ministry on the basis of the facts available.  If during the anti-subsidizing investiga tion the Ministry establishes that any interested 
party has provided inaccurate or errone ous information the Ministry may:   
 
 (1) ignore such information;     (2) notify the interested parties of the consequen ces of refusal to cooperate with the Ministry.   
 
2. The absence of a response from a supplier of  the information in question shall not be 
considered as refusal to cooperate with the Ministry , if the interested party could justify that such 
responses in the forms established by the Ministry woul d be likely lead to extra incidental and excess 
expenses.    3. If the information provided by the interested pa rty is incomplete, the Ministry shall take it 
into account provided that:   
  (1) such incompleteness does not  hinder the adequate determinations to be made by the 
Ministry;    
 (2) such information has been provided to the Mi nistry within the appropriate time-limits;   
  (3) such information is acceptable for verification;     (4) the interested parties that provided such information have been acting conscientiously and 
within their capabilities.   
 
4. If the Ministry ignores provided evidences or information, the interested party shall be 
immediately notified of the reasons of non-acceptance of such information an d given an opportunity 
to provide additional comments within the specified  time-limits.  Where such comments have been 
treated as insufficient, the reasons for non-acceptanc e of the aforementioned evidences or information 
shall be directed to an appropriate interested part y and described in determinations to be published in 
the newspaper.    5. Where determinations, including those relate d to a prohibited subsidy, have been made 
pursuant to the paragraph one of this Article, espec ially those made on the basis of the information 
provided in the respective application, the inform ation in question shall be verified within the 
established time-limits of an anti-subsidizing inves tigation, if practicable, making use, during the 
course of the investigation, of th e information provided to the Minist ry by other available independent 
sources and/or other interested parties relating to:     (1) published list of prices;   
 
 (2) statistical reports and customs statistical accounting maintained by the government of the 
respective country.     G/ADP/N/1/UKR/1 
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  6. If the interested party refuses to cooperate with  the Ministry completely or partially and the 
relevant information pursuant to an ti-subsidizing information is not provided thereto, the results of 
such investigation may be less favourable wh ere the party does not refuse to do so.   
 
Article 31.  Confidentiality 
 
1. Any information which is by nature confiden tial (for example, because its disclosure would 
be of significant competitive advantage to a competitor or because its disclosure would have a 
significantly adverse effect upon a party supplying the information or upon a party from whom the 
supplier acquired the information, etc.), or which is  provided on a confidential basis by parties to an 
anti-subsidizing investigation shall, upon good cau se shown, be treated as such by the Ministry.   
 2. The Ministry shall require interested par ties providing confidential information to furnish 
non-confidential summaries thereof.  These summari es shall be in sufficient detail to permit a 
reasonable understanding of the substance of the inform ation submitted in confidence.  In exceptional 
circumstances the interested parties may indicate that  such information is not susceptible of summary.  
In such exceptional circumstances, a statement of the reasons why summarization is not possible must 
be provided.    
3. If the Ministry or interested party find that a request for confidentiality is not warranted and if 
the supplier of the information is either unwilling to  make the information public or to authorize its 
disclosure in generalized or summary form, the Mi nistry or interested party may disregard such 
information unless it can be demonstrated to thei r satisfaction from appropriate sources that the 
information is correct.   
 
4. The provisions of this Article do not impede the Ministry or Commission to disclose general information, for example legal justification of the de cisions made pursuant to this Act, or to disclose 
evidences pursuant to which the Ministry or the Commission made the appropriate decisions.  Where 
such information is disclosed the lawful interests of  the interested parties, pursuant to non-disclosure 
of their confidential and/or states secret, shall be taken into account.   
 
5. The Ministry, Commission or their respectiv e officers must not disclose the information 
obtained pursuant to the provisions of this Ac t without permission given by a person, who has 
supplied such information, if such person insists on a confidentiality of the information in question.  
The information exchanged between the Ministry an d Commission, information on the hearings of the 
Commission or official documents of the Minist ry or Commission relating to an anti-subsidizing 
investigation must not be disclosed except in cases illustrated in the provisions of this Act.   
 6. The information, obtained pursuant to the provi sions of this Act, shall be used only for the 
purpose it has been provided for.    
7. The right to have access to the confidential information, which pursuant to the provisions of 
this Act is supplied by the interested party or by  the Ministry in the course of the anti-subsidizing 
procedure or investigation, shall have the citizens of  Ukraine i.e. the legal advisers or attorneys acting 
on behalf of the interested party.    
 The Ministry shall keep records of the phys ical persons, who have access to the confidential 
information and reject the access to the confidentia l information if establishes that the person has 
disclosed the confidential information w ithin the meaning of this Act.   
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  Article 32.  Final provisions 
 
1. The interested parties shall have the right to submit a request for the information to be 
provided pursuant to the facts and determina tions, according to which the provisional and 
countervailing measures have been applied.  Wher e the countervailing measures have been applied, 
the written request to provide such information shal l be served on the Ministry.  The Ministry shall 
give written answer as quickly as possible.    
2. The interested parties may submit a request for providing them with the final information 
pursuant to the facts and determinations, accordi ng to which the Ministry has recommended to apply 
the definitive countervailing measures, suspend or te rminate the anti-subsidizing investigation without 
application of the countervailing measures.  To this end the Ministry shall pay special attention to the 
information, facts and determinations, which differ from those information, facts and determinations, 
pursuant to which the decision on application of the provisional measures has been made.   
 3. A request for the final inform ation, illustrated in the paragra ph two of this Article, shall be 
served on the Ministry in writing.  In cases, where the provisional countervailing measures have been applied, such requests shall be served on the Minist ry and other interested parties not later than one 
month of the date of a public notice on the decisi on to apply the countervailing measures.  Where the 
provisional measures have not been applied, the inte rested parties shall have an opportunity to submit 
a request for providing them with the final informati on within time-limits specified by the Ministry.   
 4. The Ministry shall provide the final inform ation in writing.  The information with the 
accounted requirements to protection of the confiden tiality shall be normally delivered not later than 
one month prior to the date of making the fina l decision by the Commission or to the date of 
submission by an interested party its final proposition w ithin the meaning of the Article 19 of this Act.  
If the Ministry and/or Commission fail to provide  the information, facts or determinations 
immediately, those information, facts or determinati ons shall be provided to the interested party later 
as quickly as possible.  Delivery of the information shall not impede to making further decisions by 
the Ministry or Commission.  Where such decision is  based on the facts and determinations other than 
those provided in the preliminary information, such  information, pursuant to existence of new facts 
and determinations, shall be directed to the interested parties as quickly as possible.   
 5. Any comments of the interested parties, bei ng supplied after the final information has been 
provided, shall be accounted if received by the Mini stry within the terms specified for each separate 
case but not exceeding ten days.   
 6. The information, documents and comments to be provided to the Ministry by one of the 
interested parties in the course of the investigati on carried out in accordance with the provisions of 
this Act, shall be also supplied to other interested  parties.  Where such information, documents and 
comments are supplied only to the Ministry and not  supplied to other interested parties, such 
information, documents and comments must not be  accounted in the course of investigation.   
 
Article 33.  Notification of the compet ent authorities of the interested country 
 
1. The Ministry of Foreign Affairs of Ukraine sh all notify the competent authorities, interested 
parties of all decisions of the Commission on the in vestigations carried out pursuant to the provisions 
of this Act.    G/ADP/N/1/UKR/1 
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  2. A note of initiation of an anti-subsidizing investigations served on the competent authorities 
of an interested party shall have an ad equate information on the following:   
 
 (1) the name of the country (countries) of orig in and/or exports and products involved;   
  (2) the date of initiation of an anti-subsidizing investigation;   
  (3) a description of the subsidy practice or practices to be investigated;   
 
 (4) a summary of the factors, on which the allegation of injury is based;   
  (5) the address, to which the comments of the interested parties should be directed;   
 
 (6) the time-limits established in the appropria te decision of the Commission, which allow 
interested parties to direct their comments.    3. Pursuant to the paragraph one of this Article, the Ministry of Foreign Affairs of Ukraine shall 
notify the competent authorities of the interested country of:    
 (1) affirmative or negative preliminary or final determination of the existence of an actionable 
subsidy and injury;     (2) a decision to accept an undertaking of an e xporter pursuant to Article 18 of this Act to 
terminate imports subsidization;   
 
 (3) the termination of such undertaking or nullification of the definitive countervailing duty.     A detailed report shall be attached to each such note or a note shall have the detailed 
determinations of the Commission.    
4. The provisions of this Article, along with th e appropriate amendments thereof, shall be 
applied to initiation and termination of the review s carried out pursuant to the Articles from 21 to 25 
of this Act, and to the decisions on recurrence of imposition of the countervailing duty pursuant to the 
Article 20 of this Act.    Article 34.  Correction of errors made by the performers 
 
1. The errors made by the perfo rmers in mathematical, typing, copying, duplicating or the like 
operations or other unpremeditated tec hnical errors, the Ministry refers to the mistakes made by the 
performers, shall be corrected.    
2. Where the interested party makes the applica tion on allegedly made error, the Ministry may 
direct to the interested parties the calculations, on the basis of which the final decision on imposition 
of the countervailing duty or review of th e countervailing measures shall be made.   
 3. The written application, pursuant  to the paragraph two of this Ar ticle, shall be directed by the 
interested party to the Ministry within five work ing days of the date of delivery the appropriate 
information to the interested party pursuant to th e provisions of the Article 32 of this Act.  The 
interested party may direct to the Ministry its co mments setting out newly found errors that have been 
made by the performers.    G/ADP/N/1/UKR/1 
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  4. The comments, laid down in the paragraph three of this Article, shall be  submitted within five 
working days of the date of delivery of the calcula tions, if the Ministry would not extend this term 
pursuant to the written application thereof to be su bmitted within five working days of the date of 
delivery of the calculations justifying reas ons for the time-limit to be extended.   
  Such comments shall be submitted to the Ministry and to all interested parties in writing.  The interested parties may give response to the comme nts submitted pursuant to the provisions of this 
Article.  The response shall be filed by the Ministry within five working days of the expiry date of 
submission of such comments, if the Ministry woul d not extend the time-limits on the basis of the 
written application made by the interested party, which should be submitted w ithin five working days 
of the date of delivery of the relevant calculations ju stifying reasons for the time-limit to be extended.   
 5. The Ministry shall analyze and verify the comments submitted pursuant to the provisions of 
this Article and, if required, correct errors made  by the performers, make amendments in the draft 
final resolution on imposition of the countervailing dut y or the draft resolution on the review of the 
countervailing measures.  The Ministry shall notify the interested parties of introduction of such 
amendments.  The introduction of amendments, pur suant to correction of errors made by the 
performers, shall not be treated as amending draft resolution of the Ministry or the Commission on payment of the countervailing duty or the review of the countervailing measures.   
 
Article 35.  Factors of the national interest 
 
1.  The determination, whether the national interests require imposition of the countervailing 
measures, shall be based on the estimation of all interests including the interests of the national 
producers and consumers, effect of the subsidi zed imports on employment of the population, 
investments of the national producers and consumers,  international economic interests of Ukraine.  
Such determination shall be made, pursuant to th e provisions of this Article, provided that all 
interested parties have been given an opportunity to express their views pursuant to the paragraph two 
of this Article.  To this end especial attention shall be paid to elimination of the effects of 
disproportion in the trade turnover caused by th e prohibited subsidization, which cases injury and 
promotes recurrence of competition.   
  The countervailing measures, illustrated pursuant to the facts of subsidization and injury 
established in the course of the anti-subsidizing in vestigation, may not apply, where the Commission, 
taking into account all provided information, on recommendation of the Ministry, makes accurate 
determination that application of the countervailing measures contradicts to the national interests.   
 2. The applicants, importers, their corporations (associations), consumers and their organizations 
may express their views within the time-limits specified in the notice on initiation of an anti-
subsidizing investigation, and submit to the Minist ry the comments as to whether application of the 
countervailing measures answers the national interests to be accounted in the appropriate decision of 
the Commission.   
  The Ministry may direct such information or  an appropriate summary to other interested 
parties described in the provisions of this Article , who may submit their comments in this respect.   
 
3. The interested parties may require the hearings to be summoned by the Ministry.  Such 
requirements shall be satisfied, if provided to the Mi nistry in writing within the time-limits established 
in the notice on initiation of the anti-subsidizing inv estigation, or, if from the point of view of the 
national interests, they have any specific reasons  for holding the hearings at the Ministry.   
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  4. The interested parties may submit to the Ministry their comments pursuant to the 
Commission's decision on imposition of the provis ional countervailing duty.  The Ministry may 
account such comments, if submitted to the Ministry within one month of the date of application of 
the provisional measures and may, if required, direct them in a form of an appropriate summary to 
other interested parties that may also submit their comments thereon.    5. The Ministry shall examine the information pr ovided by the interested party pursuant to the 
paragraph two of this Article and determine as to wh at extent such information is representative.  The 
results of such examination and the appropriate deci sion on justification thereof shall be submitted to 
the Commission.  The summary of determinations  of the Commission's me mbers, which has been 
reviewed at the hearings of the Commission, shall be accounted by the Ministry in its 
recommendations to be submitted to the Commission pursuant to the provisions of the Article 19 of this Act.   
 
6. The interested parties may require to be pr ovided with the facts and determinations, pursuant 
to which the final decisions of the Commission ha ve been made.  The Ministry may provide such 
information, if it would not later impede the Ministry or Commission to making the appropriate decisions.    
7. The information submitted, pursuant to the pr ovisions of this Article shall, be accounted, 
provided that it has been substantiated by th e evidences justifying its impeccability under the 
requirements of this Act.    
Article 36.  Specificity of application of th e countervailing measures to the imports of the 
developing countries  
1. Any countervailing measures shall not be app lied to the imports of the developing countries – 
members of WTO provided that:     (1) such imports enjoys the benefit derived from an actionable subsidy, which in law or in fact 
affects the results of exporting transactions including  those laid down in the Annex 1 to this Act;   
  (2) the above countries are the least develope d countries – Members of WTO, where GNP per 
capita per year amounts to $1000.    
2. The list of the countries described in paragra ph one is illustrated in the Annexes 5 and 6 to 
this Act.    3. The amendments to the list of the countries,  illustrated in the Annexes 5 and 6 to this Act, 
may be introduced twice a year on recommendation of the Ministry and pursuant to the information of 
the Organization of the United Nations and the World Bank.   
 
Article 37.  Enactment of the Commission, Ministry and Customs 
 
 The Commission, Ministry and Customs may, pursuant to carrying out the investigation under the provisions of this Act and within their compet ence, adopt the appropriate enactment.  Such acts 
shall come in force within the time-limits establishe d therein, if not otherwise provided by the Act, 
but not prior to the date of the their publishing in  the newspaper or otherwise giving public notice to 
the interested parties and shall be mandatory for execution.    G/ADP/N/1/UKR/1 
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   The Commission shall provide explanation and in terpretation for the provisions of this law to 
apply.    Article 38.  Procedure of enactment 
 
1. This law shall be in effect as of 30 days from the date of publishing.    2. The provisions of the sub-paragraph 2 of paragr aph four of the Article 2, paragraph six of the 
Article 15, sentence three of paragraph ten of the Article 15, sentence two of  paragraph four and sub-
paragraph 2 of paragraph fi ve of the Article 19 of this Act shal l be applied of the date of Ukraine 
joining GATT and WTO under established order.    3. The sub-paragraph 2 of paragra ph five of the Article 19 of this Act shall cease to be effective 
ten years after the Agreement 1994 on the World or ganization of trade has come into force.   
 4. The sub-paragraphs from 1 to 3 of paragraph fi ve of the Article 19 of this Act shall not apply 
to the civil aircraft under the provisions of the Agr eement 1979 on civil aircraft trade (BISD 26S/162).   
 5. The sentences two and three of paragraph thr ee and the sentence two of paragraph five of the 
Article 17, the Articles 32 and 34 of this Act shall not  apply to the interested parties and/or competent 
authorities of the exporting countries unless the comp etent authorities of such countries, which are 
involved in the anti-subsidizing investigation pursu ant to the Ukrainian imports, would grant similar 
rights to the Ukrainian interested parties illustrate d in the Articles 17, 32 and 34 of this Act.   
 
6. The laws and other standard and legal enactment  of Ukraine shall apply if not in conflict with 
the provisions of this law.     
President of Ukraine      L. KUCHMA 
Kyiv 22 December 1998 
No. 331-XIV  
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  ANNEX
 1 
To the Law of Ukraine "On Protection of Na tional Industry Against Subsidized Imports" 
of 22 December 1998 
No. 331 - XIV 
  
1. Interpretation of the terms and expression s laid down in the Annexes to the Law of 
Ukraine "On Protection of National Industry Against Subsidized Imports".   
 
 For the purpose of the Annexes to the Law of  Ukraine "On Protection of National Industry 
Against Subsidized Imports":     (1) direct taxes shall mean taxes on wages, profits , real estate, interests, rents, royalties, loans 
and all other forms of income, and taxes on the ownership of real property;   
  (2) import charges shall mean mandatory charg es, tariffs, duties, customs duties, and other 
fiscal taxes and charges that are levied on imports";     (3) indirect taxes shall mean sales, turnove r, value added, franchise, transfer, estate, 
ownership transfer, input and equipment taxes, ex clusive right and privilege, and excise, stamp, 
boarder taxes and all other taxes other than direct taxes and import charges;     (4) prior stage indirect taxes are those levied on goods and services used directly or indirectly 
in making the product;   
 
 (5) cumulative indirect taxes are multi-staged taxes levied where there is no mechanism for 
subsequent crediting of the tax if the goods or services subject to tax at one stage of production are 
used in a succeeding stage of production;     (6) exemption of an exporter from taxes by th e government shall mean the full or partial 
exemption or deferral of import charges;   
  (7) remission shall mean the full or partial refund or rebate of taxes on import or freight traffic 
refunded by the government to en exporter under investigation;    
 (8) stamp tax shall normally mean a duty of exporting country;   
  (9) transfer shall mean payments (or transfer of the property, works or services) for which the 
payer does not directly receive goods, works or service;     10) national shall mean relation to the exporting country;   
 
 (11) commercially acceptable conditions shall mean freedom of choice between national and 
imported product where this choice is actually fr ee and depend only on trade criteria, for example 
demand and offer in the national market;    
 (12) inputs used in production shall be treated  as those physically incorporated and present in 
the product exported, i.e. energy, fuel and oil u sed in the process of production including catalysts 
consumed thereof to make such product;    G/ADP/N/1/UKR/1 
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   (13) waste shall mean a portion of a given i nput which does not serve an independent function 
in the production process, is not consumed in the production of the exporting product (for reasons 
such as inefficiencies), and is not recovered,  used nor sold by the same manufacturer;   
 
 (14) basic period shall mean the fixed period of time within which the received information is treated as representative and basic for estimation of  the measures of national support of the producers 
of the farm products pursuant to the Annex 4.  For the countries members of GATT/WTO the basic 
period shall be established pursuant to interna tional and legal enactment of GATT/WTO;   
 
 (15) raw materials shall mean the products of agriculture, forestry or fishery, or natural raw 
materials or those processed to be sold on international markets in large amounts.    
 
2. Illustrative list of export subsidies 
 
 Export subsidies may be granted as follows:    1. The provision by governments of direct subsidies to an enterprise or an industry contingent upon export performance.    
2. Currency retention schemes or any similar practices which involve a bonus on exports.   
 3. Internal transport and freight charges on export shipments, provided or mandated by 
governments, on terms more favourable than for domestic shipments.    
4. The provision by governments either direc tly or indirectly through government-mandated 
schemes, of imported or domestic  products (services) for use in the production of exported goods, on 
terms or conditions more favourable than for pr ovision of like or directly competitive products 
(services) for use in the production of goods for dom estic consumption, if (in the case of products) 
such terms or conditions are more favourable than  those commercially available on world markets to 
their exporters.   
 
5. The full or partial exemption, remission, or deferral specifically related to exports, of direct 
taxes or social welfare charges paid or payable by the exporters, importers or producers upon export 
operations.  The deferral of charges may not deemed to be a subsidy where interest is paid on such 
payments.   
 
6. The allowance of special deductions directly related to exports or export performances, over 
and above those granted in respect to production fo r domestic consumption, in the calculation of the 
base on which direct taxes are charged.    7. The exemption or remission in respect of the production and distribution of exported 
products, of indirect taxes in excess of those levied  in respect of the production and distribution of 
like products when sold for domestic consumption.    8. The exemption, remission or deferral of pr ior stage cumulative indirect taxes on property 
(goods) and services used in the production of e xported products in excess of the exemption, 
remission or deferral of like prior stage cumula tive indirect taxes on property (goods) and services 
used in the production of like when sold for domestic consumption.     G/ADP/N/1/UKR/1 
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   The exemption, remission or deferral of prior stage cumulative indirect taxes shall not be 
treated as a subsidy provided that such exemption, remission or deferral have been levied on exported 
products where:   
 
 (1) such products are not the like products produced and distributed to be sold for domestic consumption;     (2) the prior stage cumulative indirect taxes ar e levied on inputs that are consumed in the 
production of the exported products (incl uding normal allowance for waste).   
  The provisions of this subparagraph shall apply pu rsuant to the provisions of the Annex 2.   
  The provisions of this subparagraph shall not apply to added value and boarder taxes that 
substitute the provisions in question.   
 9. The remission or drawback of import charges in excess of those levied on imported inputs 
that are consumed in the production of the exporte d product (making normal allowance for waste);  
provided that imported inputs are consumed in th e production of the product when sold for domestic 
consumption.   
 
 In particular cases the national producer may use a quantity of home market inputs equal to, 
and having the same quality and characteristics as, the imported inputs as a substitute for them in 
order to benefit from this provision if the impor t and the corresponding export operations both occur 
within a reasonable time period, not to exceed two years.   
 
 The provisions of this subparagraph shall apply pursuant to the Annexes 2 and 3.    10. The provision by governments (or special in stitutions or organi zations controlled by 
governments) of export credit guarantee or in surance programmes, insurance or guarantee 
programmes against increase in the cost of exported products or of exchange risk programmes, at 
premium rates which are inadequate to cover the long-term operating costs and losses of the 
programmes.    11. The grant by governments (or special instituti ons or organizations c ontrolled by an/or acting 
under the authority of governments) of export credits at rates below those which they actually have to 
pay for the funds so employed (or would have to pay if they borrowed on international capital markets 
in order to obtain funds of the same maturity and other credit terms and denominated in the same 
currency as the export credit), or the payment by them of all or part of the costs incurred by exporters or financial institutions in obtaining credits, in so fa r as they are used to secure a material advantage in 
the field of export credit terms.    
 If a Member of WTO is a party to an international undertaking on official export credits to 
which at least twelve original members of WTO as of 1 January 1979 (or a successor undertaking 
which has been adopted by those or iginal members), or if in practi ce a member applies the interest 
rates provisions of the relevant undertaking, an ex port credit practice which is in conformity with 
those provisions shall not be considered an export subsidy.   
 
12. Any other charges on the public account constitu ting an export subsidy in the sense of the 
Annex 7.   G/ADP/N/1/UKR/1 
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  3. Application of provisions of this Annex 
 
 The provisions of this Annex shall apply pur suant to generally recognized principles and 
norms of the international commercial Act in th e sense of agreements and documents of the 
GATT/ WTO.     G/ADP/N/1/UKR/1 
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  ANNEX
 2 
to the Law of Ukraine "On Protection of Na tional Industry Against Subsidized Imports" 
of 22 December 1998, No. 331-XIV 
 
 
Guidelines on consumption of inputs in the production process.   
 
1. Indirect tax rebate schemes can allow for exem ption, of prior stage cumulative indirect taxes 
levied on inputs that are consumed in the pr oduction of the exported product (making normal 
allowance for waste).  Similarly, drawback sch emes can allow for the remission or drawback of 
import charges levied on inputs that are consumed  in the production of the exported product (making 
normal allowance for waste).    
2. Indirect rebate schemes can constitute pursuan t to paragraph eight of the Section II of the 
Annex 1 an export subsidy to the extent that th ey result in exemption of prior stage cumulative 
indirect taxes in excess of the amount of such taxes actually levied on inputs that are consumed in the 
production of the exported product.     Drawback schemes can constitute an export subsidy to the extent that they result in remission 
of drawback of import charges in excess of those actually levied on inputs that are consumed in the 
production of the exported product.     Both paragraphs eight and nine of the S ection II of the Annex 1 stipulate that normal 
allowance for waste must be made in findings rega rding consumption of inputs in the production of 
the exported product.  Paragraph nine of the Sec tion II of the Annex 1 also provides for substitution 
where appropriate.    3. In examining whether inputs are consumed  in the production of the exported product, the 
Ministry should proceed on the following basis:     
 (1) where it is alleged that an indirect tax rebate scheme, or a drawback scheme, conveys a 
subsidy by reason of over-rebate or excess drawback  of indirect taxes or import charges on inputs 
consumed in the production of the exported produ ct, the investigating authorities should first 
determine whether the government of the exporting country has in place and applies a system or procedure to confirm which inputs are consumed in the production of the exported product and in 
what amount;   
  (2) where such a system or procedure is determ ined to be applied, the Ministry should then 
examine the system or procedure to see whether it is reasonable, effective for the purpose intended, 
and based on generally accepted commercial pr actice in the country of export;   
 
 (3) the Ministry may deem it necessary to car ry out, in accordance with the Article 28 of the 
Act of Ukraine "On safeguards of the national indust ry against subsidized imports", certain practical 
tests in order to verify information or to satisfy  themselves that the procedure is being effectively 
applied;   G/ADP/N/1/UKR/1 
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   (4) where there is no such system or procedure,  or where it is not reasonable, or where it is 
instituted and considered reasonable but is found not to be applied e ffectively, a further examination 
by the exporting country based on the actual inputs involved would need to be carried out in the 
context of determining whether an excess payment occurred.  If the Ministry deemed it necessary, a 
further examination would be carried out in accord ance with sub-paragraphs from 1 to 3 of this 
paragraph;     (5) the Ministry should treat inputs as physically  incorporated if such inputs are used in the 
production process and are physically present in the product exported.  An input need not to be 
present in the final product in the same form in which it entered the production process;   
  (6) in determining the amount of a practical i nput that is consumed in the production process 
of the exported product, a "normal allowance for w aste" should be taken into account.  Such waste 
should be treated as consumed in th e production of the exported product;   
  (7) the Ministry's determination of whether the claimed allowance for waste is "normal" 
should normally take into account the production pro cess, the average experience of the industry in 
the country of export, and other technical factors, as appropriate.    
 The Ministry should bear in mind that an important question is whether the authorities in the 
exporting country have reasonably cal culated the amount of waste, when such an amount is intended 
to be included in the tax or duty rebate or remission.    4. The provisions of this Annex shall apply pursuant to the principles and norms of the 
international commercial act within the meaning of the Agreements and documents GATT/WTO.   
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  ANNEX
 3 
to the law of Ukraine "On Protection of Na tional Industry Against Subsidized Imports" 
of 22 December 1998, No. 331-XIV 
 
 
Guidelines in the determination of substitution dr awback system of import charges on inputs as 
export subsidy 
 1. Drawback systems can allow for the refund or  drawback of import charges on inputs which 
are consumed in the production process of another product and where the expor t of this latter product 
contains domestic inputs having the same quality and characteristics as those substituted or imported.  
Pursuant to paragraph nine of the Section II of th e Annex 1 such drawback systems can constitute an 
export subsidy to the extent that they result in an excess drawback of the import charges levied 
initially on the imported inputs which drawback is  being claimed by an appropriate object of 
economic and trade relations of the exporting coun try against the competitive authorities of the 
country in question.     Pursuant to this Annex imported inputs  shall be those of foreign origin.   
 
2. In examining any substitution drawback sy stem in the course of the anti-subsidizing 
investigation the Ministry should proceed on the following basis:     (1) paragraph nine of the Section II of the A nnex 1 stipulates that the home market inputs may 
be substituted for imported inputs in the production of a product for export provided such inputs are 
equal in quantity to, and have the same quality and characteristics as, the imported input being 
substituted;     (2) the existence of a verification system and procedure of drawback of the import charges on inputs in the exporting countries is very important.  Such system and procedure enables the government of the exporting country to ensure and de monstrate that the quantity of inputs for which 
drawback is claimed does not exceed the quantity of similar products exported, in whatever form, and 
that there is not drawback of import charges in excess of those originally levied on the imported 
inputs in question;     (3) where it is alleged that a substitution draw back system conveys a subsidy, the Ministry 
should first proceed to determine whether the gove rnment of the exporting country has in place and 
applies a verification system or procedure.  Where such a system or procedure is determined to be applied, the Ministry should th en examine the verification procedures to see whether they are 
reasonable, effective for the purpose intended, a nd based on generally accepted commercial practices 
in the country of export;    
 (4) to the extent that the procedures are dete rmined to meet this test and are effectively 
applied, no subsidy should be presu med to exist. It may be deemed necessary by the Ministry to carry 
out, in accordance with the Article 28 of the Act of  Ukraine "On safeguards of the national industry 
against subsidized imports", certain practical tests in order to verify information or to satisfy itself that 
the verification procedures of drawback of the import charges are being effectively applied;   G/ADP/N/1/UKR/1 
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   (5) there may be a subsidy where:   
 
- there are no verification procedures of drawback of the import charges;   
 
- such procedures are not reasonable;   
 
- such procedures are instituted and consid ered reasonable but are found not to be 
applied or not applied effectively;   
 
 In such cases a further examin ation by the exporting country based on the actual transactions 
involved would need to be carried out to determ ine whether an excess pa yment occurred.  If the 
Ministry deemed it necessary a further examinatio n would be carried out in accordance with sub-
paragraphs 3 and 4 of this paragraph.   
 
 (6) the existence of a substitution drawback pr ovision under which exporters are allowed to 
select particular import shipment on which drawback is claimed should not of itself be considered to 
convey a subsidy;     (7) an excess drawback of import charges in the sense of paragraph nine of the Section II of 
the Annex 1 would be deemed to exist where govern ment paid interest on any monies refunded under 
their drawback schemes, to the extent of th e interest actually paid or payable.   
 3. The provisions of this Annex shall apply pursuant to the principles and norms of the international commercial act within the meaning of the Agreements and documents GATT/WTO.   
 
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  ANNEX
 4 
to the law of Ukraine "On Protection of Na tional Industry Against Subsidized Imports" 
of 22 December 1998, No. 331-XIV 
 
Principles of state support of the producers of farm products 
 
 
General provisions 
 
1. The application of measures of state support to  the agriculture producers shall not affect the 
normal development of the production or trade of the farm  products or such affect shall be minimized.    
  The measures applied to support agricultur e shall meet the following criteria:   
 
 (1) the state support shall be given in the framework of the national programme (including payable income taxes) getting financial support from th e state funds with no attraction of transfer of 
the consumers thereof;     (2) the state support shall not affect th e prices maintained by the producers;   
 
 (3) the state support shall meet the criteria and conditions of services provided within a 
framework of state programmes pursuant to paragrap hs from two to thirteen of this Annex.   
 
General services provided within a framework of state programmes 
 
2. The provision of general services involves the expenses (or exemption from payable income 
taxes) to fulfil the programmes pursuant to whic h the services or privileges to agriculture or 
countrymen are given.     The general services shall not include direct pa yments to the producers of the farm products 
or to those involved in processing thereof.   
  The programmes where the government provides services or grants privileges to agriculture 
or the countrymen shall meet the basic criteria la id down in sub-paragraphs from 1 to 7 of this 
paragraph.  Such programmes shall mean the performance of:   
 
 (1) scientific and research work, including gene ral scientific and research work;  researches 
pursuant to the programmes of the environmental protection;  the programmes of scientific and 
researches work pursuant to certain products;     (2) fight against pests and diseases of the farm plants and live-stock including the systems of 
early prevention, quarantine and elimination;   
  (3) training services including the provision of f acilities for general and specialized training;   
  (4) information spread and consulting services, including the supply of equipment and 
facilities to facilitate the transmission of informa tion to the producers and consumers and the results 
of scientific and research work;    G/ADP/N/1/UKR/1 
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   (5) inspection services including services of a gene ral nature and expertise of certain products 
to establish whether they are safe for health of a hum an being or safe in general (including security of 
environment), or whether conform with the quality and standards;   
 
 (6) marketing and promotion services including  marketing information (information on the 
markets and their conditions), consu ltations on certain products and th eir promotion with exception of 
definite costs of the products th at may assume the sellers for the pur pose to sell them at a lower cost 
or to grant direct economic privilege to the buyers;   
 
 (7) services in infrastructure including power networks, roads and means of transportation, 
market and port constructions, water supply system s, embankments and drainage systems, work 
pursuant to realization of the programmes of environmental protection.    
 In such cases the costs shall be assumed only for provision or construction of capital buildings 
and exclude subsidization of the supply of equipmen t to the farms other than equipment supplied for 
the purpose of development of the networks of gene rally acceptable services.  Subsidization of inputs 
or working costs, taxes or charges payable by th e consumers that enjoy privileges shall be excluded 
from the above services;    
 (8) other services.   
 
Store-keeping of the state stock of products to secure food safety 
 
3. The costs (or exemption from payable inco me taxes) involved in accumulation and store-
keeping of the stock of products being an integral part of the programme to secure food safety shall be 
established by an appropriate national legislative act.     Such programme may specify the measures wher e the government provides the owners of the 
private warehouses with the appropriate products.    
 The volume and accumulation of such stocks  of products shall serve a preset purpose 
exclusively in the sphere of security of the food safety.  A process of accumulation of such stocks of products and their respective use sha ll be transparent from the point of view of the financial costs.  
The purchase of food products by the government sha ll be carried out at the current market prices, and 
the sale from the stocks shall be carried out at th e price that is not less than the current domestic 
market price for the like product and the product of the same quality.   
  The food stock safety programmes of the governments in the developing countries where fulfilment of such programmes is transparent and ensured pursuant to officially published objective 
criteria or national standard acts, and programmes wh ere for the purpose of security of the food safety 
the stock food products are purchased and sold at th e prices established by the government shall deem 
to conform with the provisions of this paragra ph provided that the difference between purchase and 
external advertised price has been accounted  in the aggregate measures of support.   
 
National food support 
 4. The costs (or exemption from payable income taxes) involved in providing food support to 
that part of the population that needed such support.     The right to receive food support shall meet the definitely specified criteria of nourishment.  Such support shall be given in one of the below forms:    G/ADP/N/1/UKR/1 
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   (1) direct supply of the food prod ucts to the interested parties;   
  (2) allocation of funds in the amount sufficient to purchase the food products at the market or 
subsided prices by the interested parties that have the right to be supported.   
  The purchase of the food products by the govern ment shall be carried out at the current 
market prices provided that financ ing and control over such support is adhered to the conditions of 
transparency.   
 
 For the purpose of paragraphs three and four of  this Annex the supply of the food products at 
the subsided prices to satisfy food demand of the ur ban and rural poor of the developing countries that 
has been permanently provided at the moderate prices shall deem to conform with the provisions of 
this paragraph.   
 
Direct financing of the producers of the farm products 
 
5. A support in a form of direct financing of the producers of the food product (or in a form of exemption from payable income taxes or remuneration in kind) shall meet the basic criteria illustrated 
in paragraph one, and from six to thirteen of this Annex.   
 
Independent income support 
 
6. The right to use financial contributions sha ll be specified pursuant to definitely expressed 
criteria, such as income, status of a producer or la ndowner, using factors or level of production within 
specified and fixed basic period of time.   
  In any particular year after the end of the basic period the amount of the above financial contributions shall not depend on:     (1) a separate type or volume of the products (including live-stock) realized by a producer;   
 
 (2) domestic or world prices extending to any realized products;     (3) use of the production factors.    
 The right to receive such contributions does not depend on production of the products.   
 
Financial participation of the governments in  income insurance and inflow security 
programmes 
 
7. The right to use financial contributions may be acquired in the event of losing income and 
shall be established only pursuant to income in ag riculture exceeding 30 per cent of average gross 
income or the equivalent in a fo rm of net profit (with exception of any payments made in a framework 
of such or alike programmes) for the prior three- year period or average indices for the three-year 
period calculated on the base of the prior five-year period excluding the highest and lowest indices of income.  Any producer adhering to such conditions sha ll have the right to use financial contributions.   
 
 The amount of such financial contributions sh all compensate less than  70 per cent of income 
losses in the year the producer has acquired the right of having the support in question.   
 G/ADP/N/1/UKR/1 
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   The amount of any specified financial contributions shall depend on income only.  This 
amount shall not depend on:    
 (1) type of product or volume of its production (including live-stock) realized by a producer;   
  (2) domestic or world prices extending to such product;     (3) the factors used in the production.   
 
 Where a producer uses financial contribution in the same year pursuant to paragraphs seven 
and eight of this Annex (support in the event of  the acts of God), the total amount of such 
contributions shall be less than 100 per cent of the total costs borne by a producer.   
 Direct contributions to give support in the event of the act of God or those made in a form of 
financial participation of the government in rea lization of the harvest insurance programme 
 
8. The right to use financial contributions:    
- shall be acquired only if existed or existing act  of God or alike natural calamity (epidemic, 
pest infection, nuclear accidents and the war on the territory of the country in question) has 
been officially recognized by the government;  and 
 
- depend upon the amount of the production losses exceeding 30 per cent of weighted average 
level of production for the prior three-year period or weighted average indices for the three-
year period calculated on the base of the prio r five-year period excluding the highest and 
lowest indices of income.   
  The above contributions payable in the event of the act of God shall be made only in cases of  losses of income, live-stock, (including financial c ontributions to give veterinary aid to the live-
stock), land or other factors of production as a consequent impact of the act of God.   
 
 The above contributions shall:    
- reimburse the recovered costs in full and be higher than the losses incurred;   
 
- reimburse the claimed amounts where limitation of action is non-applicable and include 
demands, specification pursuant to the type or volume of the future production.   
  Financial contributions being made in the event of the act of God shall not exceed the level of 
the claimed amount needed to prevent or decrease th e new losses specified in sentence four of this 
paragraph.   
 
 Where a producer has been using financial c ontributions pursuant to this paragraph and 
paragraph seven of this Annex within one and the same year (income insurance and income security 
mechanism programmes ) the total amount of financia l contributions shall be less than 100 per cent of 
the total losses borne by a producer.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
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  Assistance in structural reconstruction by me ans of realization of those programmes compelling 
the producers to terminate their activity 
 9. The right to use financial contributions shall be  specified in the definitely expressed criteria of 
those programmes that compel the producers to term inate their activity in the production of the farm 
products or by means of transformation of the agricultural production into non-agricultural production.    
 Such contributions shall depend on complete and permanent termination of the production of 
the farm products.    
Assistance in structural reconstruction by means of realization of the programme in 
termination of using resources in the production process 
 
10. The right to use financial contributions shall be  specified in the definitely expressed criteria of 
those programmes that have been worked out for the purpose of termination of use of land and other resources, including live-stock.     Financial contributions shall depend on exem ption of land from the production of the 
profitable farm products for the term of not less than three years, or where it refers to the live-stock on 
the terms of butchery or uninterrupted and final elimination of the live-stock.     Financial contributions shall not reimburse th e claimed funds where limitation of action is 
applicable and include demands, specification or alternate utilization of land or other resources 
connected with the production of the profitable farm products.   
  Financial contributions shall not involve the type, volume of production or prices (domestic 
or world prices) but only the production performed on the land or where other resources are used in 
such production process.    Assistance in structural reconstruction by mean s of realization of programme in promotion of 
investments 
 
11. The right to use financial contributions shall be  specified in the definitely expressed criteria of 
those programmes of the government worked out for the purpose of giving assistance in financial or 
material reconstruction of the national industry becau se of the structural losses existence of which has 
been expressly evidenced.  The right  to use such financial contributions may be also based on the 
accurately defined provisions of the programmes of  the governments pursuant to re-privatization of 
the agricultural lands.     In any year after termination of the basic pe riod the amount of such contributions shall not 
depend (or stipulated by) on:   
 
- the type or volume of production (including liv e-stock) realized by a national producer 
provided that this provision does not contradict to  the criteria laid down in sentence six of this 
paragraph;   
 
- national or world prices for any products to be realized.   
  Financial contributions shall be used only within the term deemed to be necessary for 
realization of investments intended therefore.   G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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   The conditions of use by a national producer  of such contributions shall not include 
undertakings, or specify the farm products to be  made by such producer, except those definite 
products the production of which has been prohibited.   
 
 Financial contributions shall be limited to the amount necessary to reimburse structural losses.    
Payments pursuant to environmental protection programmes 
 12. The right to use financial contributions shall be  specified in the definitely expressed criteria of 
those programmes of the government worked out for the purpose of protection or preservation of environment and depend on adherence to special conditions including those connected with the 
methods of production or inputs.    
 The amount of contributions shall be limited to the amount of additional costs or income 
losses pursuant to fulfilment of the definite programme of the government.    
Financial contributions in a framew ork of regional support programmes 
 
13. The right to use financial contributions sh all be given only to the producers of those 
disadvantaged and/or unfavourable regions.  Any such region shall:   
 
- be geographically determined zone with clear economic and administrative indice;   
 
- be treated as.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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  ANNEX
 5 
to the Law of Ukraine "On Protection of Na tional Industry Against Subsidized Imports" 
of 22 December 1998, No. 331-XIV 
 
LIST 
 
of the developing countries - Members of WTO which enjoy preferential conditions pursuant to 
the Article 36 of the Law of Ukraine "On Protection of National Industry  
Against Subsidized Imports" 
 
Customs code     Country 
 
5 1 6       B o l i v i a  
2 7 6       G h a n a  
2 6 0       G u i a n a  456      Dominican Republic 3 8 2       Z i m b a b w e  664      India 700      Indonesia 
301      Cameroon 
3 4 6       K e n y a  272      Cote d'Ivoire 318      Congo 2 0 4       M o r o c c o  
2 4 0       N i g e r i a  
432      Nicaragua 6 6 2       P a k i s t a n  248      Senegal 709      Philippines 669      Sri Lanka 
 
 G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
Page 120 
  
  ANNEX
 6 
to the Law of Ukraine "On Protection of Na tional Industry Against Subsidized Imports" 
of 22 December 1998, No. 331-XIV 
 
LIST 
of the least developed countries - Members of WTO which enjoy preferential conditions 
pursuant to the Article 36 of the Act of Ukraine "On Protection of National  
Industry Against Subsidized Imports" 
 
Customs code     Country 
 
224      Sudan 228      Mauritania 
2 3 2       M a l i  
2 3 6       B u r k i n a  F a s o  2 4 0       N i g e r  2 4 4       C h a d  2 4 7       C a p e  V e r d e   2 5 2       G a m b i a  
2 5 7       G u i n e a - B i s s a u  
2 6 0       G u i n e a  264       Sierra Leone 268       Liberia 280      Togo 
284      Benin 
306      Central African Republic 310      Equatorial Guinea 311      Sao Tome and Principe 3 2 2       Z a i r e  324      Rwanda 
328      Burundi 
334      Ethiopia 3 3 6       E r i t r e a  338      Djibouti 3 4 2       S o m a l i  
350      Uganda 
3 5 2       T a n z a n i a  366      Mozambique 370      Madagascar 375      Comoro Islands 3 7 8       Z a m b i a  
3 8 6       M a l a w i  
3 9 1       B o t s w a n a  395      Lesotho 452      Haiti 6 5 3       Y e m e n  
660      Afghanistan 
666      Bangladesh 667      the Maldives 6 7 2       N e p a l   G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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  675      Bhutan 
6 7 6       B u r m a  6 8 4       L a o s  
696      Kampuchea 
806      the Solomon Islands 807      Tuvalu  8 1 2       K i r i b a t i  816      Vanuatu 
817      Tonga 
819      Western Samoa   G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
Page 122 
  
  ANNEX
 7 
to the Law of Ukraine "On Protection of Na tional Industry Against Subsidized Imports" 
of 22 December 1998, No. 331-XIV 
 
General principles of a subsidy 
 
1. Where a government grants or maintains a subsidy including prices and income support 
which directly or indirectly stipulates increase in e xports from its territory or decrease in imports to its 
territory such governments shall notify other inter ested countries in writing of the amount and nature 
of subsidization, of estimated consequent impact  of such subsidization on the volume of product or 
products imported to its territory or exported from its territory and of the circumstances which have 
lead to subsidization.  If such subsidization causes th e sufficient injury or ther e is threat to cause the 
sufficient injury to the interests of other country , a country which grants a subsidy shall discuss on 
demand a possibility to restrict subsidization with  other interested country or countries.   
 
Additional provisions for the export subsidy 
 
2. The granting of a subsidy to a particular product may negatively eff ect either importing or 
exporting countries, may cause unjustified violation of their practiced commercial interests and hinder 
their adherence to generally recognized principles and rules of the international commercial law in a 
sense of the agreements and documents GATT/WTO.    3. The countries shall be restricted to subsidiza tion of an exporting primary product.  Where the 
country directly or indirectly grants a subsidy whic h lead to increase in the volume of the particular 
primary product exported from its territory, such s ubsidy shall be so granted that the country in 
question would not have a greater share than a just  one in the world export trade in such products 
pursuant to the shares of other countries trading in  such products during prio r appropriate period and 
special factors which may have a negative conse quent impact on the trading in question.   
 4. The countries shall not subsidize directly or indirectly the exports other than a primary 
product at a lower price than a comparable price practiced on the domestic market by the buyers of 
the like product which effect the export sales of the like product.    5. Every now and then the countries shall review  the provisions of the international commercial 
law for the purpose to clarify from the acquired e xperience whether such provisions could effectively 
prevent subsidization to cause sufficient injury to co mmerce or interests of the appropriate countries.   
 6. Exemption of  exports from payable duties or taxes levied on the produc t to be consumed on a 
domestic market, or decrease in the amount of such  duties or taxes not exceeding those payable shall 
not be a subsidy.    
7. Pursuant to the By-laws of the Interna tional Monetary Fund the countries may effect 
numerous changes in currency exchange.    8. A fact that the country has not exported the product under anti-subsidizing investigation 
during prior appropriate period shall not  hinder this country to have the right to a share in trading with 
such product.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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  9. The procedures directed for stabilization of the domestic price for a primary product, or the 
gross income of the domestic producers of such prod uct irrespective of dynamics of prices which lead 
to export sale of such product at  a lower price than a comparable one which practiced on the domestic 
market by the buyers of the like product, sh all not be an export subsidy provided that:   
 
- such procedures have resulted in, or intended to result in export sale of such product at a 
higher price than a comparable one practiced on a domestic market by the buyers of the like 
product;   
 
- pursuant to effective legal regulation of business, or to other reasons the application of such 
procedures shall prevent stimulation of extra expor ts or infliction of other sufficient injury to 
the interests of other countries.   
 
 The measures applied for the purpose of th e performance of aforementioned procedures may 
become an object of investigation if their full or partial financing is secured by means of contributions 
from the state funds in addition to the monies of the producers of the product in question.    10. The provisions of this Annex shall apply pursuant to the principles and norms of the international commercial law within the meaning of the Agreements and documents GATT WTO.   
 G/ADP/N/1/UKR/1 
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  T
HE LAW OF UKRAINE  
 
THE LAW "ON APPLICATION OF SAFEGUARD MEASURES AGAINST IMPORTS TO 
UKRAINE", 22 DECEMBER 1998, NO.332-XIV (WITH CHANGES AND AMENDMENTS) 
 
As amended and added by the Laws of Uk raine N 1595-III of 23 March 2000, N 663-IV of 
3 April 2003, N 860-IV of 22 May 2003, N 3028-IV of 1 November 2005 
N 252-VI of 10 April 2008 
  
(In the text of the Law words "the Ministry of Economy of Ukraine in all cases are replaced with 
words "the central body of executive power in th e field of economic policy" in respective case 
according to the Law of Ukraine N 860-IV of 22 May 2003) 
 
 For the purpose of establishing mechanisms fo r protection of the interests of national 
producer
1 this Law shall regulate the principles and pr ocedure of initiation and execution of special 
investigations of the facts of increased imports to Ukraine irrespective of th e commodity's country of 
origin and exporting country which cause serious injury  or threaten to cause serious injury to national 
producer and may result in application of the safeguard measures.   
 
(preamble of the Law as amended by the Law of  
Ukraine N 3028-IV of 1 November 2005) 
 
 
Chapter I 
GENERAL PROVISIONS 
 
Article 1.  Definitions of Terms 
  The terms used in this Law shall have the following meanings:   
  (1) directly competitive product  shall mean a product which directly competes with a 
product under special investigation;    
 (2) exporter  shall mean a subject of the legal an d economic relations which exports the 
product (products) from the country;     (3) threat to cause serious injury shall mean the imminent threat  to cause serious injury to 
national producer.  A determination of serious in jury shall be based on facts and not merely on 
allegation, conjecture or remote possibility;   
 
(clause three of Article 1 as amended 
by the Law of Ukraine N 3028-IV of 1 November 2005) 
                                                     
 
1 The term "national producer" used in this Law is analogue to the term "domestic industry" used in 
WTO Agreement on Safeguards.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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   (4) interested party  shall be any person notifying the central body of executive power in the 
field of economic policy (hereinafter  referred to as the Ministry) of his interest to be involved in a 
special anti-dumping investigation in accordance with pa rt two of the Article 9 of this Law and who is 
taking an active part in special investigation by  providing written eviden ces or other information 
sufficient to the purposes of this investigati on.  The interested parties could be:   
 
(paragraph one of clause 4 of article 1 as amended according to  
the Laws of Ukraine N 1595-III of 23 March 2000, 
N 663-IV of 3 April 2003) 
 
- foreign producer, exporter or importer of the product under investigation, or corporation 
(association), where the majority of its members are foreign producers, exporters or importers 
of the product under investigation;   
 
- the competent authorities of a country exporting products under investigation;   
 
- national producer, producer or wholesale seller of the like products in Ukraine;   
 
- the corporation (association) where the majority of its members produces or makes wholesale 
trade of the like products in Ukraine;   
 
- a trade union comprising employees of the enterprises producing or making wholesale trade 
of the like products in Ukraine;   
 
- consumers, associations of consumers;   
 
(new paragraph seven was added to clause four of Article 1 according to the  
Law of Ukraine N 3028-IV of 1 November 2005,therefore  
paragraph seven shall be c onsidered paragraph eight) 
 
- bodies of the executive power in Ukra ine within their competence.   
  (5) serious injury  shall mean impairment in production,  trade or financial situation of 
national producer which entails sufficient overall d ecline in the national production of a definite 
product;   
 
(6) import  shall mean importation of product (products) to the customs territory of an 
importing country for consumption in this country;     (7) importer  shall mean a subject of economic and legal relations declaring delivery of 
product (products) to the customs territory of Ukraine;   
 
 (8) competent authorities  shall mean a bodies of state power of a country of origin or 
exporting country (customs union or economic gr oup) which ensure, within their competence, 
implementation of its foreign and/ or foreign economic policies;   
 
 (9) exporting country  shall mean a country of origin of product imported to Ukraine.  An 
exporting country could be considered the country  acting as an agent (customs union or economic 
group) with exception of cases when such product is transported as transit through this country, but is 
not produced in this country or there is no comp arable price for this product in this country;   
 G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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   (10) country of origin  shall mean a country (customs  union or economic group) where 
products have been fully produced or under gone sufficient processing or reworking;   
 
 (11) national producer  shall mean an aggregate number of producers of like products or 
directly competitive products or those produ cers whose aggregate production of such product 
constitutes the major portion of the whole amount of these products being manufactured in Ukraine.     (12) period of investigation  shall mean a period during which the Ministry investigates 
growth dynamics of volumes of imports of commodity  that is the object of investigation, and the 
production, commercial, and financial status of the national producer; 
 
(clause 12 of Article 1 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
 (13) like product  shall mean an identical product i.e. alike in all aspects to the product under 
investigation, or in the absence of such product,  another product which although not alike in all 
aspects, has distinguishing characteris tics closely resembling those of the product under investigation;   
  (14) sales  shall mean transfer of property by any person to ownership or use and/or 
possession or/and at disposal of another person, in  particular under the terms of purchase and sale 
contracts, property lease, other civil agreements, or in  the event of change of one taken obligations to 
another or change in the terms of  obligations to be performed;   
  (15) special investigation  shall mean the investigation of the facts of increased imports to 
Ukraine which causes serious injury or threaten to cause serious injury to national producer of the like 
or directly competitive product;     (16) product  shall mean any product manufactured for trading.   
 
Article 2.  Scope of Application of the Law 
 
1. This Law shall be applied to the transactions related to imports of any commodity irrespective 
of the commodity's country of origin and exporting country.    
(part one of Article 2 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 2. This Law shall not exclude application of ot her measures along with the safeguard measures:   
 
- laid down in legislation acts, international agr eements of Ukraine ratif ied by Verkhovna Rada 
of Ukraine;   
 
- in the framework of General Agreement on Ta riffs and Trade (hereinafter referred to as 
GATT) and World Trade Organization (hereinafter referred as WTO).   
 
Article 3.  Language of Investigations 
 
1. According to this Law the investigations shall be performed in the state language of Ukraine.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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  2. Evidences, written proofs and other informa tion submitted to the Ministry, State Customs 
Service (hereinafter referred to as the Service) or Interdepartmental Commission for Foreign Trade 
(hereinafter referred as the Commission) in accordance w ith this Law shall be accepted if stated in the 
state language of Ukraine.   
 
Article 4.  Terms 
 
1. The terms of all and any actions under this Law shall be specified by the provisions hereof or 
be established by the Commission or Ministry.  Upon e xpiry of such terms the right to any action shall 
be deemed to be lost.  Any documents submitte d after expiration date shall remain without 
consideration.  The Commission or Ministry has the ri ght to extend or reinstat e the terms in the event 
of providing sufficient justification thereof.    
2. The terms specified by this Law, or by the Commission or Ministry shall be calculated in 
years, months and days.     The terms shall be also fixed in a form of an imminent event.    3. The term calculated in years shall terminate in  the respective month and date of the last year 
of this period.   
  The terms calculated in months shall terminate at the respective date of the last month of the 
period in question.  If expiration term falls on th e month with no respective date such term shall 
terminate at the last day of the month in question.   
 
 The term calculated in days shall be c ounted from the day next to fixed date of 
commencement.     The term specified as a reference to any immine nt event shall be calculated from the day next 
to occurrence of the event.   
 
 If expiration dates falls on the day-off the last day of said term shall be the first working day 
following the day-off.     The last day of the term shall terminate at the moment of closing the working day at the 
Ministry, Service or Commission.   
  The terms shall not be exceeded if due documen ts were submitted to the Ministry, Service or 
Commission and filed under established or der prior to the expiration date.   
 G/ADP/N/1/UKR/1 
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  Chapter II 
 
APPLICATION, NOTIFICATION OF INCREASED IMPORTS TO UKRAINE WHICH 
CAUSE OR THREATEN TO CAUSE SERIOUS INJURY TO NATIONAL  
PRODUCER. HEARINGS OF THE COMMISSION 
 
Article 5.  Notification of the Facts of Increa sed Imports to Ukraine Which Cause or Threatens 
to Cause Serious Injury to the National Industry 
 
1. If a tendency of increased imports to Ukraine may require application of safeguard measures 
pursuant to the provisions of this Law, the Servi ce, an appropriate body of the executive power of 
Ukraine shall notify the Ministry thereof.  The Ministry on its initiative may start to gather the 
information in question.  The Ministry may start gathering such information on its own initiative.   
 
2. The information directed to the Ministry in acco rdance with part one of this Article shall have 
substantiated evidences of the existence of the factor s illustrated in clauses 1 and 2 of part two of the 
Article 13 of this Law.    3. The Ministry shall submit the information obtaine d pursuant to part one of this Article, and/or 
the copies of an application laid down in the Article  6 of this Law, to the Cabinet of Ministers of 
Ukraine and to the members of the Commission within five days of the date of receipt of aforementioned information and/or application.    
Article 6.  Application 
 
 The national producer may direct to the Ministry an application with a claim to apply the measures stipulated by this Law against the imports  to Ukraine.  Such application shall have the 
substantiated evidences of the factors illustrated in clau ses 1 and 2 of part two of the Article 13 of this 
Law.    Article 7.  Authorities of the Commission with Regard to Protection of National Producer against Increased Imports 
 
1. The procedure of establishment and work of the Commission is defined in the Law of Ukraine 
"On Protection of the National Producer against Dumped Import".   
 
 The first hearing of the Commission shall be held  not later than in a month's time of the date 
of receipt by the Ministry of the information indicated in the Article 5 of this Law, and/or of a copy of an application indicated in the Article 6.    
(paragraph two of part one of Article 7 as amended 
by the Law of Ukraine N 3028-IV of 1 November 2005) 
  Any subsequent hearings including those held  in the course of a special investigation and 
application of safeguard measures shall be held when  required and within the terms stipulated by this 
Law.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
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   At the hearings of the Commission the following matters shall be considered:   
 
- the existence of a fact of imports to Ukraine,  the increase in volume of such imports, methods 
providing for establishment of the fact in question, a product which is an object of 
consideration, methods providing for establishment of possibility to cause serious injury and the amount thereof, the existence of a threat to  cause serious injury to national producer that 
outputs like or directly competitive product, the existence of casual link between the imports and caused serious injury or threat to cause se rious injury to national producer that outputs 
like or directly competitive product;   
 
- the terms and conditions of imports to Ukrain e, tendencies of increase in their volumes and 
various factors of economic and trade situation concerning such imports;   
 
- the application of the appropriate measure s envisaged in this Law due to the new 
circumstances;   
 
- other matters pursuant to this Law.   
  At the hearings of the Commission the following decisions shall be adopted:   
 
- on initiation, or refusing to initiate special i nvestigation of imports of the commodity;   
 
- on applying preliminary special measures in resp ect of the imports of the commodity that are 
the object of investigation;   
 
- on applying measures of monitoring the imports of the commodity that are the object of 
investigation;   
 
- on applying special measures in respect of the imports of the commodity that are the object of 
investigation;   
 
- on discontinuing special investigation without application of special measures;   
 
- on alleviating special measures in respect of the imports of the commodity;   
 
- on review of special measures in respect of the imports of the commodity;   
 
- on cancelling special measures in respect of the imports of the commodity;   
 
- other decisions in execution of this Law.   
 
(new paragraphs were added to part two of Article 7 
according to the Law of Ukraine N 3028-IV of 1 November 2005, 
therefore paragraph six shall be considered paragraph sixteen) 
  A resolution in the matters set out in this paragraph shall, if required, be adopted under 
established working order by means of signing the draft resolution by the members of the 
Commission unless otherwise is specified by this Law.   To this end the Chairman of the Commission 
or his deputy shall give a notice to the member s of the Commission and offer them to express in 
writing their opinion within the terms determined by him for taking the said opinion into account.  This term, as a rule, shall neither be less than five nor exceed 10 days. G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  Chapter III 
 
INITIATING AND EXECUTION OF SPECIAL INVESTIGATION 
 
Article 8.  General Provisions for Execution of Special Investigation 
 
1. A special investigation shall be carried out fo r the purpose of establishment on the basis of the 
factors described in the Article 13 of this Law whet her the imports cause or threaten to cause serious 
injury to national producer of Ukraine.   
 2. Period of investigation shall be normally from one  to three years.  In some cases such period 
may exceed three years.    
 The Ministry shall determine the duration of a period of investigation.   
 
(part two of Article 8 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 3. The term of duration of a special investig ation shall not exceed 270 days of the date of 
initiation of such investigation.  Under extraordinar y circumstances this term may be extended by the 
Commission up to 330 days.  To this end the Minist ry shall give a public notice thereon in publication 
of the Cabinet of Ministers of Ukraine (her einafter referred to as the newspaper).   
 
Article 9.  Special Investigation 
 
1. The Commission shall examine:    
- an application and/or informa tion submitted by the Ministry pursuant to part three of the 
Article 5 of this Law;   
 
- the evidences described in such application or objective information acceptable for 
consideration by the Commission relating to in creased imports to Ukraine which has caused 
or threatened to cause serious injury to  national producer by such imports.   
  If conclusions of such examination prove suffi ciency of the evidences on increased imports to 
Ukraine, which may cause damage, or threaten to  cause damage to national producer the Commission 
shall make decision on initiation of a special investig ation and authorize the Ministry to carry out such 
investigation and give public notice in the newspa per on initiation of a special investigation.  The 
Commission shall make such decision by a simple majority vote.     If the Commission has established that the provi ded evidences are insufficient to initiate a 
special investigation, the Commission shall make an appropriate decision on inexpediency of 
initiation of a special investigation and authorize th e Ministry to notify the Service, an appropriate 
body of executive power of Ukraine or national producer of its conclusions.  Such decision the 
Commission shall make by two-thirds (a qualified majority) vote.    
 A decision on initiation or on inexpediency of initiation of a special investigation shall be 
made by Commission within 30 days of the date the Ministry has received the information or application described in the Articles 5 and 6 of this Law.     G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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  2. The Ministry shall begin an investigation a nd within five days of the date of making an 
appropriate decision by the Commission described in pa rt one of this Article, give public notice in the 
newspaper which shall contain the following:   
 
 (1) the information on initiation of a special investigation;     (2) the information on the product imported to  Ukraine which is subject to a special 
investigation;   
 
 (3) clause 3 of part 2 of Article 9 is deleted;    
(according to the Law of Ukraine  
N 3028-IV of 1 November 2005) 
 
 (4) a brief report (hereinafter referred to as summary) of the evidences on the basis of which a 
special investigation has been initiated;     (5) a notification that any relevant informati on pursuant to an investigation in question may 
be directed to the Ministry;   
 
(6) the time-limits within which the interested parties may:   
 
- submit their written comments and other relevant information including the evidences in 
favour of themselves;   
 
- require the hearings to be held at the Minist ry pursuant to part four of this Article;   
  (7) the address of the Ministry where all correspondence shall be directed.   
 3. The Ministry has the right to require the Service and other bodies of executive power of 
Ukraine, the interested parties to provide the information needed to perform a special investigation.  
Such request shall be binding to the bodies of executi ve power and interested parties, and be fulfilled 
within the time-limit fixed by the Ministry.     For the purpose of establishing whether the evid ences stated in information provided to the 
Ministry by the Service or other bodies of executi ve power of Ukraine or interested parties are 
sufficient enough to carry out a special investigation, the Ministry shall verify such information.   
 4. The interested parties shall have the right to apply to the Ministry in writing, within the time-
limits specified in the notification of initiation of a special investigation, with requirement for the hearing to be held at the Ministry in the matters of a special investigation with their participation 
therein:   
  (1) if they have proved that such special inv estigation concerns their interests and the results 
thereof may affect their business;    
 (2) provided that there are special reas ons for such hearings to be held.   G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  5. The interested parties participating in the hearings pursuant to the matters of a special 
investigation may supply additional in formation to the Ministry in the course of such hearings.  Oral 
information supplied to the Ministry by the inter ested parties in the course of hearings shall be 
accounted by the Ministry when carrying out special investigation only if it is subsequently 
reproduced in writing not later than five days of the date of closing the hearings.    6. The interested parties may, on written requ est, see all information provided by another 
interested party with exception of the official doc uments of the Ministry, Service and Commission if 
such information:   
  (1) relates to protection of their interests;     (2) is not confidential pursuant to the Article 12 of this Law;   
 
 (3) is used for the purposes of  a special investigation.   
  The interested parties may supply their comments to such information, which shall be accounted by the Ministry, provided that such co mments are well grounded and have been supplied to 
the Ministry within fixed time-limits.   
 
 The information and evidences supplied to the Mini stry by one of the interested parties in the 
course of a special investigation shall be also supplie d to all other interested parties involved.  Where 
the information and evidences haven't been provided to the Ministry or to other interested parties, or 
provided information and evidences could not be veri fied, such information and evidences shall be 
disregarded by the Ministry in the course of a special investigation.   
 7. If the Ministry established that the interest ed party has provided inaccurate or erroneous 
information it shall disregard such information and make  use of the actual data being at its disposal.   
  Where the information required by the Ministry  has not been provided within the time-limits 
specified by this Law or established by the Minist ry pursuant hereto, or there are considerable 
difficulties in carrying out special investigation, th e Ministry shall make conclusions on the basis of 
the actual data in its disposal.  The Ministry sh all direct such conclusions to the Commission's 
consideration.    
8. The Commission, pursuant to the conclusions made by the Ministry, may adopt a resolution 
on termination of a special investigation.  Such resolution shall be adopted by the Commission by a 
qualified majority vote not later than 30 days of the date of submission of the Ministry's conclusions 
described in part seven of this Article, and be b ased on insufficiency of the evidences to carry out an 
investigation in question.  By such decision the Commission shall authorize the Ministry:   
 
 (1) to draw up a report on the results of a special investigation;   
  (2) to notify the Cabinet of Ministers of Uk raine, Service and interested parties of the 
termination of a special investigation;    
 (3) to give an appropriate public notice in  the newspaper pursuant to a decision made.   
 9. In the course of a special investigation th e Commission may make a decision on application 
of the safeguard provisional measures and/or su rveillance measures pursuant to the Article 11 and 
Chapter IV of this Law.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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  Article 10.  Procedure of Making Decisi on on Application of Safeguard Measures 
 
1. For the purpose of completion of a special inv estigation the Ministry shall submit a report to 
the Commission on the results thereof.   
 2. While reviewing the report on results of a spec ial investigation the Commission at its hearing 
may decide to apply the safeguard measures pur suant to the Chapter V of this Law.   
 
3. The Commission shall make a decision to apply safeguard measures after reviewing all 
evidences relating to the increased im ports to Ukraine and establish:   
 
- a fact (facts) of serious injury or  threat to cause serious injury;   
 
- the existence of casual link between the import of a product and serious injury caused or 
threaten to cause to national producer of th e like or directly competitive product;   
 
(paragraph three of part three of Article 10 as amended  
by the Law of Ukraine N 3028-IV of 1 November 2005) 
 
- whether the application of the safeguard measures meets the national interests.   
 
Article 11.  Application of Provisional Safeguard Measures 
 
1. Not earlier than 45 days of the date of in itiation of a safeguard investigation the Commission 
may make a decision by a simple majority vote on application of the provisional safeguard measures, 
provided that:     (1) the Commission has made a decision on initiati on of appropriate investigation pursuant to 
the Articles 8 and 9 of this Law;    
 (2) a public notice has been published in the newspaper on initiation of a special 
investigation;     (3) the interested parties have been given an opportunity to submit their comments and other relevant information to the Ministry;   
 
 (4) the Ministry has preliminarily establis hed the existence of such circumstances under 
which any delay in application of  preliminary special measures may cause injury the consequences of 
which will be hard to remedy afterwards;    
(clause 4 of part one of Article 11 is in the wording  
of the Law of Ukraine N 3028-IV of 1 November 2005) 
  (5) the Ministry has preliminarily established that actual available data provided for substantiated evidence confirming that the increased imports to Ukraine caused or threaten to cause 
serious injury;   
 
(clause 5 of part one of Article 11as amended 
by the Law of Ukraine N 3028-IV of 1 November 2005) 
 G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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   (6) the Ministry has made conclusion on the necessity to apply the provisional safeguard 
measures by the Commission.    
 The Ministry shall give an appropriate public  notice in the newspaper on a decision made.   
 2. The time-limits for application of the pr ovisional safeguard measures shall neither exceed 
200 days and nor exceed the term of exec ution of a special investigation.   
 
3. The provisional safeguard measures pursuant to the provisions of this Law shall be applied by 
means of imposition of a special duty.     A rate of a special duty payable by an importe r of the products to Ukraine shall be established 
in an appropriate decision of the Commission on app lication of the provisional safeguard measures.  
Such duty shall be paid irrespective of payment of other taxes and charges (mandatory payments) 
including duties, customs fees which are normally payable in cases of importation to Ukraine.   
  A special duty shall be paid in a cash or non-cash form or by means of cash deposits or bonds equal to the duty amount if not otherwise is establis hed by the legislation of Ukraine.  The money may 
be deposited at the place of location of custom s bodies carrying out customs clearance of a product 
under special investigation.  The Service sha ll establish the procedure of making deposits.   
  By the end of the term of application of the provisional safeguard measures the Ministry shall 
submit to the Commission a report and conclusions on the results.    
4. The provisional safeguard measures relating to the imports to Ukraine shall be nullified 
where:     (1) a made decision, pursuant to part five of this Article, sets out that the imports to Ukraine 
of a product which is subject to a special investig ation have not caused or threatened to cause serious 
injury to the national producer;   
 
 (2) a decision made to apply safeguard measur es pursuant to the Chapter V of this Law.   
  The application of the provisional safeguard measures shall terminate of the date of an 
appropriate decision of the Commission laid dow n in this part entering into force.   
 
5. If the Commission reached a conclusion that no in jury has been caused or  threatened to cause 
to the national producer, the Commission shall make a decision at the hearing on:     (1) nullification of application of th e provisional safeguard measures;   
 
 Such decision shall also nullify imposition of a special duty.   
  (2) continuation by the Ministry of a special investigation.   
  Such decisions shall be made at the hearings  of the Commission by a qualified majority vote.   
 
 The Ministry shall give an appropriate public notice in the newspaper on the decisions in question.     G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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  6. The decisions of the Commission mentioned in part five of this Article may stipulate a refund 
to an importer of a paid special duty.   
 An importer shall submit to the Service an a pplication on refund of the paid amounts of a 
special duty within 30 days of the date of making decision by the Commission pursuant to part five of this Article.  This application shall identify the customs bodies that carried out customs clearance of a 
product on which a special duty has been imposed.  To such application shall be attached the 
documents confirming the fact of importation to Ukraine and customs clearance of aforementioned 
product, within a period of the provisional safegua rd measures being in force, from the date the 
amount of a special duty has been duly paid in acco rdance with the decision made by the Commission 
pursuant to paragraph three of this Article.     An application on the refund of the paid amounts of a special duty shall be duly justified if it 
sets out accurate information on the paid amounts of a special duty and supported by all customs 
documents relating to settlements and payments of the amounts in question.  If such application does 
not provide for the described above information the Service having reviewed an application in 
question shall return it back to an applicant with  the appropriate explanations and comments.   
 The Service shall immediately have the original of such application directed to the Ministry 
of Finance of Ukraine with attached documents and their copies directed to the Commission and 
Ministry.   
  A refund of aforementioned amounts of a special duty shall be carried out by the Ministry of Finance of Ukraine within 90 days of the date of  making an appropriate decision by the Commission.  
If an importer fails to provide all relevant docum ents relating to refund of the paid amounts of a 
special duty within the time-limits specified in th is part such amounts shall be not refunded.   
 
Article 12.  Confidential Regime 
 
1. Any information which is by nature conf idential (because its disclosure would be of 
significant competitive advantage to a competitor or because its disclosure would have a significantly 
adverse effect upon a party supplying the informati on or upon a party who received the information, 
etc.) or which is provided on a confidential basis by interested parties in the process of special 
investigation shall, upon good cause shown, be treated as such by the Ministry.    2. The interested parties providing the Ministry or Commission with confidential information 
shall furnish it with non-confidential summary thereof.   The summary shall be detailed to the extent 
which allows understanding essence of the information provided on a confidential basis.  If interested 
parties indicate that such information cannot be  summarized, they shall specify the reasons why a 
summary cannot be provided.     If the Ministry finds that a request for confidentiality is not warranted and if the party 
concerned is either unwilling to make the informa tion public or to authorize its disclosure in 
generalized or summary form, such information may be disregarded unless it can be demonstrated to their satisfaction from appropriate sources that the information is correct.    
(part two of Article 12 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  3. The Ministry or Commission must not disclose the confidential information without a 
permission of the party that provided it.  The information exchanged between the Ministry and 
Commission, as well as information on the hearings  of the Commission or official documents of the 
Ministry or Commission relating to a special investigation must not be disclosed.   
 
(part three of Article 12 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
4. The information obtained pursuant to the provi sions of this Law shall be used only for the 
purposes thereof.    5. This Article does not hinder a disclosure by the Ministry or Commission of general information or evidences on the basis of wh ich the Commission makes a decision.   
 
6. The persons who are guilty of disclosure of the confidential information obtained pursuant to 
the provisions of this Law shall bear res ponsibility in accordance with legislation.   
 7. Part seven of Article 12 is deleted.    
(according to the Law of Ukraine N 3028-IV of 1 November 2005) 
 
Article 13.  Establishment of Existen ce of Serious Injury or Threat Thereof 
 
1. In the course of a special investigation the Mi nistry shall evaluate all relevant factors of an 
objective and quantifiable nature having a bear ing on the national producer, in particular:   
 
(paragraph one of part one of Article 13 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
  (1) tendencies in Ukraine's imports under inves tigation, particularly growing imports and (or) 
conditions thereof;   
 
(clause 1 of part one of Article 13 in wording of  
the Law of Ukraine N 663-IV of 3 April 2003) 
 
 (2) a fact (facts) of serious injury and/or  threat thereof to national producer being a 
subsequent impact of such imports;     (3) the existence of a casual link between the increased imports and/or the conditions thereof 
and caused serious injury or threat thereof.    
2. In the course of investigation the fo llowing facts shall be evaluated:   
  (1) import turnover of product (products) if such  turnover increased to a larger extent in the 
course of investigation in absolute and relative te rms of the amount of production or consumption in 
Ukraine of the like or directly competitive products;   
 
 (2) prices of the imports to Ukraine of the pr oduct (products) concerned if in the course of 
investigation the sufficient decrease in price of su ch product has taken place with regard to the price 
of the like product in Ukraine;     G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
 G/SG/N/1/UKR/1 
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   (3) a consequent impact on the national industry being the result of the effect of 
aforementioned factors laid down in clauses 1 and/or 2 of this part.  Such impact shall be determined 
by a tendency in changes of some economic factor s, in particular:  the production by a national 
producer of products under investigation; utiliza tion by a national producer of the production 
capacity;  the stock of products;  sales of products;  certain segment of the Ukrainian market occupied 
by national producer;  prices of products (i.e. decrease in prices or impediment to increase in prices which normally have been practiced);  productivity ;  capacity utilization volumes of profits or losses 
of a national producer;  profit of a national producer  from invested capital;  liquidity and employment 
situation at the enterprises of a national producer, etc.   
 
(clause 3 of part two of Article 13 as amended 
by the Law of Ukraine N 3028-IV of 1 November 2005) 
 
 (4) other factors relating to investigation in question.   
  When factors other than increased imports are causing injury to the national producer at the 
same time, such injury shall not be attributed to increased imports.    
(paragraph six was added to part tw o of Article 13 according to the  
Law of Ukraine N 3028-IV of 1 November 2005) 
  According to article 17 of this Law the Mini stry publishes in newspaper information on the 
results of analysis of the investigated matter and pr oof of relevance to the investigation of the factors 
examined.   
 
(paragraph seven was added to part two of Article 13 according to the  
Law of Ukraine N 252-VI of 10 April 2008) 
 3. Where there is claim on a threat of a serious  injury the Ministry normally shall evaluate a 
possibility of causing injury as an outcome of existi ng situation.  To this end the following factors 
shall be taken into account:   
  (1) level of increase in the volume of e xport products to Ukraine being under special 
investigation;  
 (2) future or already existing export potential of a country of origin or exporting country, as 
well as probability of utilization of such potential for the export of such product to Ukraine; 
 
(clause 2 of part three of Article 13 as amended by the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
 (3) tendencies in affecting the national producer by the imports.   
 G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  Chapter IV 
SURVEILLANCE MEASURES AGAINST IMPORTS TO UKRAINE 
 
Article 14.  Procedure of Application of Surveillance Measures against Imports to Ukraine 
 
1. If in the course of a special investigation th e Ministry establishes a threat to cause serious 
injury, the Commission on recommendation of the Ministry shall make a decision to apply in the course of such investigation the surveillance measures pursu ant to the provisions of the Article 15 of 
this Law.  Such decision shall be made by the Commission by a simple majority vote.   
 2. The Service, an appropriate body of executiv e power or national producer shall provide the 
Ministry with information on increase in the vol ume of imported product (products) to Ukraine 
irrespective of country of origin and exporting country, which threaten to cause serious injury to 
national producer.  On the basis of such data the Ministry shall prepare relevant information on the 
existence of a threat of serious injury and submit it to the Commission.   
 
(part two of Article 14 as amended by the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
3. On request of any member of the Commission or on initiative of the Ministry, the 
Commission shall have the hearing to be held within a period of time that enables to comply with the 
time-limits stipulated by this Law, but not later than  on tenth working day of the date of receipt by the 
Ministry of information mentioned in part two of this  Article and prior to the date of application of the 
surveillance measures, to review such inform ation and make an appropriate decision.   
 
4. Pursuant to the results of the review perform ed in accordance with part three of this Article, 
the Commission, by a simple majority vote, sha ll make decision on application of the surveillance 
regime or regional surveillance regime taki ng into account the national interests.   
5. Where the Commission thinks it unreasonabl e to apply the surveillance regime against 
imports in the whole territory of Ukraine it may deci de to initiate the regional surveillance regime in 
one or several regions of Ukraine.   
 6. By order of the Commission, the Ministry shall inform the Cabinet of the Ministers of 
Ukraine, the Service and an appropriate body of executive power on the decision made by the 
Commission and give an appropriate public notice in the newspaper.   
 
7. The terms of surveillance shall be limited and may not exceed the period set for the conduct 
of the special investigation.   
 
(part seven of Article 14 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 
8. Where the surveillance or regional surveillan ce regime has been applied the Service shall, 
prior to tenth day of each month, submit to the Commission and Ministry the appropriate information 
on total value of the product, which are calculated pur suant to the basic conditions of delivery CIF- 
the boarder of Ukraine, and the volume of the produc t in accordance with the appropriate permission 
to import issued by the Ministry and acknowledged by the Service within a preliminary period.   
  Basic conditions of the delivery shall be  established pursuant to the International 
interpretation of the commercial terms – "INCOTERMS" in the wording, which is valid at the date of 
product importation to Ukraine.    G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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   Where the product has specific consumer characte ristics or there is sp ecific situation in the 
market of Ukraine the periodicity of submission of su ch information specified in the first paragraph of 
this part may be changed by the Commission on proposal of the Ministry.   
 
 Such information shall contain the description of the product and the country of origin.  Any 
other information may be provided if determined in  the appropriate decision of the Commission.   
 
Article 15.  Surveillance and Regional Surve illance Regimes of the Imports to Ukraine 
 
1. The importation of a product to the customs te rritory of Ukraine, to which has been applied 
the surveillance or regional surv eillance measures against imports to Ukraine, pursuant to the 
appropriate decision of the Commission, shall be ca rried out if an appropriate permission to imports 
issued by the Ministry under established order and fo rm, within seven working days of the date of 
submission by an interested importer of an appr opriate application, has been supplied to the 
appropriate customs authority of Ukraine.    2. In such application pursuant to part one of th is Article an interested importer shall provide, in 
particular, the information on:    
 the full name of the applicant and his registered address (first name, second name and 
patronymic name for a natural person);    
- identification code (number);   
 
- a shipping agent/freight carrier (full name, registered address);   
 
- declaring (full name, place of location);   
- validity of the permission for import;   
 
- the country of origin of a product;   
 
- the country of export; 
 
- customs point and date of importation to Uk raine and a list of transportation means; 
 
- reference to the decision of the Commission on application of the surveillance or safeguard 
measures; 
 
- an accurate description of imported products; 
 
- marking and numbers of products, packages, quan tity of such packages, numbers and quantity 
of packages; 
 
- description of products in accordance with Ha rmonized Commodity Description and Coding 
System; 
 
- gross weight (Kg); 
 
- net weight (Kg); 
 
-
 additional units of measurement; G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  - price in accordance with basic conditions of de livery CIF-the boarder of Ukraine in USD or 
Ecu (Euro); 
 
- additional details of product documents; 
 
- basic conditions of delivery pursuant to INCOTERMS. 
 3. A permission to import shall contain the inform ation on the price and volume of products to 
be imported, reference that such product is subj ect to application of the surveillance or regional 
surveillance measures, other conditions and inform ation on imports pursuant to the content of the 
application of an interested importer.     A permission to import shall be valid in the whol e territory of Ukraine within 90 days of the 
date of issue.   
 4. Importation of products to the customs territory  of Ukraine, which are subject to application 
of the surveillance or regional surveillance measures , shall be carried out provided that the customs 
authority of Ukraine has established that:    
 (1) the total cost or volume of products do not exceed the cost or volume of products specified 
in a permission to imports for more than 5 per cent; 
 
(clause 1 of part four of Artic le 15 as amended according to the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
 (2) an imported product, the terms and conditions  of such importation are in full accord with 
those specified in permission to imports.    5. A decision of the Commission on application of  the surveillance of imports to Ukraine may 
provide for a submission to the customs authority of Ukraine by an interested importer of the 
certificate of origin of a product, which is subject  to application of the surveillance or regional 
surveillance measures.  However, this shall not excl ude the application of other provisions of the Law 
with regard to a submission such certificate to the customs authority of Ukraine.   
 
 
Chapter V 
SAFEGUARD MEASURES 
 
Article 16.  Application of Safeguard Measures 
 
1. Where an increase in imports to Ukraine is ta ken place in the amounts and/or within terms or 
under conditions, which cause or threaten to cause ser ious injury, the Commissi on, for the purpose of 
protection of the national interests, may decide to apply the following safeguard measures:   
  (1) clause 1 of part one of Article 16 is deleted;    
(according to the Law of Ukraine 
N 3028-IV of 1 November 2005) 
  (2) assignment of a quota on imports under special investigation with establishment of the amount of quotas and procedure of their allocation;     G/ADP/N/1/UKR/1 
 G/SCM/N/1/UKR/1 
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   (3) establishment of a special duty for Ukrain e's imports under special investigation.   
 
(part one of Article 16 is added with clause 3  
according to the Law of Ukraine N 663-IV of 3 April 2003) 
 2. The special duty determined by the Commission shall be paid by importer of the goods to Ukraine regardless of other taxes and fees (ob ligatory payments) paid on Ukraine's imports.   
 
 The rate of the special duty shall be determin ed in percentage points to the customs value of 
the goods under special investigation.  Customs va lue of these goods is calcu lated according to the 
basic terms of delivery CIF – Ukraine's border.  Th e special duty is to be paid in a corresponding 
amount and separately in every case with no discrimination and regardless of the exporting country.    
 The special duty shall be paid in cash or through bank transfer or through depositing the 
amount of duty on a deposit account or registering a r espective debt liability, if Ukraine's legislation 
does not determine otherwise.  Money shall be deposited at the location of the customs bodies, 
engaged in registering the goods under special investig ation.  The Service is to establish the procedure 
for clearing such payments.    
 By the end of the period for applying safeguard measures the Ministry is to submit a report 
and conclusions on the results thereof to the Commission.    
(part two of Article 16 in wording of  
the Law of Ukraine N 663-IV of 3 April 2003) 
 
3. The decision of the Commission on application of the safeguard measures shall contain the 
information on:    
- completion and the results of a special investigation;   
 
- safeguard measures to be applied, name and c ode of the product pursuant to the Harmonized 
Commodity Description and Coding System, and description of the products under special investigation, periods of validity of the permis sion to imports, volumes of quotas and (or) rate 
of special duty, time-limits for safeguard meas ures to be applied, th e date of commencement 
of application of the safeguard measures, the date of the Commission's decision entering into 
force, other information and regulations of application of the safeguard measures.   
 
(paragraph three of part three of Article 16 as amended by the 
Laws of Ukraine N 663-IV of 3 April 2003, N 3028-IV of 1 November 2005) 
 4. The assignment of quotas to importation of products to Ukraine, which are subject to 
application of the safeguard measures, shall be made  by means of issuance of special licenses by the 
Ministry.    5. In case of the assignment of quotas the Commission shall take into account the support of traditional flow of goods and/or the volumes of sales under contracts signed for the imports to 
Ukraine on which the Ministry and Serv ice have informed the Commission.   G/ADP/N/1/UKR/1 
G/SCM/N/1/UKR/1 G/SG/N/1/UKR/1 
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  6. Unless clear justification is given that a di fferent level is necessary to prevent or remedy 
serious injury, the quantitative restriction shall not reduce the quantity of imports below the level of a 
recent period which shall be the average of imports in the last three representative years for which 
statistics are available.   
 
(part six of Article 16 is in the wording of the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
7. In cases when a quota is allocated among e xporting countries such allocation may be agreed 
with them. If no agreement has been reached, a quot a shall be allocated am ong the exporting countries 
pursuant to their respective shares in imports to Uk raine, being an object of special investigation, 
during preceding period.    
(part seven of Article 16 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 8. The application of the surv eillance measures shall be terminated of the date of making 
decision by the Commission on appli cation of the safeguard measures. 
 
9. The safeguard measures may be applied to th e imports under special investigation throughout 
the whole territory of Ukraine or in one or several regions of Ukraine.  Where the product is about to 
be delivered to Ukraine its importation to the cust oms territory of Ukraine shall be permitted provided 
that:    
 (1) such product shall not be re-addressed by an importer;   
  (2) such product shall be imported to Ukrain e on submission by an importer to the customs 
authority of Ukraine of an appropriate permission to  importation of such product, issued pursuant to 
the Article 15 of this Law.    
10. In the process of investigation, the Commi ssion may adopt a decision to discontinue the 
special investigation without applying special measur es.  Such decision shall be adopted by majority 
of votes in the Commission upon submission by the Ministry of conclusions and report on results of the special investigation.    
(a new part was added to Article 16 according to the Law of Ukraine N 3028-IV of 1 November 2005, 
therefore parts ten and eleven shall be considered parts eleven and twelve) 
 11. On the Commission's assignment the Ministry shall publish in a newspaper the appropriate announcement and inform the Cabinet of Ministers of  Ukraine, Service or an appropriate body of 
executive power about the decision of the Commiss ion made pursuant to the provisions of this 
Article.   
 
(part eleven of Article 16 as amended by the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 
12. The Service, national producer or an a ppropriate body of executive power may require 
reviewing the aforementioned decision within 30 days  of the date of publishing the decision of the 
Commission.     G/ADP/N/1/UKR/1 
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   Pursuant to such request the Commission sh all initiate the revision of the aforementioned 
decision and make decision by a qualified majority vote whether to leave the decision on application of the safeguard measures unchanged, or to amend or nullify such decision.   
 
Article 17.  Factors of National Interest 
 
1. A conclusion in the matter of whether nati onal interests require an application of the 
safeguard measures shall be based on evaluation of all interests, including those of the national 
producer and consumers, an influence of the impor ts under special investigation on employment of 
population, on investments of the national pro ducer and consumers, on international economic 
interests of Ukraine.  Such conclusion pursuant to  this Article shall be made, provided that all 
interested parties have been given an opportunity to  express their point of view pursuant to part two of 
this Article.  In this connection special attention sh all be paid to the necessity of elimination of the 
affecting disproportion in trade and restoration of a competition.   
  The safeguard measures may not be applied if the Commission, on proposal of the Ministry, definitely determines, taking into account all availa ble information that application of such measures 
contradicts to the national interests.    
2. The applicants, importers, their incorpor ations (associations), consumers and their 
organizations may, within the terms specified in a notice on initiation of the special investigation, 
inform on their point of view and submit to the Mini stry their comments as to  whether the application 
of the safeguard measures meets the national interest s to be accounted in an appropriate decision of 
the Commission. 
 
 Such information or the respective summary ther eof may be directed by the Ministry to other 
parties described in this Article, which may submit their comments thereto.    3. The interested parties may require the hearings  to be held by the Ministry.  Such requests 
shall be satisfied if submitted to the Ministry in writing and in the terms fixed in the notice on 
initiation of a special investigation setting out special , from the point of view national interest, reasons 
to hold such hearings in the Ministry.    4. The Ministry shall consider the information pr ovided by a party pursuant to part two of this 
Article and determine to what extent such info rmation is representative.  The results of such 
consideration and dete rmination as to whether the information in question is well substantiated shall 
be directed to the Commission.  The summary of conclusions made by the members of the Commission, which have been reviewed at the he arings of the Commission, shall be taken into 
account in the Ministry's proposals given to the Commission pursuant to the provisions of this Law.     The information provided pursuant to this Ar ticle shall be taken into account if supported by 
sufficient evidences, which substantia te its impeccability pursuant to th e requirements of this Law.   
 5. The Ministry publishes in newspaper informa tion on the facts discovered and findings on all 
actual and legal aspects of the matte rs mentioned in the article.   
 
(part 5 of Article 17 was amended by the  
Law of Ukraine N252-VI of 10 April 2008) G/ADP/N/1/UKR/1 
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  Article 18.  Period of Application of the Safeguard Measures 
 
1. Safeguard measures shall be applied only for such period of time as may be necessary to 
prevent or remedy the consequences of serious in jury and to facilitate the process of the national 
producer's economic adjustment to the conditions of competition.  The period may not exceed four 
years unless it is extended in case where the Commissi on discovered the existence of circumstances 
listed in part two of this Article.    
(part one of Article 18 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 
2. The period of application of the safeguard measures necessary to prevent serious injury or 
remedy serious injury caused to the national pr oducer may be extended by a decision of the 
Commission if it has been established that:   
 
- such extension of the period of application of  the safeguard measures is necessary to prevent 
or remedy serious injury;   
 
(paragraph two of part two of Article 18 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 
- or there is evidence that the interested  national producer is adjusting.   
 
(paragraph three of part two of Article 18 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
  The period of application of the special the safeguard measures to the countries – Members 
WTO shall be extended if two conditions illustrated in paragraphs two and three of  this part exist.   
 3. Commission shall make decision on extension of the term for application of safeguard 
measures by simple majority vote.  If the application term of safeguard measures is extended they 
shall not be of more restrictive character than it was envisaged by previous decision of the Commission.    4. If the period of application of the safegua rd measures is over one such measures shall be 
progressively liberalized at regular intervals duri ng the next periods of application thereof.   
 
(part four of Article 18 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 5. The total period of application of a safeguard  measure including the period of application of 
any provisional measure, the period of initial appli cation and any extension thereof, shall not exceed 
eight years.    
(part five of Article 18 is in the wording 
of the Law of Ukraine N 3028-IV of 1 November 2005) 
 
Article 19.  Revision of Safeguard and Sur veillance Measures against Imports to Ukraine 
 
1. During the period of application of the safeguard measures, on request of the Service or appropriate body of executive power, the Commission shall hold the hearings.    G/ADP/N/1/UKR/1 
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   Paragraph two of part one of  Article 19 is deleted.   
 
(according to the Law of Ukraine N 3028-IV of 1 November 2005) 
 
 At such hearings the Commission shall review the consequent impacts of application of the 
appropriate measures, establish the necessity of increase in pace of liberalization of the imports to Ukraine which is subject to application of the saf eguard measures, and necessity of extension of the 
period thereof.   
 
 If the duration of the safeguard measures exceed s three years, such measures shall be subject 
to liberalization not later than the mid-term of th e measures.  If appropriate, such measures shall be 
withdrawn or the pace of liberalization shall be increased.    
(a paragraph was added to  part one of Article 19 
by the Law of Ukraine N 3028-IV of 1 November 2005) 
  Measures extended according to part two of Article 18 of the present Law shall not be more restrictive than it was at the end of the initial period, and should continue to be liberalized.   
 
(a paragraph was added to part  one of Article 19 by the  
Law of Ukraine N 3028-IV of 1 November 2005) 
 2. If upon termination of the hearings described  in part one of this Article the Commission 
makes conclusion on the necessity of nullification or revision of the surveillance or safeguard 
measures illustrated in the Articles 14, 15 and 16 of th is Law, it shall make an appropriate decision on 
nullification or revision thereof.     The Commission shall make such decision by a qualified majority vote.  A notice on such 
decision shall be published by the Ministry in the newspaper.    
3. A decision on application of the safeguard measu res may be appealed in the court pursuant to 
the Law of Ukraine within one month of the date of application of such measures.   
 
Article 20.  Peculiarities in Application of Safeguard Measures 
 1. No safeguard measures shall be applied again to the import of a product, which have been 
subject to such a measure, for a period of time eq ual to that during which such measure had been 
previously applied.  The period of non-application shall be at least two years.     Safeguard measures may be applied again to the import of a product if:    
(1) at least one year has elapsed since the date of application of the safeguard measures to the 
import;     (2) such safeguard measures have  not been applied to the same import more than twice in the 
five-year period immediately preceding the date of introduction of such measures.   
 
2. A decision to apply safeguard measures again shall be made by a qualified majority vote of 
the Commission.  Safeguard measures may be app lied again to the import of product (products) to 
Ukraine for the period of up to 180 days.  A notice on making such decision by the Commission shall be published by the Ministry in the newspaper.   G/ADP/N/1/UKR/1 
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  Article 21.  Application of Safeguard Measures to  the Import to Ukraine from the Developing 
Countries – Members of WTO 
  Safeguard measures shall not be applied agai nst a product imported to Ukraine if it is 
originated in a developing country – Member of WT O provided that the total share of imports thereof 
to Ukraine does not exceed 3 per cent, at the c ondition that, collective import share of developing 
countries – Members of WTO is not more than 9 per cent of total imports to Ukraine.    
(Article 21 as amended according to  
the Law of Ukraine N 663-IV of 3 April 2003) 
 
 
Chapter VI 
FINAL PROVISIONS 
 
Article 22.  Enactments of the Commission, Ministry and Service 
 
 The Commission, Ministry and Service may, pur suant to and for implementation of this Law, 
within their competence pass the appropriate enactmen ts.  Such enactments shall come in force within 
the time-limits specified therein if not otherwise provi ded by this Law, but not prior to the date of the 
their publishing in the newspaper or otherwise giving public notice to the interested parties and shall 
be binding for execution thereon.     The Commission shall provide explanation and in terpretation for the provisions of this Law to 
apply.   
 
Article 23.  Notification of the Compet ent Authorities of the Interested Countries 
 
 The Ministry of Foreign Affairs of Ukraine shall notify the government of the exporting country of initiation, execution or completion of a special investigation and/or application of 
safeguard measures stipulated by this Law.   
 
Article 24.  Enactment Procedure 
 
1. This Law shall be in effect as of 30 days from the date of publishing.   
 
2. Paragraph three of part two of Article 2, para graph four of part two of Article 18, Article 21 
of the present Law shall be applied as of the date  of Ukraine's joining the GATT and accession to the 
WTO.    
(part two of Article 24 as amended according to  
the Law of Ukraine N 663-IV of 3 April 2003) 
 3. The Laws and other normative and legal acts of Ukraine shall apply if not in conflict with the 
provisions of this Law.    
 
President of Ukraine      L. KUCHMA 
Kyiv 22 December 1998 N 332-XIV  G/ADP/N/1/UKR/1 
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  ABSTRACT FROM THE LAW NO 959-XII OF  16 APRIL 1991 "ON FOREIGN ECONOMIC 
ACTIVITY" (ARTICLES 1, 9 AND 31) 
 
Abstract from the Law of Ukraine No 959-XII of 16 April 1991 "On Foreign Economic Activity" 
(articles 1, 9 and 31) relevant to anti-dumping, countervailing and safeguard measures in the meaning 
of WTO Agreements on the Implementation of Artic le VI, on Subsidies and Countervailing Measures, 
and on Safeguards 
 
 
Relevant amendments to the Law "On Foreign Economic Activity" were introduced by the 
Laws No 335-XIV of 22 December 1998, No 360-V of 16 November 2006 
 
 
_____________________________________________________  
LAW OF UKRAINE 
ON FOREIGN ECONOMIC ACTIVITY 
(Changed and amended according to 
Law of Ukraine 
No 2139-12 of 19 February 1992; 
Resolutions of the Supreme Council of Ukraine 
No 2330-12 of 12 May 1992; No 2489-12 of 23 June 1992; 
Decrees of the Cabinet of Ministers of Ukraine 
No 6-92 of 9 December 1992; 
No 4-93 of 11 January 1993; 
No 6-93 of 12 January 1993; 
No 15-93 of 19 February 1993; 
No 25-93 of 17 March 1993; 
Laws of Ukraine 
No 3898-12 of 1 February 1994; 
No 68/95 of 15 February 1995; 
No 75/95 of 28 February 1995; 
No 82/95 of 2 March 1995; 
No 90/95 of 14 March 1995 ) 
No 335-XIV of 22 December 1998; 
No 1182-XIV of 21 October1999; 
No 1595-III of 23 March 2000; 
No 1807-III of 08 June 2000; 
No 2953-III of 17 January 2002; 
No 3047-III of 07 February 2002; 
No 362-IV of 25 December 2002; 
No 762-IV of 15 May 2003; 
No 860-IV of 22 May 2003; 
No 1294-IV of 20 November 2003; No 1315-IV of 20 November 2003; No 2157-IV of 04 November 2004; 
No 2709-IV of 23 June 2005; 
No 3078-IV of 15 November 2005; 
No 3268-IV of 22 December 2005  
No 139-V of 14 September 2006 G/ADP/N/1/UKR/1 
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  No 358-V of 16 November 2006 
No 360-V of 16 November 2006 
No 253-VI of 10 April 2008  
 
(For the official construction of the Law refer to  Decision of the Constitutional Court of Ukraine 
No 16-rp/98 of 26 November 1998) 
(In the title and body of the text of this La w the words "Ukrainian Soviet Socialist Republic", 
"Ukrainian SSR", "Government", "Council of Minist ers of the Ukrainian SSR", "Ministry of Foreign 
Economic Contacts of the Ukrainian SSR", "State Department for Customs Control of the Ukrainian 
SSR", and "court or arbitration" replaced, acco rdingly, by the words "Ukraine", "Cabinet of 
Ministers of Ukraine", "Ministry of Economy of U kraine", "Customs Service of Ukraine" and "court" 
according to Law of Ukraine No 335-XIV of 22 December1998) 
(Throughout the text hereof, the words "Ministry of Foreign Economic Contacts and Trade" in all 
cases have been replaced w ith the words "Ministry of Economy"  in appropriate cases according to 
Law of Ukraine No 1595-III of 23 March 2000) 
(Throughout the text hereof, the words "Ministry of Economy of Ukraine" in all cases have been 
replaced with the words "central economic policy executive agency" a ccording to Law of Ukraine No 
860-IV of 22 May 2003) 
  
Chapter I.  GENERAL PROVISIONS 
 Article 1.  Terms Definitions 
  For the purpose of this Law the below specified te rms shall be used in the following meaning.   
  Audit - a revision of open accounts, stock- taking, constituent documents and other 
information on financial-economic activities of business entities with a view of establishing the authenticity of the accounts, stock-taking, its comp leteness and correspondence to the legislation and 
norms in force.   
 
(Paragraph 2 of Article 1 in the wording of Law of Ukraine No 90/95 of 14 March 1995) 
 
 Currency money - values in currency:    
- foreign currency in cash, 
- payment documents (checks, promissory notes, bills of exchange, deposit certificates, letters 
of credit and others) in foreign currency;   
- securities (shares, bonds, coupons for them, pr omissory notes) in foreign currency;   
- gold and other precious metals in bullion, plates,  coins and also certificates, bonds, warrants 
and other securities with their nominal in gold, precious gems; 
 
 Economic activity - any type of activity, including business undertakings, connected with 
production and material and non-material exchange in form of goods;     Dumping shall be understood as importation1 of goods at prices lower than the comparable 
prices of similar goods in the country of export, th us damaging the domestic producers of such goods;   
 
(Paragraph 9 of Article 1 in the wording of La w of Ukraine No 335-XIV of 22 December 1998)  G/ADP/N/1/UKR/1 
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   Export (export of goods) shall be understood as sales of goods by Ukrainian business entities 
in the foreign trade sphere (including such sales with payments made in other than the pecuniary 
form) with or without transferring these goods acro ss the customs border of Ukraine, including re-
export of goods.  In this context re-export (re -export of goods) indicates sales to foreign business 
entities and exportation of previously imported goods;    
(Paragraph 10 of Article 1 in the wording of Law of Ukraine No 335-XIV of 22 December 1998) 
 
 Export (import) of capital - forwarding outside Ukraine (bringing to Ukraine) of capital in any 
form (currency money, goods, services, jobs, co py rights and other non-property rights) for the 
purpose of receiving incomes from productive a nd other forms of economic activities;   
 
Foreign economic activity - activities of economic entities of Ukraine and foreign economic 
entities, based on mutual relations between them, which take place both on the territory of Ukraine 
and abroad;    
Foreign economic agreement (contract) - a mate rially formed agreement between two or 
more foreign economic entities and their foreign c ounteragents, aimed at establishing, changing or 
terminating their mutual rights and duties in foreign economic activities;   
 
Import (import of goods) shall be underst ood as acquisition (including purchase with 
payments made in other than the pecuniary form) of goods by Ukrainian business entities from 
foreign counterparts, with or without importa tion of these goods, including such purchases made for 
own consumption by institutions and organisations of Ukraine located beyond its borders;   
 
(Paragraph 14 of Article 1 in the wording of Law of Ukraine No 335-XIV of 22 December 1998) 
 
Foreign currency:    
- currency in cash, monetary units (banker's bills, st ate treasury notes, coins) in circulation and 
be legal as payment means on the territory of a respective foreign country and also withdrawn 
from the circulation monetary units be subject of exchange for currently valid monetary units;   
- payment documents in monetary units of forei gn countries and international currency units;   
- money in monetary units of foreign countries,  international currency units and Ukrainian 
national currency with free c onversion, which are on accounts and deposits in banking-credit 
institutions on the territory of Ukraine and abroad;   
  Foreign investments - all types of property and intellectual values, invested by foreign 
economic entities into Ukraine, resulting in inco mes (profits) or some social effect;   
  Foreign economic entities - subjects of economic activities, permanently locating or residing 
outside Ukraine;   
 
(Paragraph 20 of Article 1 change d and amended according to Law of Ukraine No 2157-IV of 
04 November 2004) 
  Quotas (contingents) global - quotas for goods without specification of countries (groups of 
countries), where goods are exported or from which goods are imported;     Quotas (contingents) of group nature - quotas fo r goods with specification of countries, where 
goods are exported or from which goods are imported;   G/ADP/N/1/UKR/1 
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  Export (import) quota - limit in volume for so me category of goods, permitted for export 
from Ukraine (import to Ukraine) during the establishe d term and which is set up in products or cost 
units;   
 
Quotas (contingents) individual - quotas for goo ds with specification of a definite country, 
where goods may be exported or from which goods may be imported;   
  Paragraph 25 of Article  1 is expelled.   
 
(Paragraph 25 was added to Article 1 according to  Law of Ukraine No 335-XIV of 22 December 1998  
Paragraph 25 was expelled according to Law of Ukraine No 360-V of 16 November 2006) 
 
 Paragraph 26 of Article  1 is expelled.   
 
(Paragraph 26 was added to Article 1 according to  Law of Ukraine No 335-XIV of 22 December 1998  
Paragraph 26 was expelled according to Law of Ukraine No 360-V of 16 November 2006) 
 
 Special quotas shall be understood as a margin al import volume enforced with regard to 
certain goods subject to a special investigation and/ or special measures, and which goods are allowed 
to be imported over a certain period, expressed in natural and/or cost units of measurement;   
 
(Paragraph 27 was added to Article 1 according to Law of Ukraine No 335-XIV of 
22 December 1998) 
  Paragraph 28 of Ar ticle 1 is expelled.   
 
(Paragraph 28 was added to Article 1 according to  Law of Ukraine No 335-XIV of 22 December 1998  
Paragraph 28 was expelled according to Law of Ukraine No 360-V of 16 November 2006) 
 
 Paragraph 29 of Article  1 is expelled.   
 
(Paragraph 29 was added to Article 1 according to  Law of Ukraine No 335-XIV of 22 December 1998 
Paragraph 29 was expelled according to Law of Ukraine No 360-V of 16 November 2006) 
 
 Special license shall be understood as a properly executed right to import, over a certain 
period, certain goods subject to a special i nvestigation and/or special procedures.   
 
(Paragraph 30 was added to Article 1 according to  Law of Ukraine No 335-XIV of 22 December 1998 
due to this, paras 25 - 46 shall be read as parts 31- 52 respectively) 
 
 Open license (individual) - a permit for export (import) of goods during a set up term (but no 
less than one month) with specification of its total volume;   
  General license - an open permit for export (impor t) operations for specified goods and / or a 
specified country (group of countries) during the validity term for license;    
 Export (import) license - a right for export (import) of specified goods or currency money for 
investments and crediting during a set up term;    G/ADP/N/1/UKR/1 
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  Single license (individual) - a one-time permit give n to a certain entity for realisation of an 
individual operation by a specified foreign economic  entity for the period no shorter than one required 
for realisation of export (import) operation;   
 
 Customs regulation - regulation for questi ons connected with customs duty taxes and 
collections, procedures for customs control, organi sation of activities of customs control bodies of 
Ukraine;    
 International co-operation - co-operation of tw o or more economic entities, provided at least 
one of them is foreign, for joint design or producti on, joint realisation of finished products and other 
goods based on specialisation in production of half-fini shed products (spare parts, units, materials, 
equipment used in complex units) or specialised  in technological phases (functions) of scientific-
research works, production and r ealisation with co-ordination of respective programs for economic 
activities;   
  Moment of realisation of export (import) c ontract - moment, when all obligations under the 
concluded contract, including forming instrume nts (bills of exchange) or concluding credit 
agreements;    
Moment of realisation of export (import) - moment, when goods cross customs border of 
Ukraine or property rights for specified goods, expor ted or imported, is transferred from seller to 
buyer;   
(Paragraph 38 of Article 1 changed a nd amended according to Law of 
Ukraine No 2157-IV of 04 November 2004) 
 
 Moral damage - a non-material damage cau sed to foreign economic entities and which 
resulted or may result in material losses;     Limited business practice - realisation of individual or collective measures to limit 
competitiveness and monopolise production, division, exchange, consumption of goods and receiving 
superprofits;   
 
Transfer of currency money outside Ukraine - a transfer of (currency) money for the benefit 
(to an account) of a foreign econo mic entity or to a banking-cred it institutions, which is not an 
economic entity of Ukraine;   
 
Advance import deposits - investments made by foreign economic en tities to non-interest 
banking accounts, which serve them on the territory of  Ukraine, for the period from the validity date 
of the agreement (contract) until the transfer of  goods under this agreement (contract) across the 
customs border of Ukraine or transfer of goods by foreign economic entities on the territory of 
Ukraine, money in the currency under the agreement (contract) to the amount, established in set up 
interests to the cost of resp ective agreement (contract);   
 
(Paragraph 42 of Article 1 change d and amended according to Law of Ukraine No 2157-IV of 
04 November 2004) 
  Permanent location - location of  the officially registered ch ief managing body of a foreign 
economic entity;   G/ADP/N/1/UKR/1 
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   Permanent residence - residence on territory of  a country for no less than one year for a 
physical person, who does not have a permanent re sidence on territories of other countries and having 
an intention to live on the territory of this country , provided this choice of residence is not motivated 
by official duties or duties under the agreement (contract);   
  Representative office of foreign economic entity  - establishment or person, who represents 
interests of a foreign economic entity in Ukra ine and has duly formed respective powers;   
 
Special economic zone - territory, on which a r espective law of Ukraine establishes a special 
legal regime for economic activities and special procedure for accomplishment and validity of the 
legislation of Ukraine;     Joint business (economic) activity - an activ ity based on co-operation of Ukrainian and 
foreign economic entities and share of results and risks of its realisation;   
 
Joint ventures - enterprises based on joint cap ital of Ukrainian economic entities and foreign 
countries, joint managing and share results and risks of their activities;    
(Paragraph 48 of Article 1 change d and amended according to Law of Ukraine No 2157-IV of 
04 November 2004) 
 
 Goods - any products, services, jobs, intellectua l property rights and ot her non-property rights 
allotted for sale;    
 Goods group - a group of homogeneous goods under the designed system and codes;   
 
Transit of goods - transit of goods, produced out side Ukraine, through the Ukrainian territory, 
provided these goods are not used in Ukraine;    
Lost profit - income or profit, which might have been received by a foreign economic entity, 
but for circumstances, not depending on this foreign economic entity.   
 
Article 9.  Bodies for State Regulation of Foreign Economic Activities 
 
 The supreme body, realising the state regula tion of foreign economic activities, is the 
Verkhovna Rada
* of Ukraine.  The competence of the Ve rkhovna Rada of Ukraine shall include:   
 
- adoption, change and termination of la ws as to foreign economic activities;   
- approval of main directions of the fo reign economic policy of Ukraine;   
- consideration, approval and change of the st ructure of bodies for the state regulation of 
foreign economic activities;   
- concluding international agreements of Ukra ine in accordance with the laws of Ukraine on 
international agreements of Uk raine and bringing the current legislation of Ukraine into 
accord with the regulations, provided by these agreements;   
 
Paragraph 6 of Part 1 of Article 9 has been suspended.   
 
(The validity of Paragraph 6 of Part 1 of Article  9 has been suspended according to Decree No 15-93 
of 19 February 1993) 
                                                      
* Verkhovna Rada shall mean the Parliament  of Ukraine.    G/ADP/N/1/UKR/1 
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  - setting up special regimes for foreign economic activities on the territory of Ukraine in 
accordance with articles 24, 25 of this Law;   
- approval of lists of goods, wh ich export and import shall be licensed or prohibited in 
accordance with articles 16, 17 of this Law.   
 
(Paragraph 8 of Part 1 of Article 9 in the wording of Law of  
Ukraine No 335-XIV of 22 December 1998) 
 
 The Cabinet of Ministers of Ukraine shall:   
 
- take measures to carry out the foreign economic policy of Ukraine in accordance with laws of 
Ukraine;   
- co-ordinate activities of ministries, state co mmittees and governmental departments of 
Ukraine for regulation of foreign economic ac tivities;  co-ordinate the work of trade 
representations of Ukraine in foreign countries;   
- take normative acts for managing foreign econom ic activities, where it is provided by the 
laws of Ukraine;   
- negotiate and conclude international agreemen ts of Ukraine on foreign economic activities, 
where it is provided by the laws of Ukraine on international agreements of Ukraine, provide 
realisation of international agreements of Uk raine on foreign economic activities by all state 
managing bodies, subordinated to the Cabinet of Ministers of Ukraine;   
- within their competence, set up by the laws of Ukraine, submit for consideration to the 
Verkhovna Rada of Ukraine proposals on the sy stem of ministries,  state committees and 
governmental departments - bodies of operativ e state regulation of foreign economic 
activities, which powers can not be superior to  the powers of the Cabinet of Ministers of 
Ukraine, which it has in accordance with the laws of Ukraine;   
- provide making up the payment balance, hard currency plan of Ukraine;   
- take measures to provide rational use of money of the State currency fund of Ukraine;   
- ensure the implementation of decisions of th e United Nations Security Council on issues 
related to foreign economic activities.   
 
(The Paragraph added to Part 2 of Article 9 according to  
Law of Ukraine No 362-IV of 25 December 2002) 
 
 The National Bank of Ukraine shall:   
 
- provide keeping and use of the gold and currenc y reserve of Ukraine and other state values, 
which provide for Ukraine ability to pay;   
- represent interests of Ukraine in relations with  the central banks of other countries and other 
financial-credit institutions and conclude  respective interbank agreements;   
- regulate the rate of the national currency of Uk raine to monetary units of other states;   
- 
prepare reports and accounts as to state credits a nd loans, realise operations with centralised 
currency resources, which are allotted from the St ate currency fund of Ukraine to the disposal 
of the National Bank of Ukraine;   
  Paragraph 6 of Part 3 of Article 9 has been suspended.   
 
(The validity of Paragraph 6 of Part 3 of Article  9 has been suspended according to Decree No 25-93 
of 17 March 1993) G/ADP/N/1/UKR/1 
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  - realise other functions in accordance with  the Law of Ukraine "Banks and Banking 
Activities" and other laws of Ukraine. The National Bank of Ukraine may delegate these 
functions to a bank for realisation of foreign economic activities of Ukraine. 
 
 The central economic policy executiv e agency of Ukraine shall:   
 
- provide a single foreign economic policy duri ng foreign economic ac tivities exercised by 
foreign economic entities coming out to the fore ign market, co-ordination of their foreign 
economic activities, including following the in ternational agreements of Ukraine;   
- exercise control over all foreign economic entities follow the current laws of Ukraine and the 
conditions under interna tional agreements;   
 
(Paragraph 4 of Part 4 of Article 9 has been su spended according to Decree of the Cabinet of 
Ministers of Ukraine No 6-93 of 12 January 1993) 
 
- carry out antidumping, antisubsidy, and special investigations in keeping with procedures 
established by the laws of Ukraine;   
 
(Paragraph 5 was added to Part 4 of Article 9 according to Law of 
Ukraine No 335-XIV of 22 December 1998) 
 
- fulfil other functions in accordance with the laws of Ukraine and the Regulations on the 
central economic policy executive agency.   
 
 The Customs Service of Ukraine shall:   
 
- exercise customs control in Ukra ine in accordance with the Ukrain ian legislation in force;   
  The Antimonopoly Committee of Ukraine shall:    
- exercise control over foreign economic entities' ob serving the legislation on the protection of 
the economic competition.   
 
(Part 6 was added to Article 9 according to Law of Ukraine No 82/95 of 2 March 1995;  changed and 
amended according to Law of Ukraine No 1294-IV of 20 November 2003) 
 
 Interdepartmental Commission on International Trade shall:    
- exercise on-line state regulation of foreign trade activities in Ukraine in keeping with the laws 
of Ukraine;   
- make decisions relating to the commencement and execution of antidumping, antisubsidy or 
special investigations, and antidumping, countervailing or special measures.   
 
(Part 7 was added to Article 9 according to La w of Ukraine No 335-XIV of 22 December 1998) 
 
Article 31.  Measures against Unfair Competit ion and Growing Import in the Foreign Trade 
Sphere  
 Unfair competition in the foreign trad e sphere shall be understood as:   
 
- dumping import subject to antidumping measures;    G/ADP/N/1/UKR/1 
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  - subsidised import subject to  countervailing measures;   
 
- other acts recognised as unfair competiti on under the laws of Ukraine.   
 
 Growing import shall be unde rstood as imports in amounts and/or in conditions causing 
considerable damage or threatening such dama ge to Ukrainian producers of such goods.   
 
Proceeding from the results of antidumping, antisub sidy or special investigations carried out 
under the laws of Ukraine, decisions shall be  made on antidumping, countervailing or special 
measures, which decisions may be appealed from in  due course of law within one month from the 
date of commencement thereof, in keeping with procedures established by the laws of Ukraine.   
  Free trade, preferential, and special preferentia l trade regimes (frontier (coastal) trade, special 
(free) economic areas, and other procedures envisaged by the laws of Ukraine), customs and other 
privileges effective when importing goods subject to  antidumping, countervailing or special measures 
shall be suspended for the duration of the above procedures.    
(Article 31 as amended by the Laws of Ukrain e No 75/95-VR of 28 February 1995, No 82/95-VRof 
02 March 1995;  in the wording of Law No 335-XIV of 22 December 1998) 
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  T
HE LAW OF UKRAINE  
 
THE LAW "ON AMENDMENTS TO THE LAW OF UKRAINE "ON THE UNIFIED 
CUSTOMS TARIFF", 22 DECEMBER 1998, NO.334-XIV 
 
22 December 1998 
  
 Verkhovna Rada
* of Ukraine hereby decides:   
 1. The Articles from 11 to 15 of the Law of Ukra ine "On the Unified Customs Tariff" (Gazette 
of Verkhovna Rada of Ukraine, 1992, No. 19, Article 259 1993, No. 12, Article 107, No. 24, 
Article 270;  1996, No. 41, Article.192;  1997, No. 20, Article 144) 
 
shall be in the following reading:   
 
"Article 11.  Special duties  For the purpose of protection of the econom ic interests of Ukraine, the Ukrainian 
producers and for the purposes stipulated by the acts of Ukraine, in case of 
importation to, or exportation from the custom s territory of Ukraine of the products, 
the following duties may be levied on such products, irrespective of other duties imposed thereon:    
special duty; 
 anti-dumping duty;  countervailing duty.  
Article 12.  Special duty 
 A special duty shall be levied on:  as a safeguard measure to protect national producer in case of imports of product to 
Ukraine in the volumes and/or under conditions, which cause or threaten to cause 
serious injury to the national industry;    as a safeguard measure against the parti es involved in foreign economic activities 
violating the national interests in the sphe re of the foreign economic activities;   
 
as the countermeasures against discriminativ e and/or unfriendly actions of other 
countries, customs unions and economic groups, restricting realization of the lawful 
rights and interests of the subjects of fo reign economic activitie s and/or infringing 
the interests of Ukraine.   
                                                     
 
* Verkhovna Rada shall mean the Parliament of Ukraine.    G/ADP/N/1/UKR/1 
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  Article 13.  Anti-dumping duty 
 An anti-dumping duty shall be levied on:   
 
pursuant to the Law of Ukraine "On Protection of National Producer From Dumped Imports" in case of imports to the customs territory of Ukraine of dumped products, 
which cause injury to the national industry;    
in case of exports of the product from the customs territory of Ukraine at prices, 
which are significantly lower than prices of other exporters of the like or directly 
competitive products at the date of exporta tion, if such exports cause injury.   
 Article 14.  Countervailing duty  
pursuant to the Law of Ukraine "On Pr otection of National Industry Against 
Subsidized Imports" in case of imports to the customs territory of Ukraine of subsidized products, which cause injury to the national industry;    in case of exports of the product from th e customs territory of Ukraine for the 
production, processing, sales, transportation, exportation or consumption of which, a 
direct or indirect subsidy has been gr anted, if such exports cause injury.   
 Article 15.  Procedure of imposition of the special duties  
The imposition of the special duties shall be based on the decisions on application of 
the anti-dumping, countervailing or special safeguard measures made pursuant to the 
Laws of Ukraine "On Protection of Nationa l Producer From Dumped Imports", "On 
Protection of National Industry Against S ubsidized Imports" "On Application of 
Safeguard Measures Against Imports to Ukraine".    
Where the import is subject to application of the countervailing or special safeguard 
measures, no privileges shall be granted or  those granted shall be suspended or 
terminated by an appropriate authority, which has granted such privileges".   
 2. This Law shall be in effect from the date of publishing.   
 
President of Ukraine     L. KUCHMA 
City of Kyiv G/ADP/N/1/UKR/1 
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  CABINET OF MINISTERS OF UKRAINE 
  
RESOLUTION OF THE CABINET OF MINIST ERS OF UKRAINE "ON APPROVING THE 
PROCEDURE FOR PROTECTING INTERESTS OF DOMESTIC PRODUCERS DURING 
THE CONDUCT BY FOREIGN COUNTRIES, THEIR ECONOMIC OR CUSTOMS UNIONS 
OF ANTIDUMPING, SPECIAL SAFEGUARD AND COUNTERVAILING 
INVESTIGATIONS IN RESPECT OF IMPORTS OF UKRAINIAN ORIGIN" 
of 7 June 2006 No. 801 
 
Kyiv 
  
 To enhance the protection of domestic producers'  interests and ensure free access of goods of 
Ukrainian origin to the foreign market, th e Cabinet of Ministers of Ukraine hereby resolves :   
  To approve the Procedure for protecting in terests of domestic producers during the conduct 
by foreign countries, their economic or custom s unions of antidumping, special safeguard and 
countervailing investigations in respect of im ports of Ukrainian origin (attached).   
 
  
 
Prime Minister of Ukraine   
Yu. Yekhanurov  
 
 Ind. 27       
APPROVED 
by Resolution of the Cabinet of Ministers of Ukraine of 7 June 2006, No. 801    G/ADP/N/1/UKR/1 
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  PROCEDURE 
for protecting interests of domestic producers during the conduct by foreign countries, their 
economic or customs unions of antidumping, special safeguard and countervailing 
investigations in respect of imports of Ukrainian origin 
 
1. This Procedure shall stipulate the mechan ism for the effectuation by central executive 
authorities of the protection of interests of domes tic producers that are carrying out transactions to 
supply Ukrainian-origin goods at the time when fo reign countries, their economic or customs unions 
conduct antidumping, special safeguard and counterva iling investigations in respect of imports of 
such goods (the "investigations").    2. The Ministry of Economy shall ensure the prot ection of interests of domestic producers at the 
time when an investigation is being conducted.   
 
 The Ministry of Foreign Affairs, using fore ign diplomatic missions  of Ukraine and other 
central executive authorities, shall assist the Minist ry of Economy in carrying out such protection.   
 3. If any information should be received from fo reign diplomatic missions of Ukraine regarding 
an ongoing investigation, they shall promptly send it in accordance with th e established procedure to 
the Ministry of Economy.     Interested domestic producers may directly inform the Ministry of Economy of an investigation being conducted.   
 
4. After receiving information about the conduct of  an investigation, the Ministry of Economy 
shall:     provide information to this effect to the in terested central executive authorities and domestic 
producers and, if needed, request additional informat ion from those relating to the investigation;   
 
 apply to the State Customs Service for inform ation regarding export operations to supply 
Ukrainian-origin goods (information about expor ters, importers, the value and volume of goods 
shipments, etc.) in respect of which the investigation is conducted.    
 Upon receiving an inquiry from the Ministry of Economy, central executive authorities and 
domestic producers shall promptly submit necessary in formation.  The domestic producer may specify 
that the information is confidential.  In this case,  the Ministry of Economy shall ensure non-disclosure 
of the information.    5. The domestic producer shall, upon request or on its own initiative, inform the Ministry of 
Economy of its intention to participate in the investigation as an interested party.   
  If the domestic producer has not submitted the n ecessary information or notified of its refusal 
to participate in the investigation, the Ministry  of Economy shall, based on information provided by 
interested central executive authorities and domestic  producers, approve the decision on expedience of 
Ukrainian Party's participating in the investigation.   G/ADP/N/1/UKR/1 
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  6. To ensure participation by the Ukrainian Part y in the investigation, the Ministry of Economy 
shall, directly or through the Ministry of Foreign Affairs, apply within the established deadline to the 
competent authorities of the relevant foreign country, economic or customs union of countries (the 
"competent authorities") with the view to receivi ng the materials, based on which the decision was 
approved to conduct the investigation as well as to re gister the Ministry of Economy as an interested 
party to the investigation.     The registration of the domestic producer as an in terested party to the investigation shall be 
ensured by the domestic producer itself, which fact sh all be notified to the Ministry of Economy.   
 7. Before competent authorities of the foreign country approve a final decision based on the results of the investigation, the Ministry of Economy shall be entitled to:    
- independently or together with representatives from the Ministry of Foreign Affairs, other 
central executive authorities, and interested domestic producers, initiate the conduct and 
participate in consultations with competent authorities regarding the investigation;   
 
- prepare a justification of the Ukrainian party's position and send it to the competent 
authorities;   
 
- independently or together with representatives from the Ministry of Foreign Affairs, other 
central executive authorities, and interested dom estic producers, participate in public events 
(hearings, meetings) that are held as part of the investigation;   
 
- conduct negotiations, if necessary, prepare and submit proposals in accordance with the 
established procedure regarding the entry into international treaties with foreign countries 
with the view to ensuring free access by Ukra inian-origin goods to the foreign market.   
 8. The Ministry of Economy shall inform the interested central executive authorities of the 
results of the investigation.   
 
9. If a foreign country, an economic or cust oms union of countries should apply antidumping, 
countervailing and other restrictive measures to goods of Ukrainian origin, or should they review any 
restrictive measures introduced earlier, the protection of domestic producers' interests shall be carried 
out in accordance with this Procedure.   
 
 
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