. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q1/UKR/4 
G/SCM/Q1/UKR/4 28 October 2008 
 
 
(08-5234) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to Questions Posed by CHINA
1 Regarding  
the Notification of UKRAINE2 
 
 
 The following communication, dated 27 October 2008, is being circulated at the request of 
the Delegation of Ukraine.  
_______________ 
 
 
Question 1 
 
 Article 12.3 of Chapter 3 authorizes trade unions of employees the right of filing a complaint, asking the Ministry of Economy to initiate an anti-dumping procedure.  Please 
clarify whether industry representativeness will be considered in this circumstance.   
 
Reply
 
 
The industry representatives' right to file a complaint is provided for in paragraph 1 of 
Article 12.3. 
 
Question 2 
 
 Article 13.9 of Chapter III stipulates that "(i) information and evidence, supplied to the 
Ministry by one of the interested parties durin g an anti-dumping investigation, shall be 
forwarded by this interested party to all other interested parties".   Does this mean that the questionnaires and other materials submitted by the responding 
companies shall all be forwarded to other inte rested parties?  If so, the expenses of the 
responding companies will be highly increased a nd the protection of confidential information 
will be adversely affected.    
Reply
 
 
Yes, the answers to questionnaires and other ma terials submitted by the respondent company, 
other than confidential , must be distributed among other interested parties.  Therefore, the right to 
protect confidential information is not violated.  The distribution requirement set forth in Ukrainian 
                                                      
1 G/ADP/Q1/UKR/1-G/SCM/Q1/UKR/1. 
2 G/ADP/N/1/UKR/1.   G/ADP/Q1/UKR/4 
G/SCM/Q1/UKR/4 Page 2 
 
 
  legislation demonstrates transparency of the in vestigation procedure an d ensures the right of 
interested parties to have information on the substance of the investigation.   
 
Question 3 
 
 Article 22 of Chapter V proscribes accelerated reconsideration in anti-dumping measures.  What are the differences in proced ure between accelerated reconsideration, original 
investigation and reviews?    
Reply
 
 
Initial antidumping investigation is carried out to establish facts of dumping, injury and a 
cause-and-effect relationship between them.  An accele rated review is carried out to establish the rate 
of the final antidumping duty for an exporter who is importing in the country of import the goods 
subject to the final antidumping duty, but who has not been identified as a separate subject to the 
preliminary antidumping investigation for reasons othe r than refusing to cooperate with the Ministry.  
A review of antidumping measures in connection with their expiry is initiated to examine if the discontinuation of antidumping measures is likely to cause continuation or renewal of dumping and 
injury.  An intermediary review is carried out to  determine if circumstances relating to the dumping 
and injury have changes significantly;  if th e antidumping measures have produced the expected 
outcome and if the injury that h as been earlier established is being prevented.  The Ministry also 
reviews antidumping measures to identify individual dumping margins for new exporters or producers 
from the exporting country, who are subjects of the review and were not exporting the product in the 
period of the investigation which resulted in the application of antidumping measures.   
 
Question 4 
  What is the relationship between the Mi nistry, the Service and the Commission in 
anti-dumping procedures?    
Reply
 
 
 Under Article 3 of the Law of Ukraine "O n protection of national producers from dumping 
imports", the Ministry, the Service and Committee are the authorities which carry out antidumping investigations and which cooperate with each other to implement provisions of the Law.  At the same 
time, Committee is authorized to make decisi ons regarding expediency of initiation of an 
investigation and application of restrictive measures. 
 
__________