UKRAINE – ANTI-DUMPING MEASURES ON AMMONIUM NITRATE NOTIFICATION OF AN APPEAL BY UKRAINE UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU), AND UNDER RULE 20(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
Document: AND UNDER RULE 20(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
Date: 27 August 2018
Document codes: WT/DS493/6
Complainant: Russia
Respondent: Ukraine
Third parties: Argentina, Australia, Brazil, Canada, Colombia, China, EU, Japan, Kazakhstan, Mexico, Norway, Qatar, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. 5.8, 11.2, 11.3, 6.1, 6.2, 6.4, 6.5.1, 6.8, Annex II, 6.9, 12.2, 12.2.2, 2.1, 2.2, 2.2.1, 2.2.1.1, 2.4, 11.1, 11.2, 11.3, 3.1, 3.2, 3.4, 3.5, 18.1, 1, 17.4, VI  Anti-dumping

UKRAINE – ANTI-DUMPING MEASURES ON AMMONIUM NITRATE
NOTIFICATION OF AN APPEAL BY UKRAINE
UNDER ARTICLE 16.4 AND ARTICLE 17 OF THE UNDERSTANDING ON RULES
AND PROCEDURES GOVERNING THE SETTLEMENT OF DISPUTES (DSU),
AND UNDER RULE 20(1) OF THE WORKING PROCEDURES FOR APPELLATE REVIEW
The following communication, dated 23 August 2018, from the Delegation of Ukraine, is being
circulated to Members.

Pursuant to Article 16.4 of the DSU Ukraine hereby notifies to the Dispute Settlement Body its
decision to appeal to the Appellate Body certain issues of law covered in the Panel Report and
certain legal interpretations developed by the Panel in the dispute Ukraine – Anti-Dumping
Measures on Ammonium Nitrate (WT/DS493). Pursuant to Rule 20(1) o f the Working Procedures
for Appellate Review, Ukraine simultaneously files this Notice of Appeal with the Appellate Body
Secretariat.
For the reasons to be further elaborated in its submissions to the Appellate Body, Ukraine appeals,
and requests the App ellate Body to reverse the findings, conclusions and recommendations of the
Panel, with respect to the following errors contained in the Panel Report:1
a. the Panel erred when finding that Russia's Panel Request identified the 2008 and the
2010 Decisions as measures at issue within the meaning of Article 6.2 of the DSU and
that these measures consequently fell within the Panel's terms of reference. As a result,
Ukraine requests the Appellate Body to reverse the Panel's findings in paragraphs 7.24,
7.26, 7.27, 7.28 and 8.1 (a);
b. the Panel violated Article 7.1 and Article 11 of the DSU by making findings on a claim
that Russia never made in its Panel Request, First Written Submission and Russia's
Opening Statement at the First Substantive Meeting with the Panel. As a result, Ukraine
requests the Appellate Body to reverse the Panel's findings in paragraphs 7.147, 7.149,
7.150, 7.151, 7.152 and 8.3 (a)(i) and 8.3 (a)(ii);
c. the Panel erred when finding that Ukraine acted inconsistently with Article 2.2.1.1 of the
Anti-Dumping Agreement by failing to calculate the cost of production of the product
under investigation on the basis of the records kept by the producers. As a result,
Ukraine requests the Appellate Body to reverse the Panel's findings in paragraphs 7.89,
7.90, 7.91, 7.92 and 8.2 (a) which are based on its legally er roneous reasoning in
paragraphs 7.85-7.88;
d. the Panel erred in the interpretation and application of Article 2.2 of the Anti -Dumping
Agreement when finding that Ukraine violated Article 2.2 of the Anti -Dumping
Agreement by not using the actual costs "in the country of origin" when calculating the
cost of production of the investigated Russian producers. As a result, Ukraine requests

1 Pursuant to Rule 20(2)(d)(iii) of the Working Procedures for Appellate Review, this Notice of Appeal
includes an indicative list of the paragraphs of the Panel Report containing the alleged errors, without prejudice
to the ability of Ukraine to refer to other paragraphs of the Panel Report in the context of its appeal.

the Appellate Body to reverse the Panel's findings in paragraphs 7.99, 7.101, 7.102,
7.103 and 8.2 (b);
e. the Panel erred in the application of Article 2.2.1. of the Anti -Dumping Agreement by
finding that MEDT of Ukraine relied on the costs that were calcula ted inconsistently with
Article 2.2.1.1 of the Anti -Dumping Agreement for the pur pose of performing the
ordinary-course-of-trade test. As a result, Ukraine requests the Appellate Body to
reverse the Panel's findings in paragraphs 7.114, 7.116, 7.117, 7.118 and 8.2 (c); and
f. the Panel failed to make an objective assessment of the matter before it, and thus
violated Article 11 DSU, when examining the scope, meaning and conte nt of the 2010
Decision and the judgments of the Ukrainian Courts, and in particular the decision of the
Kiev Administrative District Court and the Panel erred when concluding that the
Ukrainian authorities acted inconsistently with Article 5.8 of the Anti -Dumping
Agreement. A s a result, Ukraine requests the Appellate Body to reverse the Panel's
findings in paragraphs 7.147, 7.149, 7.150, 7.151, 7.152, 7.154, 7.157 and 8.3 (a).