KAZAKHSTAN – ANTI-DUMPING MEASURES ON STEEL PIPES REQUEST FOR CONSULTATIONS BY UKRAINE
Document: Addendum
Date: 11 September 2018
Document codes: WT/DS530/1/Add.1; WT/DS530/1; G/L/1185/Add.1; G/ADP/D119/1/Add.1; G/L/1185; G/ADP/D119/1
Complainant: Ukraine
Respondent: Kazakhstan
Dispute stage: Consultation
Agreements cited: Art. 3.1, 3.4, 3.5, 5.2, 5.3, 6.1, 6.2, 6.8, 8.3, 11.1, 11.3, 12.2, Annex II  Anti-dumpingArt. VI  GATT 1994

KAZAKHSTAN – ANTI-DUMPING MEASURES ON STEEL PIPES
REQUEST FOR CONSULTATIONS BY UKRAINE
Addendum
The following communication, dated 7 September 201 8, from the delegation of Ukraine to the
delegation of Kazakhstan and to the Chairperson of the Dispute Settlement Body, is circulated in
accordance with Article 4.4 of the DSU.

With reference to the document , , issued on
19 September 2017, my authorities have instructed me to request further consultations with
the Government of Kazakhstan pursuant to Articles 1 and 4 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes ("DSU"), Article XXIII:1 of the General
Agreement on Tariffs and Trade 1994 ("GATT 1994") and Articles 17.2 and 17.3 of the Agreement
on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994
("Anti-Dumping Agreement").
On 30 October 2017 Ukraine and Kazakhstan held an initial round of consulta tions on this matter
with a view to reaching a mutually satisfactory solution. While the consultations assisted in
clarifying some aspects of the issues before the parties, they failed to resolve the dispute.
Subsequent to the results of the first round of consultations held with Kazakhstan on 30 October
2017 Ukraine has identified additional aspects with respect to the measures at issue. Therefore,
Ukraine respectfully requ ests further consultations with Kazakhstan with a view to reaching a
mutually satisfactory solution.
This request supplements and does not replace Ukraine's request for consultations with
Kazakhstan dated 19 September 2017 and circulated as document WT/DS5 30/1, ,

I. Background
This request is with respect to anti -dumping measures applied to certain types of steel pipes on
the customs territory of Kazakhstan. The measures are applied pursuant to the Decision of the
Collegium of the Eurasi an Economic Commission ("EEC") No. 48 of 2 June 2016 on imports of
certain types of steel pipes originating in Ukraine as a result of the sunset review of the anti -
dumping measures on imports of certain types of steel pipes originating in Ukraine and impor ted
on the customs territory of the Eurasian Economic Union.
Further, on 17 October 2016 an interim review was initiated 2 with a view to revise level of
individual anti -dumping duties in light of changed circumstances. As a result of the review,

1 https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-
DP.aspx?language=E&CatalogueIdList=239627,239537,239315,238874&CurrentCatalogueIdIndex=3&FullText
Hash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
2 Notice of initiation of the interim review dated 17 October 2016 is available at
http://www.eurasiancommission.org/ru/act/trade/podm/investigations/PublicDocuments/AD1R3_notice_initiati
on.pdf
WT/DS530/1/Add.1 • G/L/1185/Add.1 • G/ADP/D119/1/Add.1

investigating authority issued a Report concluding that anti -dumping duties should be decreased.
However, the EEC has failed to adopt to date a decision to implement findings of the investigating
authority, contained in its Report, within an established time frame for interim reviews.
II. Measures at issue
The measures at issue are the following:
 the Decision of the Collegium of the EEC No. 48 of 2 June 2016 "On prolongation of
anti-dumping measures on certain types of steel pipes originating in Ukraine and
imported into the customs territory of the Eurasian Economic Union";3
 the findings of the EEC in the Report (Notice No. 2016/55/AD1R2 of 3 June 2016)
"On the results of the sunset review of anti -dumping duties on certain types of
steel pipes originating in Ukraine";4
 the findings of the EEC Department for Internal Market Defence in the Report
(Notice No. 2017/89/AD1R3 of 4 October 2017) "On the results of the interim
review of anti-dumping duties on certain types of steel pipes originating in Ukraine
with a view to review level of individual anti -dumping duties in light of changed
circumstances".5
Ukraine considers that the current anti -dumping measures on certain types of steel pipes
originating in Ukraine together with the EEC's failure to comply with procedural requirements are
inconsistent with Article VI of the GATT 1994 and the Anti-Dumping Agreement.
In addition, this Request for Consultations also covers in whatever form: any amendments,
supplements, or extensions to or of the measures referred to in this Section; any measures
replacing, renewing or implementing the measures referred to in this Section; and, any measures
related to the measures referred to in this Section.
III. Legal basis for the complaint
Ukraine considers that the measures referred t o in Section II above are inconsistent with several
of Kazakhstan's WTO obligations, including, but not limited to:
1. Article 9.1 of the Anti -Dumping Agreement because the anti -dumping duties, which are
currently in place, exceed the adequate level that coul d remove injury to the domestic
industry;
2. Article 9.3 of the Anti -Dumping Agreement and paragraph 2 of Article VI of the GATT
1994, because the anti-dumping duties, which are currently in place, exceed the margin of
dumping determined by the EEC Department for Internal Market Defence within the
interim review;
3. Article 11.1 of the Anti -Dumping Agreement because fin dings of the EEC Department
for Internal Market Defence under the interim review, containe d in its Report dated
4 October 2017, proved that the anti-dumping duties sh ould be decreased, but the
anti-dumping duties are still in force in the amount that exceeds the level of duty
necessary to counteract dumping that is causing injury;
4. Article 11.2 of the Anti -Dumping Agreement because the measure that is no longer
warranted is still in force despite of the findings of the EEC Department for Internal Market
Defence within the interim review that the anti-dumping duties should be decreased;

3 https://docs.eaeunion.org/docs/ru-ru/01410363/clcd_03062016_48
4
http://www.eurasiancommission.org/ru/act/trade/podm/investigations/PublicDocuments/AD1R2_report_final.p
df
5
http://www.eurasiancommission.org/ru/act/trade/podm/investigations/PublicDocuments/AD1R3_report.pdf
WT/DS530/1/Add.1 • G/L/1185/Add.1 • G/ADP/D119/1/Add.1

5. Article 11.4 of the Anti-Dumping Agreement because the EEC failed to conclude the interim
review expeditiously and has been carrying out such review for more than 20 months;
6. Article 12.2.2 of the Anti -Dumping Agreement because the EEC failed to give a public
notice of conclusion or suspension of the interim review as the decision has not been
adopted yet.
These violations appear to nullify or impair benefits accruing to Ukraine directly or indirectly under
the cited agreements.
Ukraine reserves the right to raise additional claims and legal matters during the cours e of the
consultations and in any future request for panel proceedings.
Ukraine looks forward to receiving Kazakhstan 's reply to this request and to fixing a mutually
convenient date for consultations.