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LAW OF THE REPUBLIC OF BELARUS

of November 25, 2004 No. 346-Z

About measures for protection of economic interests of the Republic of Belarus when implementing foreign trade in goods

(In edition of the Laws of the Republic of Belarus of 10.01.2014 No. 129-Z, 13.07.2016 of No. 397-Z)

It is accepted by the House of Representatives on October 29, 2004

Approved by Council of the Republic on November 10, 2004

This Law determines measures for protection of economic interests of the Republic of Belarus when implementing foreign trade in goods, and also procedure for introduction, application, review and cancellation of such measures.

Chapter 1. General provisions

Article 1. The basic concepts applied in this Law and their determinations

For the purposes of this Law the following basic concepts and their determinations are applied:

the similar goods - goods which are classified by the same code of the Commodity nomenclature of foreign economic activity of the Republic of Belarus and (or) are completely identical to goods which are or can become object of investigation, or for lack of such goods other goods which, without being completely identical, have the characteristics close to characteristics of goods which are or can become object of investigation;

anti-dumping measures - the measures for restriction of dumped imports of goods applied by means of introduction of anti-dumping duty, including temporary anti-dumping duty, or adoption of price obligations from the exporter of these goods to the Republic of Belarus;

the domestic market - set of the economic relations within customs area of the state (consolidation of the states) within which are created demand, the offer and goods price;

margin of dumping - the relation of the normal price of goods less its export price to its export price expressed as a percentage;

dumped imports of goods - commodity import on export price are lower than its normal price;

dependent subjects are subjects of the civil law, one of whom owing to the prevailing participation in authorized fund of another, or according to the agreement signed between them, or otherwise has opportunity to determine the decisions made by another, or subjects of the civil law which solutions opportunity to determine the third subject has or which together have opportunity to determine solutions of the third subject;

interested persons - domestic manufacturer of the similar or directly competing goods or consolidation of domestic manufacturers most of which of participants makes such goods; the foreign producer or the exporter of the goods which are object of investigation; the domestic importer of goods or consolidation of domestic importers most of which of participants performs import of such goods; the government or authorized body of country of source or the commodity export which is object of investigation or authorized body of consolidation of foreign states into which enter country of source or export of such goods; consumer (consolidation of consumers); state bodies of the Republic of Belarus; other persons whose rights and interests are infringed by investigation, and persons capable to render assistance in its carrying out;

countervailing measures - measures for restriction of the commodity import made and (or) exported with use of specific subsidies of foreign state (associations of foreign states) applied by means of introduction of the compensatory duty, including the temporary compensatory duty, or adoption of obligations by the subsidizing foreign state (consolidation of foreign states) on behalf of its authorized body or the exporter of subsidized goods;

material damage of industry of the Belarusian economy making similar goods - the deterioration of the situation of industry of the Belarusian economy making similar goods confirmed with proofs which occurred owing to dumping or subsidized commodity import and is expressed, in particular, in production reduction and realization of similar goods in the domestic market of the Republic of Belarus, decrease in profitability of production of such goods, adverse effect on trade inventories, the employment levels, the salary, investments into this industry of the Belarusian economy making similar goods;

measures for protection of economic interests - the measures for commodity import restriction performed by means of introduction and application of special protective, anti-dumping and countervailing measures;

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