ORDER OF THE GOVERNMENT OF THE REPUBLIC OF KAZAKHSTAN

of September 9, 2019 No. 670

About approval of Rules of conducting investigation for the purpose of preparation of the conclusion about feasibility of application of the compensating measure in relation to state members of the Eurasian Economic Union

According to Item 1 of article 22-1 of the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity" the Government of the Republic of Kazakhstan DECIDES:

1. Approve the enclosed Rules of conducting investigation for the purpose of preparation of the conclusion about feasibility of application of the compensating measure in relation to state members of the Eurasian Economic Union.

2. This resolution becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Government of the Republic of Kazakhstan of September 9, 2019 No. 670

Rules of conducting investigation for the purpose of preparation of the conclusion about feasibility of application of the compensating measure in relation to state members of the Eurasian Economic Union

Chapter 1. General provisions

1. These rules of conducting investigation for the purpose of preparation of the conclusion about feasibility of application of the compensating measure in relation to state members of the Eurasian Economic Union (further - Rules) are developed according to Item 1 of article 22-1 of the Law of the Republic of Kazakhstan of April 12, 2004 "On regulation of trading activity" (further - the Law) and determine conditions and procedure for conducting investigation for the purpose of preparation of the conclusion about feasibility of application of the compensating measure in relation to state members of the Eurasian Economic Union (further - EEU).

2. For the purposes of these rules the following basic concepts are used:

1) damage - the deterioration of the situation of industry of economy of the Republic of Kazakhstan confirmed with proofs which occurred owing to import of industrial goods from the territory of state member of the EEU which provided subsidy in case of production, transportation, storage of these goods and is expressed in production reduction and realization of similar goods in the territory of the Republic of Kazakhstan, decrease in profitability of production of such goods, negative impact on trade inventories, employment, the salary level and level of investments into this industry;

2) interested persons - producer of similar goods, merging of producers most of which of participants is producers of similar goods the producer of the subsidized goods which are object of investigation, merging of producers of such subsidized goods most of which of participants is producers of these goods the subsidizing state member of EEU and (or) competent authority of the subsidizing state member of EEU, public associations of consumers (if the subsidized goods which are object of investigation are consumed mainly by physical persons), consumers of the subsidized goods which are object of investigation (if they use these goods in case of production) and associations of such consumers;

3) specific subsidy - measure of the state support of state members of EEU which specificity is determined based on the principles stated in the Protocol on single rules of the provision of industrial subsidies which is appendix No. 28 to the Agreement on EEU of May 29, 2014 (further - the Agreement);

4) manufactured goods - the goods classified in groups 25 - 97 Commodity nomenclatures of foreign economic activity of EEU (further - the CN FEA EEU), and also fish and fish products, except for the goods classified according to the CN FEA EEU in subline items 2905 43 000 0 and 2905 of 44, line items 3301, 3501 - 3505, subline items 3809 10 and 3824 60, line items 4101 - 4103, 4301, 5001 00 000 0 - 5003 00 000 0, 5101 - 5103, 5201 00 - 5203 00 000 0, 5301 and 5302 (subline item 2905 43 000 0 - mannitol, subline item 2905 44 - sorbite, line item 3301 - essential oils, line items 3501-3505 - albuminoidny substances, the modified starches, glues, subline item 3809 10 - substances for processing of surfaces, subline item 3824 60 - sorbitol, other products, line items 4101-4103 - skins and rawhide, line item 4301 - unmanufactured furs, line items 5001 00 000 0 - 5003 00 000 0 - raw silk and waste of silk, line item 5101-5103 - wool and hair of animals, subline items 5201 00 - 5203 00 000 0 - raw cotton, cotton waste, fiber cotton combed, line item 5301 - flax raw, line item 5302 - hemp crude) (the provided description of goods optionally is exhaustive);

5) the compensating measure - measure for neutralization of negative impact of specific subsidy of the subsidizing state member of EEU for industry of economy of state member of the EEU which submitted the application for introduction of this measure;

6) the producer of subsidized goods - the producer of subsidized goods of state member of the EEU which provided specific subsidy;

7) authorized body - the central executive body creating trade policy and performing management, and also cross-industry coordination in the field of trading activity;

8) similar goods - the industrial goods made in the Republic of Kazakhstan completely identical to goods, in case of production, export from the territory of state member of EEU or transportation of which the specific subsidy, or for lack of such goods - other goods which have the characteristics close to characteristics of goods was used, in case of production, export from the territory of state member of EEU or transportation of which the specific subsidy was used.

Chapter 2. Conditions and procedure for conducting investigation for the purpose of preparation of the conclusion about feasibility of application of the compensating measure in relation to state members of EEU

3. Conditions of conducting investigation for the purpose of preparation of the conclusion about feasibility of application of the compensating measure in relation to state members of EEU are sufficiency and reliability of proofs and data.

4. Investigation for the purpose of preparation of the conclusion about feasibility of application of the compensating measure in relation to state members of EEU, and also establishment of availability of damage of industry of national economy owing to import of subsidized goods from the territory of the state member which provided specific subsidy, or replacement of similar goods from the market of the subsidizing state member of EEU is conducted by authorized body based on the submitted address of the applicant or on own initiative authorized body in the case specified in Item 10 of these rules.

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