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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 7, 2006 3801

About approval of the Procedure of protection of interests of domestic producers during by foreign states, their economic or customs associations of anti-dumping, special protective or countervailing investigations concerning commodity import of the Ukrainian origin

(as amended on 18-08-2021)

For the purpose of strengthening of protection of interests of domestic producers and providing open entry of goods of the Ukrainian origin on the foreign market the Cabinet of Ministers of Ukraine decides:

Approve the Procedure of protection of interests of domestic producers during by foreign states, by their economic or customs associations of anti-dumping, special protective or countervailing investigations concerning commodity import of the Ukrainian origin it (is applied).

 

Prime Minister of Ukraine

Yu. Ekhanurov

Approved by the resolution of the Cabinet of Ministers of Ukraine of June 7, 2006 No. 801

Procedure of protection of interests of domestic producers during by foreign states, their economic or customs associations of anti-dumping, special protective or countervailing investigations concerning commodity import of the Ukrainian origin

1. This Procedure determines the mechanism of implementation by the central executive bodies of protection of interests of domestic producers which perform transactions on delivery of goods of the Ukrainian origin during by foreign states, their economic or customs associations of anti-dumping, special protective or countervailing investigations concerning import of such goods (further - investigation).

2. Implementation of protection of interests of domestic producers during conducting investigation is provided to Ministry of Economics.

The MFA through foreign diplomatic organizations of Ukraine and other central executive bodies render assistance of Ministry of Economics in implementation of protection of interests of domestic producers during conducting investigation, including in the organization of foreign business trips when implementing such protection.

The Ministry of Economics has the right through the MFA to address to foreign diplomatic organizations of Ukraine for ensuring implementation of protection of interests of domestic producers during conducting investigation, including with requests about receipt of information and analytical materials and statistical market information of adoptive state.

3. Foreign diplomatic organizations of Ukraine trace information on availability of threat of the beginning of investigation or the fact of its violation in official sources of foreign states and quickly inform Ministry of Economics through the MFA, in particular with use of electronic system of exchange of information.

In case of receipt in foreign diplomatic organizations of Ukraine of information from competent authorities of the corresponding foreign state, economic or customs merging of the states (further - authorized bodies) about receipt of the statement for initiation of investigation, information on excitement and conducting investigation, application of adequate measures, other information in fact of investigation the specified organizations instantly send such information in accordance with the established procedure to Ministry of Economics through the MFA.

In case of receipt from competent authorities instantly go to foreign diplomatic organizations of Ukraine of the materials addressed to domestic producers, such materials the specified organizations directly to addressees.

In case of the beginning of investigation of foreign diplomatic organization of Ukraine it is researched and instantly the Ministry of Economics through the MFA statistical information on import volumes of the goods which are object of investigation, dynamics of production, sale and consumption of these goods in the corresponding foreign state, other information about results of conducting investigation and taking measures goes.

The interested domestic producers can directly inform Ministry of Economics on the fact of conducting investigation.

4. Ministry of Economics after receipt of information on conducting investigation:

informs on it the interested central executive bodies and domestic producers and in case of need addresses them for the purpose of receipt of the additional information on questions which concern investigation;

addresses to State Customs Service for the purpose of receipt of information on export transactions on delivery of goods of the Ukrainian origin (the information about exporters, importers, the cost and supply rate of goods and so forth) concerning which investigation is made.

After receipt of request of Ministry of Economics the central executive bodies and domestic producers instantly submit necessary information. The domestic producer can note that information has confidential nature. In that case the Ministry of Economics provides information security from disclosure.

5. The domestic producer on demand or on own initiative informs Ministry of Economics on the intention to be involved in investigation as the concerned party.

If the domestic producer did not submit necessary information or reported about refusal of participation in investigation, Ministry of Economics based on information which arrived from the interested central executive bodies and domestic producers, makes the decision concerning feasibility of participation of the Ukrainian Side in investigation.

6. For ensuring participation of the Ukrainian Side in investigation of Ministry of Economics it is direct or through the MFA addresses during fixed term to competent authorities for the purpose of receipt of materials based on which the decision on conducting investigation, and registration of Ministry of Economics and (or) foreign diplomatic organization of Ukraine as the concerned party of investigation was made.

Participation of domestic producer in investigation is provided with such producer by the appeal to competent authority on registration by the concerned party of investigation and the subsequent realization of its rights and obligations, stipulated by the legislation foreign states, their economic or customs associations making investigation.

7. Before acceptance of foreign state of the final decision by competent authorities by results of investigation of Ministry of Economics has the right:

independently or together with representatives the MFA, other central executive bodies, the interested domestic producers to initiate carrying out and to participate in consultations with competent authorities concerning investigation;

prepare and send to competent authorities reasons for line item of the Ukrainian Side;

independently or together with representatives of foreign diplomatic organizations of Ukraine, the MFA, other central executive bodies, the interested domestic producers to participate in public actions (hearings, meetings) which are held within investigation;

hold in case of need negotiations, prepare and submit in accordance with the established procedure proposals concerning the conclusion with foreign states of international treaties for the purpose of providing open entry of goods of the Ukrainian origin on the foreign market.

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