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The document ceased to be valid since  July 11, 2015 according to article 45 of the Law of the Republic of Kazakhstan of June 8, 2015 No. 316-V ZRK

LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 28, 1998 No. 337-I

About measures of protection of the domestic market in case of commodity import

(as amended on 28-11-2014)

This Law governs the relations arising in the course of application of the protective measures established for the purpose of protection of domestic manufacturers of goods and economic safety of the Republic of Kazakhstan for adaptation of national economy to conditions of the competition to import goods.

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) serious damage - the essential general deterioration in situation in industry of national production of the similar or directly competing goods in the Republic of Kazakhstan owing to the increased amount of its deliveries to the territory of the Republic of Kazakhstan which is expressed, in particular, in production reduction of such goods, reducing realization of domestic goods in the domestic market of Kazakhstan, decrease in profitability of production of such goods, negative impact on employment, the salary level;

2) threat of serious damage - explicit inevitability of serious damage;

3) the import quota - restriction of commodity import for the territory of the Republic of Kazakhstan on its quantity and (or) cost;

4) protective duties - duties which are collected by bodies of state revenues over rate of customs duty in cases of deliveries to customs area of the Republic of Kazakhstan of any goods in such quantities and in such conditions under which drawing serious damage or threat of its drawing to domestic manufacturers of the similar or directly competing goods is possible;

5) protective measures - set of the means of administrative and economic impact applied based on the order of the Government of the Republic of Kazakhstan in the form of protective duties and (or) establishment of quotas for deliveries of goods which are imported on the territory of the Republic of Kazakhstan for free circulation in its domestic market in such quantities (absolutely or rather national production) and in such conditions when serious damage is caused or arises threat of its drawing to domestic manufacturers of the similar or directly competing goods;

6) confidential information - information which disclosure provides considerable benefits to competitors or has considerable adverse effects for the concerned party which provided information;

7) interested persons (parties) - National chamber of entrepreneurs of the Republic of Kazakhstan; domestic manufacturer of the similar or directly competing goods which are object of trial or merging of domestic manufacturers most of which of participants makes such goods; the foreign exporter of goods and the foreign producer of the goods which are object of trial; the domestic importer of goods or consolidation of domestic importers most of which of participants is importers of such goods; the government of foreign state, authorized body of the country of goods' origin or export of such goods or authorized body of the union of foreign states into which countries of source of such goods or its export enter; consumer or consolidation of consumers of goods; executive bodies of the Republic of Kazakhstan; other persons whose rights and interests are infringed by this trial and who, according to the authorized body specified in article 6 of this Law are capable to render assistance in conducting this trial;

8) the domestic industry (domestic manufacturers) - set of producers of the similar or directly competing goods which are performing activities in the territory of the Republic of Kazakhstan, or producers whose collective production of the similar or directly competing goods constitutes the most part of general production of these goods in the territory of the Republic of Kazakhstan;

9) commodity import in preceding period - the average size of commodity import in three prior years concerning which there is statistical information;

10) temporary protective measures - the provisional protective measures applied in the form of protective duties by bodies of state revenues based on the order of the Government of the Republic of Kazakhstan;

11) authorized body - the state body of the Republic of Kazakhstan performing the monitoring of trading and productive activity conducting trial on establishment of availability of serious damage or threat of its drawing and need of introduction of protective measures;

12) the similar or directly competing goods - the goods which are classified by the same code of the commodity nomenclature of foreign economic activity and are completely identical to other goods or are comparable to it on the functional purpose, application, quality and technical characteristics on other main properties in such a way that the buyer replaces or are ready to replace with such goods other goods in the course of consumption;

13) trial - the procedure of consideration of documents and other proofs concerning import to the territory of the Republic of Kazakhstan of any goods in such quantities and in such conditions which cause or threaten to cause serious damage to domestic manufacturers of the similar or directly competing goods.

Article 2. The legislation of the Republic of Kazakhstan on measures of protection of the domestic market in case of commodity import

1. This Law and other regulatory legal acts belong to the legislation of the Republic of Kazakhstan on measures of protection of the domestic market in case of commodity import.

2. If the international agreement or the agreement ratified by the Republic of Kazakhstan establish other rules, than those which contain in this Law are applied rules of the international treaty or the agreement.

Article 3. Purposes of this Law

1. The purposes of this Law are protection of interests of domestic manufacturers of goods and elimination of serious damage or its threat in connection with the increased goods supply rates on the territory of the Republic of Kazakhstan.

2. Protective measures are applied only under circumstances of drawing serious damage or its threat to domestic manufacturers owing to the increased goods supply rates on the territory of the Republic of Kazakhstan.

3. Protective measures are applied provided that trial was conducted according to the rules and procedures established in this Law.

4. Protective measures are applied to imported goods on non-discriminatory basis, irrespective of the country of goods' origin.

Article 4. Scope of this Law

This Law governs the relations arising between authorized body and all interested persons and also between interested persons in connection with the increased supply rates on the territory of the Republic of Kazakhstan of any goods in such quantities (absolutely or rather national production) and in such conditions under which serious damage is caused or there is threat of its drawing to domestic manufacturers of the similar or directly competing goods.

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