of July 16, 1999 No. 441-I
About subsidies and countervailing measures
This Law governs the relations between interested persons arising in case of commodity import, subsidized by foreign state (the union of foreign states), and also during the conducting trial and introduction of countervailing measures.
In this Law the following basic concepts are used:
1) temporary countervailing measures - the measures applied based on the order of the Government of the Republic of Kazakhstan to the supplier of the import goods subsidized by foreign state (the union of foreign states) in the form of the guaranteed money deposits and (or) guarantees of bank of the Republic of Kazakhstan in the course of conducting trial;
2) interested persons - National chamber of entrepreneurs of the Republic of Kazakhstan;
domestic manufacturer of the similar goods which are object of trial or consolidation of domestic
producers most of which of participants make 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;
Government of the Republic of Kazakhstan and authorized body 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;
3) the compensatory duty - duty which is applied in case of introduction of countervailing measures and is established over base rate of customs duty on commodity import, subsidized by foreign state (the union of foreign states) based on the order of the Government of the Republic of Kazakhstan;
4) countervailing measures - set of the means of the administrative and economic impact applied to commodity import, subsidized by foreign state (the union of foreign states) in the form of the compensatory duty, temporary countervailing measure and price obligations for elimination of material damage or threat of its drawing to domestic manufacturers;
5) confidential information - information which disclosure provides considerable benefits to competitors or has considerable adverse effects for the interested person who provided information;
6) material damage - the actual damage and (or) the uncollected income (lost profit) of domestic manufacturers from deliveries of the import goods subsidized by foreign state (the union of foreign states);
7) the unsuccessful region - the administrative and (or) economic territory determined by regulatory legal acts of the country of origin and (or) the commodity export subsidized by foreign state (the union of foreign states) which level of development for the last three years by the period of trial was characterized: income per capita, the income on one family member or the gross domestic product per capita which is not exceeding 85 percent and the level of unemployment at least 110 percent from the corresponding average values of country of source and (or) the exporting country;
8) domestic manufacturers are the Kazakhstan producers of the similar or directly competing goods which total volume of production constitutes the main part of production of such goods in the territory of the Republic of Kazakhstan;
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