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LAW OF THE REPUBLIC OF ARMENIA

of July 22, 2002 No. ZR-385

About anti-dumping and countervailing measures

(as amended on 16-01-2017)

Accepted by National Assembly of the Republic of Armenia on June 19, 2002

Section I. General provisions

Article 1. Subject of regulation of the Law

This Law determines dumping, subsidy and governs the relations connected using the anti-dumping and countervailing measures concerning commodity import imported on the territory of the Republic of Armenia and causing damage to industries of economy of the Republic of Armenia. Provisions of this Law on subsidies and countervailing measures do not extend to the field of agricultural industry.

Article 2. Legislation on anti-dumping and countervailing measures

1. The legislation on application of anti-dumping and countervailing measures consists of the Constitution of the Republic of Armenia, the Civil code of the Republic of Armenia, the Customs code of the Republic of Armenia, this Law and other legal acts.

2. If international treaties of the Republic of Armenia establish other regulations, than those which are provided by this Law then are applied regulations of international treaties.

Article 3. The basic concepts used in the Law

In this Law the following basic concepts are used:

the compensatory duty - the special duty collected as counterbalance from import to the territory of the Republic of Armenia of goods, to production, production or export of which by the government of the country of their origin or the exporting country is directly or indirectly allocated subsidy as a result of which the damage of industry of economy of the Republic of Armenia is caused;

anti-dumping duty - the special duty collected concerning dumped imports of goods on the territory of the Republic of Armenia if as a result of it the damage of industry of economy of the Republic of Armenia is caused;

economy industry - set of the producers acting in the territory of the Republic of Armenia which make the goods similar to the goods which are subject to investigation or those from the producers acting in the territory of the Republic of Armenia which jointly issue more than a half of all production of similar goods in the Republic of Armenia. The industry of economy does not include producers which are connected with exporters or importers or are importers of the goods which are investigation subject.

In sense of this Law producers are considered connected with exporters or importers if one of them controls another, or both of them are controlled by the third party, or they together control the third party and at the same time there are actual bases concerning the fact that the behavior of the producer owing to this coherence differs from behavior of the independent producer. In sense of this Law it is considered that one person controls other person if the first of them by the provision can by the right or in practice to limit or direct activities of the last;

The government - the Government or other state body of country of source or the exporting country allocated with the corresponding competence;

damage - the material damage caused economy industries, either threat of material damage of industry of economy, or essential delay of creation of industry of economy if in this Law it is specially not determined otherwise;

concerned parties:

- the exporter (exporters) of the goods which are subject to investigation from foreign state or the foreign producer (producers) of the goods which are subject to investigation,

- the importer (importers) of the goods which are subject to investigation,

- public organization most of which of members are producers, exporters or importers of the goods which are subject to investigation,

- government (governments) of the exporting country (exporting countries),

- producers of similar goods of the Republic of Armenia,

- public organization most of which of members are producers of similar goods in the Republic of Armenia;

the goods which are subject to investigation - the goods imported into the Republic of Armenia which are investigation subject for the purpose of application of anti-dumping or countervailing measures;

the similar goods - goods which on all the properties are identical to the goods which are subject to investigation or on the properties are very close to properties of the goods which are subject to investigation;

authorized body - authorized body of public administration of the Government of the Republic of Armenia which performs the functions provided by this Law.

Section II. Dumping

Chapter 1. Basic principles

Article 4. Application of anti-dumping measures

Anti-dumping measures on the territory of the Republic of Armenia can be applied to commodity importation only if as a result of the investigation undertaken and conducted in the procedure established by this Law it is determined that import of the goods which are subject to investigation is dumping and as a result of dumped imports the damage of industry of economy is caused.

Article 5. Determination of dumped imports

In sense of this Law import of the goods which are subject to investigation is considered dumping if these goods are imported on the market of the Republic of Armenia at the price below its regular cost, that is the price of export of these goods from other country into the Republic of Armenia below comparable selling price of similar goods for internal consumption during regular trading activities in the exporting country.

Article 6. Exporting country

The exporting country regarding the relations connected with anti-dumping the country of source of the goods which are subject to investigation or any other country from where the goods which are subject to investigation are exported for import to the territory of the Republic of Armenia, except as specified, when on the territory of this country only transit transportation of the specified goods is performed is considered, or in this country such goods are not made, or in this country there is no comparable price of such goods.

Chapter 2. Determination of regular cost

Article 7. Regular cost according to the prices operating in the exporting country

1. The authorized body determines the regular cost of the goods which are subject to investigation based on the comparable price paid or which is subject to payment for sale of similar goods by independent buyers during regular trading activities in the exporting country, except as specified, of the stipulated in Article 8 these Laws.

2. The goods price if it is transaction price between the parties connected with each other or having among themselves the compensation agreement cannot be considered as the price of regular trading activity and cannot be used for determination of regular cost, it is not found out yet that the communication which is available between the parties does not influence the price.

3. If the exporter does not make similar goods or the similar goods are not on sale in the domestic market of the exporting country, then the regular cost can be determined based on the prices established in the exporting country on similar goods by other sellers or producers.

Article 8. Regular cost according to the estimated cost or according to the price of export to the third country

1. If in the domestic market of the exporting country within regular trading activities sale of similar goods does not take place or if there is no possibility of implementation of proper comparison owing to insignificant sales amounts of these goods in the domestic market of the exporting country or specific circumstances dominating in the market, then the regular cost of goods can be determined by authorized body on the basis:

1) expenses on production and realization of these goods in country of source with summing of usually got profit, or

2) comparable price of export of similar goods to the third country.

2. Sales amounts of similar goods for internal consumption in the exporting country or sales of similar goods to the third country are considered sufficient for determination of regular cost of these goods if they make at least five percent of sale of the goods which are subject to investigation sold to the Republic of Armenia. The authorized body can establish lower interest rate if based on the facts received from concerned parties or from other sources it becomes clear that it is enough for proper comparison.

Article 9. Regular cost in case of sale at the prices below cost

1. The authorized body can consider domestic sale of the exporting country or the third country of unit of similar goods at the price below cost (expenses on production and sales of goods) as not regular trading activity and can ignore in case of determination of regular cost of goods such sale only if such transactions are performed:

1) during the long period of time (usually within one year, but at least six months);

2) in considerable amounts and;

3) at such prices which do not give the chance of recovery of all expense types during proper period of time.

2. In sense of this Article sale at the price below cost is considered having considerable amounts if:

1) the weighted average price of sale on trading activities considered for the purpose of determination of regular cost is less than weighted average cost or

2) the sales amount at the prices below cost makes at least twenty percent from sales volume made on the trading activities considered for the purpose of determination of regular cost.

3. If during the commercial transaction of the price below cost of goods is higher than weighted average cost of goods during the period which is subject to investigation, then these prices are considered as the sufficient prices for recovery of expenses during the proper period.

Article 10. Calculation of costs

1. According to articles 8 and 9 of this Law the authorized body performs calculation of cost of goods, based on the records of financial accounting which are conducted the exporter which is subject to investigation or the producer which correspond to the general procedure for financial accounting accepted in the exporting country.

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