of October 31, 1998 No. 139
Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on October 7, 1998
This Law determines the basic concepts and the principles of the legislation of the Kyrgyz Republic on anti-dumping, procedure for trial on establishment of dumping and harm, and also condition of introduction and cancellation of anti-dumping measures.
In this Law the following concepts are used:
Anti-dumping trial - trial concerning the supplier of the goods realized at the price is lower than its normal cost if such realization does or threatens to do harm to domestic manufacturers of similar goods.
Anti-dumping measures - the special measures applied by authorized body in the form of temporary anti-dumping measures and anti-dumping duties to elimination of the harm done by realization of import goods at the price are lower than its normal cost.
Anti-dumping duties - the duties applied in case of import deliveries to customs area of the Kyrgyz Republic of goods at the price lower than their comparable price in the country of export and/or production at the time of this export if such import deliveries do or can do harm to domestic manufacturers of similar goods.
Interdependent persons / sides - producers or buyers (participants of the transaction) connected with suppliers or being suppliers of the goods which are presumably dumping subject. The participants of the transaction connected among themselves are recognized interdependent if:
- one of persons is the director or the board member or regulatory authority of other person;
- the director or the board member or regulatory authority of one person is at the same time the director or the board member or regulatory authority of other person;
- they are partners;
- one of persons is employer of another;
- one of persons owns or has, directly or indirectly, voting power or share in the authorized capital constituting at least 5 percent of all voices or 5 percent of the authorized capital of other person;
- two persons are under direct or indirect supervision of the third party;
- two persons jointly control, directly or indirectly, the third party;
- they are relatives.
Harm - the loss of property caused to domestic manufacturers as a result of delivery of goods on dumping prices.
Temporary anti-dumping measures - the provisional anti-dumping measures taken by authorized body to the supplier of dumping goods in the form of temporary duties, bail bond or introduction on the deposit of sums of money later began procedures of anti-dumping trial.
Dumping (import of dumping goods) - unfair actions of the supplier for import to customs area of the Kyrgyz Republic for free circulation of goods at the price is lower than its normal cost.
Concerned parties (persons) - the foreign exporter, the producer, the importer of the goods which are subject of anti-dumping trial, either sales or industrial association most of which of members - producers, foreign exporters or importers of such goods, government of the exporting country, government of the Kyrgyz Republic, producer of similar goods in the Kyrgyz Republic either sales or industrial association most of which of members - producers of similar goods in the Kyrgyz Republic.
Normal cost - the cost based on the price paid or which is subject to payment in the course of regular trading activities in the exporting and/or making country, in case of sale of the goods similar to that which deliveries are subject of anti-dumping trial.
Domestic manufacturers are producers of similar goods in the Kyrgyz Republic which total volume of production is recognized sufficient for conducting anti-dumping trial.
Official organs of the country - embassy, consulate, the trade mission and other state bodies of other countries involved in trial.
Similar goods - goods identical or homogeneous:
identical goods - the goods identical in every respect;
homogeneous goods - the goods which are not identical in every respect, but having similar characteristics and consisting of similar components.
The supplier - the foreign producer or the exporter, the importer of dumping goods.
Regional producers - set of the producers of similar goods in the regional market answering to the following conditions:
- producers sell all or most part of the goods in this market;
- producers of the Kyrgyz Republic from other regions do not deliver similar goods to this region.
Hearings - one of procedures of anti-dumping trial held by authorized body for the purpose of provision of opportunity to concerned parties to consider matters of argument.
Customs clearance - making of actions for the purpose of goods placement under certain customs regime and completion of this mode according to requirements and provisions of the customs legislation of the Kyrgyz Republic.
Authorized body - the state body of the Government of the Kyrgyz Republic making anti-dumping trial on statements of domestic manufacturers or on own initiative.
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