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FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 8, 2003 No. 165-FZ

About special protective, anti-dumping and countervailing measures in case of commodity import

(as amended on 08-12-2020)

Accepted by the State Duma on November 18, 2003

Approved by the Federation Council on November 26, 2003

Chapter 1. General provisions

Article 1. Purpose and scope of this Federal Law

1. The purpose of this Federal Law is protection of economic interests of the Russian producers of goods in connection with the increased import, dumped imports or subsidized import on customs area of the Russian Federation.

This Federal Law establishes procedure for introduction and application of special protective, anti-dumping and countervailing measures in case of commodity import.

2. This Federal Law is applied to the legal relationship arising in connection with investigations which precede introduction of special protective, anti-dumping or countervailing measures in case of commodity import and statements about which carrying out are registered after entry into force of this Federal Law.

3. This Federal Law does not govern the relations connected with rendering services, performance of works, transfer of exclusive rights on intellectual property items or provision of the right to use intellectual property items, implementation of investments and currency exchange control.

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) similar goods - goods which are completely identical to goods which are or can become object of investigation, or for lack of such goods other goods which have the characteristics close to characteristics of goods which are or can become object of investigation;

2) anti-dumping duty - duty which is applied in case of introduction of anti-dumping measure and is levied by customs authorities irrespective of collection of import customs duty;

3) anti-dumping measure - measure for counteraction to dumped imports which is applied according to the decision of the Government of the Russian Federation by means of introduction of anti-dumping duty, including preliminary anti-dumping duty, or approval of the price obligations assumed by the exporter;

4) margin of dumping - the relation of normal value of a product expressed as a percentage less export price of such goods to its export price;

5) dumped imports - commodity import on customs area of the Russian Federation at the price below the normal cost of such goods;

6) the import quota - restriction of commodity import on its quantity and (or) cost;

7) the compensatory duty - duty which is applied in case of introduction of countervailing measure and is levied by customs authorities irrespective of collection of import customs duty;

8) countervailing measure - the measure for neutralization of impact of specific subsidy of foreign state (the union of foreign states) for industry of the Russian economy applied according to the decision of the Government of the Russian Federation by means of introduction of the compensatory duty, including the preliminary compensatory duty, or approval of obligations assumed by authorized body of the subsidizing foreign state (the union of foreign states) or the exporter;

9) material damage of industry of the Russian economy - the deterioration of the situation of industry of the Russian economy confirmed with proofs which occurred owing to dumped imports or subsidized import and is expressed, in particular, in production reduction of similar goods in the Russian Federation and amount of its realization in the market of the Russian Federation, decrease in profitability of production of such goods, negative impact on trade inventories, employment, the salary level in this industry of the Russian economy, the level of investments into this industry of the Russian economy;

10) minimum admissible margin of dumping - the margin of dumping constituting two percent;

11) directly competing goods - the goods which are completely identical to goods which are or can become object of investigation or are comparable to goods which are or can become object of investigation, according to the destination, to application, quality and technical characteristics, and also on other main properties in such a way that the buyer replaces or are ready to replace it in the course of consumption with goods which are or can become object of investigation;

12) normal value of a product - the price of similar goods in case of the regular course of trade in it;

13) the regular course of trade - purchase and sale of similar goods in the market of foreign state in which it is made or from which the goods which are object of investigation at the price not below the weighted average cost of similar goods determined proceeding from the weighted average costs of production and the weighted average trading, administrative and total costs are exported;

14) industry of the Russian economy - all Russian producers of similar goods (for the purposes of the investigation preceding introduction of anti-dumping measure or countervailing measure) or directly competing goods (for the purposes of the investigation preceding introduction of special protective measure) or those from them, share in total production in the Russian Federation according to which similar goods or directly competing goods constitutes the most part;

15) preceding period - three years which directly precede day of giving by being basis for conducting investigation of the statement and for which there are necessary statistical data;

16) serious damage of industry of the Russian economy - essential deterioration in production, trade and financial position of industry of the Russian economy which occurred owing to the increased import and is expressed in general deterioration in situation with production of directly competing goods in the Russian Federation;

17) mitigation of special protective measure - the increase in amount of the import quota or decrease in rate of the special duty applied according to the decision of the Government of the Russian Federation;

18) the special duty - duty which is applied in case of introduction of special protective measure and is levied by customs authorities irrespective of collection of import customs duty;

19) special protective measure - measure for restriction of the increased import for customs area of the Russian Federation which is applied according to the decision of the Government of the Russian Federation by means of introduction of the import quota or the special duty, including the preliminary special duty;

20) specific subsidy of foreign state (the union of foreign states) - the subsidy, access to which is limited and which is provided to the specific producer and (or) the exporter, or the specific union (consolidation) of producers and (or) the union (consolidation) of exporters, or specific industry of economy or is directed to stimulation of commodity export or to import substitution of goods;

21) subsidized import - commodity import, in case of production, export or transportation of which the specific subsidy of foreign state (the union of foreign states), on customs area of the Russian Federation was used;

22) subsidy of foreign state (the union of foreign states) - the financial assistance performed directly by the government or other state body of foreign state (the union of foreign states) or through the non-state organization for the order of the government of foreign state (the union of foreign states), granting to the receiver subsidies additional benefits and rendered within the territory of foreign state (the union of foreign states) in the form of direct transfer of money (including in the form of grants, loans, share purchase) or obligations on transfer of such means (including in warranty type on loans); refusal of collection or not collection of payments which would shall arrive in the income of the state (including by provision of the tax credits), except as specified releases of the exported goods from taxes or duties collected from the similar goods intended for internal consumption, or return of such taxes or duties in the sizes which are not exceeding actually paid amounts; preferential or non-paid provision of goods or services, except for the goods or services intended for maintenance and development of general infrastructure, that is the infrastructure which is not connected with the specific producer and (or) the exporter; preferential purchase of goods; other support of the income or the prices if direct or indirect result of such support is increase in commodity export from foreign state (the union of foreign states) or reducing commodity import in such foreign state (the union of foreign states);

23) threat of causing material damage of industry of the Russian economy - the inevitability of causing material damage of industry of the Russian economy confirmed with proofs;

24) threat of causing serious damage of industry of the Russian economy - the inevitability of causing serious damage of industry of the Russian economy confirmed with proofs;

25) export price of goods - the price at which the goods are imported on customs area of the Russian Federation.

Article 3. Investigation

1. Shall precede introduction of special protective measure, anti-dumping measure or countervailing measure in case of commodity import the investigation made according to provisions of this Federal Law.

2. The investigation specified regarding 1 this Article is conducted for the purpose of establishment of availability of the increased import on customs area of the Russian Federation and the serious damage of industry of the Russian economy or threat of causing serious damage of industry of the Russian economy caused by it, and also for the purpose of establishment of availability of dumped imports or subsidized import and the material damage of industry of the Russian economy, threat of causing material damage of industry of the Russian economy or essential delay of creation of industry of the Russian economy caused by it.

Article 4. Federal executive body responsible for conducting investigations

1. The federal executive body responsible for conducting investigations (further - the body making investigations), is determined by the Government of the Russian Federation.

2. The body for results of investigation specified regarding 1 this Article represents to the Government of the Russian Federation the report containing offers on feasibility of introduction, application, review or cancellation of special protective measure, anti-dumping measure or countervailing measure with appendix of the draft of the relevant decision of the Government of the Russian Federation.

3. In the cases provided by this Federal Law, the report specified in part 2 of this Article can be represented before investigation completion.

Article 5. Decision making by results of investigation

The government of the Russian Federation within fourteen calendar days from the date of registration of the report which is provided by the body making investigations and contains offers on feasibility of introduction, application, review or cancellation of special protective measure, anti-dumping measure or countervailing measure, makes the decision on introduction, on application, on review or on cancellation of such measure or on its non-use according to provisions of article 37 of this Federal Law.

Chapter 2. Special protective measures

Article 6. General principles of application of special protective measure

1. Special protective measure can be applied to goods if by results of the investigation made by the body making investigations it is determined that import of these goods on customs area of the Russian Federation is performed in such increased quantities (in absolute or relative measures to total production in the Russian Federation of directly competing goods) and on such conditions that it causes serious damage of industry of the Russian economy or creates threat of causing serious damage of industry of the Russian economy.

2. Special protective measure is applied to the goods imported on customs area of the Russian Federation according to part of 1 this Article irrespective of country of source of these goods, except for the goods coming from developing country using national preferential system of the Russian Federation if the share of import of these goods from such country does not exceed three percent of total amount of import of these goods on customs area of the Russian Federation provided that the total share of import of these goods from developing countries, falls to the share of each of which no more than three percent of total amount of import of these goods on customs area of the Russian Federation, does not exceed nine percent of total amount of import of these goods on customs area of the Russian Federation.

Article 7. Establishment of serious damage of industry of the Russian economy or threat of causing serious damage of industry of the Russian economy

1. For the purpose of establishment of serious damage of industry of the Russian economy or threat of causing serious damage of industry of the Russian economy owing to the increased import on customs area of the Russian Federation the body making investigations, during the investigation of this Federal Law which is carried out according to Articles 26 and 27, estimates objective factors which can be expressed in quantitative indices and make impact on economic situation of industry of the Russian economy, including:

rates and amount of surplus of the commodity import which is object of investigation, on customs area of the Russian Federation in absolute and relative measures to total production or consumption in the Russian Federation directly competing goods;

level of prices for the import goods which are object of investigation in comparison with the price of directly competing goods made in the Russian Federation;

scope change of sale of directly competing goods made in the Russian Federation in the market of the Russian Federation;

scope change of production of directly competing goods, productivities, utilization of capacities, the sizes of profit and losses, and also the employment level in industry of the Russian economy;

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