LAW OF THE REPUBLIC OF BELARUS

of November 25, 2004 No. 346-Z

About measures for protection of economic interests of the Republic of Belarus when implementing foreign trade in goods

It is accepted by the House of Representatives on October 29, 2004

Approved by Council of the Republic on November 10, 2004

This Law determines measures for protection of economic interests of the Republic of Belarus when implementing foreign trade in goods, and also procedure for introduction, application, review and cancellation of such measures.

Chapter 1. General provisions

Article 1. The basic concepts applied in this Law and their determinations

For the purposes of this Law the following basic concepts and their determinations are applied:

the similar goods - goods which are classified by the same code of the Commodity nomenclature of foreign economic activity of the Republic of Belarus and (or) are completely identical to goods which are or can become object of investigation, or for lack of such goods other goods which, without being completely identical, have the characteristics close to characteristics of goods which are or can become object of investigation;

anti-dumping measures - the measures for restriction of dumped imports of goods applied by means of introduction of anti-dumping duty, including temporary anti-dumping duty, or adoption of price obligations from the exporter of these goods to the Republic of Belarus;

the domestic market - set of the economic relations within customs area of the state (consolidation of the states) within which are created demand, the offer and goods price;

margin of dumping - the relation of the normal price of goods less its export price to its export price expressed as a percentage;

dumped imports of goods - commodity import on export price are lower than its normal price;

dependent subjects are subjects of the civil law, one of whom owing to the prevailing participation in authorized fund of another, or according to the agreement signed between them, or otherwise has opportunity to determine the decisions made by another, or subjects of the civil law which solutions opportunity to determine the third subject has or which together have opportunity to determine solutions of the third subject;

interested persons - domestic manufacturer of the similar or directly competing goods or consolidation of domestic manufacturers most of which of participants makes such goods; the foreign producer or the exporter of the goods which are object of investigation; the domestic importer of goods or consolidation of domestic importers most of which of participants performs import of such goods; the government or authorized body of country of source or the commodity export which is object of investigation or authorized body of consolidation of foreign states into which enter country of source or export of such goods; consumer (consolidation of consumers); state bodies of the Republic of Belarus; other persons whose rights and interests are infringed by investigation, and persons capable to render assistance in its carrying out;

countervailing measures - measures for restriction of the commodity import made and (or) exported with use of specific subsidies of foreign state (associations of foreign states) applied by means of introduction of the compensatory duty, including the temporary compensatory duty, or adoption of obligations by the subsidizing foreign state (consolidation of foreign states) on behalf of its authorized body or the exporter of subsidized goods;

material damage of industry of the Belarusian economy making similar goods - the deterioration of the situation of industry of the Belarusian economy making similar goods confirmed with proofs which occurred owing to dumping or subsidized commodity import and is expressed, in particular, in production reduction and realization of similar goods in the domestic market of the Republic of Belarus, decrease in profitability of production of such goods, adverse effect on trade inventories, the employment levels, the salary, investments into this industry of the Belarusian economy making similar goods;

measures for protection of economic interests - the measures for commodity import restriction performed by means of introduction and application of special protective, anti-dumping and countervailing measures;

the independent buyer - the buyer of the goods which are object of investigation which is not dependent subject in relation to the producer and (or) the exporter of such goods and (or) concerning which there are no bases to assume about availability at it with the producer and (or) the exporter of such goods of the agreement which has or can have the result restriction of the competition or damnification to the rights, freedoms and legitimate interests of other subjects of managing or consumers;

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

the normal price of goods - the price of similar goods in case of the regular course of trade in such goods;

object of investigation - goods concerning which the fact of availability of the increased, dumping or subsidized commodity import is determined;

the regular course of trade - purchase and sale of goods in the domestic market of foreign state (consolidation of foreign states) of the producer or exporter of the goods which are object of investigation at the price not below the weighted average cost and average profit margin determined proceeding from the weighted average production, trading, administrative costs and total costs;

the industry of the Belarusian economy making similar goods, set of all domestic manufacturers of similar goods or those from them which share constitutes the most part in the total production of such goods in the Republic of Belarus except for domestic manufacturers who perform its dumped imports or are dependent subjects in relation to exporters and (or) importers of such goods;

the industry of the Belarusian economy making the similar or directly competing goods - set of all domestic manufacturers of the similar or directly competing goods or that from them which share constitutes the most part in the total production of such goods in the Republic of Belarus;

industry of economy of foreign state (consolidation of foreign states) - set of all producers of the goods which are object of investigation in foreign state (consolidation of foreign states) or those from them which share constitutes the most part in the total production of such goods in foreign state (consolidation of foreign states);

the consumer - the subject of the civil law acquiring or using the goods which are object of investigation;

preceding period - three calendar years which are directly preceding day of filing of application about conducting investigation for which there are necessary data;

serious damage of industry of the Belarusian economy making the similar or directly competing goods - the essential deterioration in production, trade and financial position of industry of the Belarusian economy making the similar or directly competing goods confirmed with proofs which occurred owing to the increased commodity import and is expressed in general deterioration in situation in production in the Republic of Belarus of the similar or directly competing goods;

mitigation of special protective measures - increase in amount of the special import quota or decrease in rate of the special duty;

the special import quota - restriction according to this Law of commodity import on its quantity and (or) cost;

special protective measures - the measures for commodity import restriction applied by means of introduction of the special import quota or the special duty, including the temporary special duty;

subsidized commodity import - import on customs area of the Republic of Belarus of goods, in case of production, export or transportation of which the subsidy of foreign state (consolidation of foreign states) was used;

subsidy of foreign state (consolidation of foreign states) - financial support foreign state (consolidation of foreign states) of the producer and (or) exporter, industry of economy of foreign state (consolidation of foreign states) or groups of producers and (or) exporters or industries of economy of foreign state (consolidation of the foreign states) performing production or export of similar goods by means of direct transfer of money or the obligation to make such transfer; full or partial relief from tax, customs and other obligatory payments; complete or partial debt cancellation or loan granting (loan) for the purpose of assistance in its payment; preferential or non-paid provision of energy, materials, semifinished products, services, except for goods and services intended for maintenance and development of general infrastructure; the conclusions of the agreement with the non-state organization on application of one or several measures of support; other forms of support of the income or the prices which direct or indirect result are increase in export of any goods from the territory of foreign state (consolidation of foreign states) or reducing import of any goods on the territory of this foreign state (consolidation of foreign states);

threat of causing material damage of industry of the Belarusian economy making similar goods - the inevitability of causing material damage of industry of the Belarusian economy making similar goods confirmed with proofs;

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