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LAW OF THE REPUBLIC OF KAZAKHSTAN

of June 8, 2015 No. 316-V ZRK

About special protective, anti-dumping and countervailing measures in relation to the third countries

(as amended on 02-04-2019)

This Law governs the public relations connected using special protective, anti-dumping and countervailing measures in relation to the third countries for the purpose of protection of economic interests of the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the preliminary special duty - the duty applied in case of commodity import on customs area of the Eurasian Economic Union concerning which the body making investigation during the investigation prepares pre-trial detention about availability of the increased import which caused or threatens to cause serious damage to industry of economy of state members;

2) preliminary anti-dumping duty - the duty applied in case of commodity import on customs area of the Eurasian Economic Union concerning which the body making investigation during the investigation prepares pre-trial detention about availability of dumped imports and the material damage of industry of economy of state members caused by it, threats of its causing or essential delay of creation of industry of economy of state members;

3) the preliminary compensatory duty - the duty applied in case of commodity import on customs area of the Eurasian Economic Union concerning which the body making investigation during the investigation prepares pre-trial detention about availability of subsidized import and the material damage of industry of economy of state members caused by it, threats of its causing or essential delay of creation of industry of economy of state members;

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

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

6) special quota - establishment of certain import volume of goods on customs area of the Eurasian Economic Union within which goods are delivered on customs area of the Eurasian Economic Union without payment of the special duty and over which - with payment of the special duty;

7) special protective measure - measure for restriction of the increased commodity import for customs area of the Eurasian Economic Union which is applied according to the decision of the Eurasian economic commission by means of introduction of the import quota, special quota or the special duty, including the preliminary special duty;

8) the connected persons are persons who answer one or several of the following criteria:

each of these persons is employee or the head of the organization created with participation of other person;

are business partners, that is are connected by contractual relations, are effective for the purpose of generation of profit and jointly incur the expenses and losses connected with implementation of joint activities;

are employers and employees of one organization;

any person directly or indirectly owns, controls or is nominee holder of five and more percent of voting shares or shares of both persons;

one of persons directly or indirectly controls other person;

both persons are directly or indirectly controlled by the third party;

both persons together directly or indirectly control the third party;

consist in the marriage relations, the relations of relationship or property, the adoptive father (adopter) or adopted (adopted), and also the custodian and the ward;

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

10) anti-dumping measure - measure for counteraction to dumped imports which is applied according to the decision of the Eurasian economic commission by means of introduction of anti-dumping duty, including preliminary anti-dumping duty, or approval of the price obligations assumed by the exporter;

11) margin of dumping - the relation of normal value of a product expressed as a percentage less export price of these goods to its export price or the difference between the normal value of a product and its export price expressed in absolute measures;

12) indirect control - possibility of physical person or legal entity to determine the decisions made by the legal entity through physical person or legal entity or through several legal entities between whom there is direct control;

13) the Eurasian economic commission (further - the Commission) - the supranational body performing activities within the powers provided according to the Agreement on the Eurasian Economic Union ratified by the Law of the Republic of Kazakhstan of October 14, 2014 "About ratification of the Agreement on the Eurasian Economic Union" (further - the Agreement on the Eurasian Economic Union), and international treaties within the Eurasian Economic Union;

14) the import quota - restriction of commodity import for customs area of the Eurasian Economic Union on its quantity and (or) cost;

15) confidential information - information of limited access containing the commercial and protected by the law other secret, except for the state secrets;

16) state members - the states which are members of the Eurasian Economic Union and agreement parties about the Eurasian Economic Union;

17) industry of economy of state members - all producers of similar goods (for the purposes of anti-dumping and compensation investigations) or the similar or directly competing goods (for the purposes of special protective investigation) in state members or those from them, share in total production in state members according to which similar goods or the similar or directly competing goods constitutes essential part, but at least twenty five percent;

18) threat of causing serious damage of industry of economy of state members - the inevitability of causing serious damage of industry of economy of state members confirmed with proofs;

19) serious damage of industry of economy of state members - the general deterioration in situation confirmed with proofs and connected with production of the similar or directly competing goods in state members which is expressed in essential deterioration in production, trade and financial provisions of industry of economy of state members and is determined, as a rule, for preceding period;

20) material damage of industry of economy of state members - the deterioration of the situation of industry of economy of state members confirmed with proofs and which can be expressed, in particular, in production reduction of similar goods in state members and amount of its realization in the market of state members, decrease in profitability of production of goods, and also negative impact on trade inventories, employment, the salary level in this industry of economy of state members and the level of investments into this industry of economy of state members;

21) threat of causing material damage of industry of economy of state members - the inevitability of causing material damage of industry of economy of state members confirmed with proofs;

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

23) countervailing measure - the measure for neutralization of impact of specific subsidy of the exporting third country for industry of economy of state members applied according to the decision of the Commission by means of introduction of the compensatory duty (including the preliminary compensatory duty) or approvals of the voluntary obligations assumed by authorized body of the subsidizing third country or the exporter;

24) the regular course of trade - purchase and sale of similar goods in the market of the exporting third country at the price is not lower than its weighted average cost determined proceeding from the weighted average costs of production and the weighted average trading, administrative and total costs;

25) subsidized import - import on customs area of the Eurasian Economic Union of goods, in case of production, export or transportation of which the specific subsidy of the exporting third country was used;

26) the subsidizing body - state body or local government body of the exporting third country or the person acting at the request of the relevant state body or local government body or authorized by the relevant state body or local government body according to the legal act or proceeding from the actual circumstances;

27) authorized body in the field of foreign trade activity (further - authorized body) - the central executive body performing management and also in limits, stipulated by the legislation the Republic of Kazakhstan, cross-industry coordination in the field of regulation of foreign trade activity;

Investigation - the procedure performed by the body making investigations, preceding introduction special protective anti-dumping and compensatory died 28);

29) the body making investigations - the body determined by the Commission responsible for carrying out special protective, anti-dumping and countervailing investigations on customs area of the Eurasian Economic Union;

30) payers - persons determined according to the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan";

31) direct control - possibility of physical person or legal entity to determine the decisions made by the legal entity by means of making of one or several following actions:

implementation of functions of its executive body;

receipt of the right to determine conditions of conducting business activity of the legal entity;

the order in more than five percent of total quantity of the voices falling on shares (shares) constituting the authorized capital of the legal entity;

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

33) similar goods - the goods completely identical to goods which are or can become object of investigation (repeated investigation) or for lack of such goods - other goods having the characteristics close to characteristics of goods which are or can become object of investigation (repeated investigation);

34) the third countries - the countries and (or) the associations of the countries which are not agreement parties about the Eurasian Economic Union and also the territories included in the qualifier of the countries of the world approved by the Commission;

35) export price - the price which is paid or shall be paid in case of commodity import on customs area of the Eurasian Economic Union.

Article 2. The legislation of the Republic of Kazakhstan on special protective, anti-dumping and countervailing measures in relation to the third countries

1. The legislation of the Republic of Kazakhstan on special protective, anti-dumping and countervailing measures in relation to the third countries is based on the Constitution of the Republic of Kazakhstan, consists of this Law and other regulatory legal acts of the Republic of Kazakhstan.

2. If the international treaty ratified by the Republic of Kazakhstan establishes other rules, than those which are provided by this Law then are applied rules of the international treaty.

Article 3. Scope of this Law

1. Operation of this Law extends to the relations connected using special protective, anti-dumping and countervailing measures in relation to the third countries for the purpose of protection of economic interests of the Republic of Kazakhstan.

2. Operation of this Law does not extend to 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, currency and export exchange control which are regulated by other laws of the Republic of Kazakhstan.

Article 4. Competence of authorized body

Authorized body

1) interacts with the body making investigations concerning special protective, anti-dumping and countervailing measures;

Brings 2) in the body making investigations, offers on initiation of the investigations preceding application of special protective, anti-dumping and countervailing measures;

3) coordinates work of state bodies of the Republic of Kazakhstan concerning special protective, anti-dumping and countervailing measures;

Creates 4) and approves offers on special protective, anti-dumping or countervailing measures with the interested state bodies of the Republic of Kazakhstan;

5) develops regulatory legal acts concerning special protective, anti-dumping or countervailing measures;

6) interacts with official organs of other countries and the international organizations;

7) performs other powers provided by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

Article 5. Decisions on introduction, application, review, cancellation special protective, anti-dumping or compensatory died

Decisions on introduction and application, review or cancellation special protective, anti-dumping or compensatory died or non-use of adequate measure are accepted by the Commission.

Article 6. Calculation, payment and return of the special, anti-dumping and compensatory duties

Calculation of the special, anti-dumping, compensatory duties, origin and the termination of obligation on payment of these duties, determination of terms and procedure for their payment, transfer, distribution and return of the special, anti-dumping, compensatory duties are performed according to the procedure, provided by the Code of the Republic of Kazakhstan "About customs regulation in the Republic of Kazakhstan" for import customs duties.

Payment, transfer, distribution and return of the preliminary special, preliminary anti-dumping, preliminary compensatory duties are performed according to the Agreement on the Eurasian Economic Union.

Chapter 2. Special protective measures

Article 7. General principles of application of special protective measure

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

2. Special protective measure is applied to the goods imported on customs area of the Eurasian Economic Union from the exporting third country irrespective of the country of its origin, except for:

1) the goods occurring from the developing or the least developed third country user of the system of tariff preferences of the Eurasian Economic Union approved by the Commission until the share of import of these goods from such country does not exceed three percent from the total amount of import of these goods on customs area of the Eurasian Economic Union provided that the total share of import of these goods from the developing and least developed third countries, falls no more than three percent from the total amount of import of these goods on customs area of the Eurasian Economic Union to the share of each of which, does not exceed nine percent from the total amount of import of these goods on customs area of the Eurasian Economic Union;

2) the goods coming from the State Party of the Commonwealth of Independent States which is the agreement party about the free trade area, ratified by the Law of the Republic of Kazakhstan of October 25, 2012 "About ratification of the Agreement on the free trade area" in case of accomplishment of conditions, stipulated in Clause 9 the specified Agreements.

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