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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

(In edition of the Laws of the Republic of Kazakhstan of 26.12.2017 No. 124-VI ZRK, 02.04.2019 of No. 241-VI ZRK)

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 Euroasian 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;

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