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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of May 19, 2005 No. 129

About measures for implementation of the Law of the Republic of Uzbekistan "About protective measures, the anti-dumping and compensatory duties"

(as amended on 25-06-2021)

According to the Law of the Republic of Uzbekistan "About protective measures, the anti-dumping and compensatory duties" the Cabinet of Ministers decides:

1. Determine the Ministry of investments and foreign trade of the Republic of Uzbekistan in authorized body of conducting investigation for the purpose of application of protective measures, the anti-dumping and compensatory duties.

2. Approve Regulations on procedure for conducting investigations for the purpose of application of protective measures, the anti-dumping and compensatory duties according to appendix.

3. Form in structure of the Agency on external commercial relations of the Republic of Uzbekistan management on protective measures, the anti-dumping and compensatory duties with the number of staff of 6 units within the total established number of managerial personnel.

4. To the agency on external commercial relations of the Republic of Uzbekistan in two weeks to approve structure and regulations on management on protective measures, the anti-dumping and compensatory duties.

5. To impose control over the implementation of this resolution on the Deputy prime minister of the Republic of Uzbekistan Ganiyev E. M.

 

Prime Minister of the Republic of Uzbekistan
Shavkat Mirziyoev

Appendix

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of May 19, 2005 No. 129

Regulations on procedure for conducting investigations for the purpose of application of protective measures, the anti-dumping and compensatory duties

I. General provisions

1. This Provision according to the Law of the Republic of Uzbekistan "About protective measures, the anti-dumping and compensatory duties" determines procedure for conducting the investigation preceding application of protective measures, the anti-dumping and compensatory duties.

In this Provision the basic concepts determined in the Law of the Republic of Uzbekistan "About protective measures, the anti-dumping and compensatory duties" are used.

2. Protective measure can be applied to any goods if by results of investigation it is determined that import of these goods on customs area of the Republic of Uzbekistan is performed in such increased quantities (in absolute or relative expression to the total production of similar goods in the Republic of Uzbekistan) and on such conditions that causes or threatens to cause serious damage of industry of economy.

The anti-dumping duty can be applied to any goods which are import subject of dumping prices if by results of investigation it is determined that import of such goods on customs area of the Republic of Uzbekistan causes or threatens to cause serious damage of industry of economy.

The compensatory duty can be applied to any imported goods, in case of production, export or transportation of which the specific subsidy of foreign state (the union of foreign states) if by results of investigation it is determined that import of such goods on customs area of the Republic of Uzbekistan causes or threatens to cause serious damage of industry of economy was used.

3. The investigation made according to the this provision provisions shall precede introduction of protective measures, the anti-dumping or compensatory duties.

4. Investigation is made by the Ministry of investments and foreign trade of the Republic of Uzbekistan (further authorized body) for the purpose of establishment of availability of the increased commodity import, commodity import on dumping prices or import of the subsidized goods on customs area of the Republic of Uzbekistan and the serious damage caused by it or threat of causing serious damage of industry of economy. The decision on the beginning of investigation is made by authorized body.

The authorized body by results of investigation represents the conclusion about feasibility of application of protective measures, the anti-dumping or compensatory duties to the Cabinet of Ministers.

5. Interested persons when conducting investigation can be:

producers of the Republic of Uzbekistan of similar goods or merging of producers of the Republic of Uzbekistan most of which of participants makes such goods;

foreign producer, the foreign exporter or the importer of the Republic of Uzbekistan of the goods which are object of investigation or consolidation of foreign persons most of which of participants is producers and (or) exporters of these goods, and also merging of business entities of the Republic of Uzbekistan most of which of participants is importers of these goods;

the government of foreign state and (or) authorized body of country of source or the commodity export which is object of investigation or authorized body of the union of foreign states into which enter country of source or export of these goods.

The authorized body does not limit the right of other persons to act when conducting investigation as interested persons if the rights and interests of such persons are infringed by investigation and such persons are capable to render assistance in conducting investigation.

6. Interested persons act during the investigation independently or through the representatives who have according to the legislation of the Republic of Uzbekistan properly drawn-up powers.

If the interested person acts during the investigation through the authorized representative, the authorized body brings to the interested person information on investigation subject only by proxy of the representative of such interested person, except for case of unavailability of the authorized representative.

II. Procedure for filing of application about conducting investigation and the beginning of investigation

7. The investigation preceding application of protective measures, the anti-dumping or compensatory duties is conducted according to the written application of the legal entities or physical persons representing the interests of the corresponding industry of economy (further - the statement), or, taking into account provisions of paragraph two of this Item, at the initiative of authorized body.

Investigation can be made on own initiative authorized body in the presence of the proof of the increased commodity import, commodity import on dumping prices or import of the subsidized goods and the serious damage caused by such import or threat of causing serious damage of industry of economy.

8. The statement is considered given if it is supported by producers of the Republic of Uzbekistan whose cumulative production constitutes more than fifty percent of all similar goods made by part of producers of the Republic of Uzbekistan which expressed the opinion according to this statement in writing. At least twenty five percent of all production of similar goods in the Republic of Uzbekistan shall fall on share of the producers of the Republic of Uzbekistan which supported the statement.

The statement shall contain, taking into account reasonable opportunity of access for the applicant to such information:

information about the applicant, about quantitative and cost production volume of similar goods economy industry for preceding period;

the list of all domestic manufacturers of similar goods on behalf of whom the application, with indication of data on quantitative and cost production volume of similar goods by the specified producers, and also shares of each producer in the total production of such goods is submitted;

proofs of extent of support with the statement of other domestic manufacturers of similar goods with indication of if there are necessary data, data on quantitative production volume of similar goods each such producer. If the applicant does not provide the proof of extent of support with the statement of other producers of the Republic of Uzbekistan of similar goods, the authorized body for the purpose of decision making about the beginning of investigation can establish extent of support of the statement on the basis of information which is available at its order;

the description of the goods imported on customs area of the Republic of Uzbekistan with indication of code of the Commodity nomenclature of foreign economic activity, the name of the country (countries) of origin or departure of these goods, the information about the famous foreign producers and (or) exporters of these goods, and also about the famous importers of the Republic of Uzbekistan of these goods;

data on the prices and scope change of commodity import on customs area of the Republic of Uzbekistan in absolute and relative values for preceding period, about influence of such import on the prices of similar goods in the domestic market and on economy industry, about share of the imported goods in the domestic market of the Republic of Uzbekistan;

proofs of availability of commodity import on dumping prices concerning which it is offered to enter anti-dumping duty;

proofs of availability of specific subsidy with indication of, in case of opportunity, the size of such subsidy;

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