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LAW OF THE AZERBAIJAN REPUBLIC

of May 31, 2016 No. 261-VQ

About anti-dumping, countervailing and protective measures

(as amended of the Law of the Azerbaijan Republic of 03.05.2019 No. 1586-VQD)

According to Items 25 and 26 of part I of article 94 of the Constitution of the Azerbaijan Republic, this Law for the purpose of protection of economic interests in the Azerbaijan Republic regulates rules of application of anti-dumping, countervailing and protective measures against the dumping, subsidized or increased import causing damage or creating threat of causing damage to the local production sphere.

Chapter 1. General provisions

Article 1. Basic concepts

1.0. For the purpose of this Law the following concepts are used:

1.0.1. the regular business volume - purchase and sale of goods at the price is not lower than its average cost established in the domestic markets of the country of the producer or the country of the exporter based on average production, average trading, administrative and total expenses;

1.0.2. anti-dumping duty - type of the customs duty applied in connection with the dumped imports causing damage to the local production sphere;

1.0.3. anti-dumping measure - the measure performed in the form of application of anti-dumping, temporary anti-dumping duties against the dumped imports causing damage to the local production sphere, and (or) adoptions of price obligations by the exporter;

1.0.4. the investigating body - the relevant organ of the executive authority performing investigation on anti-dumping, countervailing and protective measures;

1.0.5. directly competing goods - the goods replaced (able to be replaced) in the course of consumption on other goods to destination, to use, quality and technical properties;

1.0.6. dumped imports - commodity import at the price below normal cost for customs area of the Azerbaijan Republic (further - customs area);

1.0.7. margin of dumping - the difference between export price and normal cost of the researched goods expressed as a percentage;

1.0.8. the special duty - type of the customs duty applied in connection with import in case of which the increased amount and conditions of commodity import cause damage to the local production sphere;

1.0.9. the import quota - restriction of commodity import for customs area with quantitative and (or) cost limits;

1.0.10. the compensatory duty - the type of customs duty applied in connection with the subsidized import causing damage to the local production sphere;

1.0.11. countervailing measure - the measure performed in the form of application to the subsidized import of the temporary compensatory duty and (or) adoption of obligations of authorized body of the exporting state providing subsidy or their union (further - foreign state) or the exporter;

1.0.12. export price of goods - the price at which the researched goods are imported on customs area, except as specified, provided in article 5.9 of this Law;

1.0.13. concerned parties - the exporter, the foreign producer, the importer of the researched goods or the unions of subjects of trading or business activity most of which of members is producers, exporters or importers of the researched goods; authorized body of the country of the exporter or importer of the researched goods; the producer of similar goods on customs area or the unions of subjects of trading or business activity most of which of members is producers of similar goods on customs area;

1.0.14. security measures - the measures performed in the form of application of the special duty, the temporary special duty and (or) the import quota against the increased import on customs area;

1.0.15. normal cost - selling price of similar goods in regular business volume in the domestic markets of the state of the producer or exporter;

1.0.16. similar goods - the goods identical or close to the researched goods on properties, irrespective of the country of the producer;

1.0.17. the subsidized import - import on customs area of goods, in case of production, export or transportations of which in compliance of article 10 of this Law the specific subsidy of foreign state was used;

1.0.18. the local production sphere - all producers of similar goods during investigation in connection with application of the anti-dumping or countervailing measures similar and (or) directly competing goods during investigation in connection with application of protective measures in the Azerbaijan Republic or the producers constituting the main part of local producers of these goods;

1.0.19. damage caused to the local production sphere - causing material damage to the local production sphere for the purpose of the investigation connected with anti-dumping and countervailing measures, threat of causing dangerous damage to the local production sphere or essential delay of creation of the local production sphere, causing serious damage to the local production sphere for the purpose of the investigation connected with protective measures or threat of causing serious damage;

1.0.20. the serious damage caused to the local production sphere - the essential deterioration in production, trade and financial position in the local production sphere which is followed by general deterioration of the situation in connection with production of the similar or directly competing goods on customs area as a result of growth of import volume;

1.0.21. the material damage caused to the local production sphere - the deterioration of the situation of the local production sphere confirmed with proofs and which is followed by reduction of production volume and sale of similar goods on customs area as a result of the dumping or subsidized import, decrease in profitability of production of similar goods, rendering negative impact on trade inventories, employment, the salary level in this sphere of production and amount of the enclosed investments;

1.0.22. threat of drawing serious damage to the local production sphere - inevitability of drawing serious damage to the local production sphere;

1.0.23. threat of drawing material damage to the local production sphere - inevitability of drawing material damage to the local production sphere.

Article 2. Legislation of the Azerbaijan Republic on anti-dumping, countervailing and protective measures

2.1. The legislation of the Azerbaijan Republic on anti-dumping, countervailing and protective measures consists of the Constitution of the Azerbaijan Republic, the Customs code of the Azerbaijan Republic, the Law of the Azerbaijan Republic "About customs tariff", this Law, other regulatory legal acts and international treaties which party is the Azerbaijan Republic.

2.2. In case of establishment in international treaties which party is the Azerbaijan Republic governed, other than this Law, these international treaties are applied.

Article 3. Protection of confidentiality

3.1. The data received according to this Law shall be used for designated purpose.

3.2. The investigating body shall protect the data which are considered as the confidential reasonable evidence produced by concerned parties, or being confidential in effect and similar data cannot be divulged without the permission of the party which provided them.

3.3. The investigating body has the right to demand from the party which provided confidential information, the summary of these data which is not confidential. Such summaries shall contain the explanations creating opportunity for understanding of essence of the data provided on the confidential basis. In case of impossibility of preparation of the summary of this data, the concerned party shall explain the reasons of it.

3.4. Officials of the investigating body bear responsibility according to the Criminal code of the Azerbaijan Republic, the Code of the Azerbaijan Republic about administrative offenses for disclosure of confidential information and the Civil code of the Azerbaijan Republic.

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