俄联邦保障、反倾销及反补贴措施法（英文）-欧洲杯足球官网

section i. general provisions
article 1. objectives and scope of application of the present federal law.
1. the objectives of the present federal law shall be to protect economic interests of domestic producers as a result of increased, dumped or subsidized import of goods into the customs territory of the russian federation.
the present federal law shall establish the procedure for the introduction and application of safeguard, antidumping and countervailing measures in regard to import of products.
2. the present federal law shall apply to legal relations arising in connection with investigations that are carried out prior to the introduction of safeguard, antidumping and countervailing measures, applications for the initiation of which are registered after the present federal law comes into force.
3. the present federal law shall not cover legal relations connected with rendering services, doing works, cession or granting exclusive rights to objects of intellectual property, as well as investment activities and currency control functions.
article 2. basic terms and definitions used in the present federal law
for the purposes of the present federal law the following basic terms shall be used:
a) a like product - the product which is fully identical to the product which is or may be under investigation or in the absence of such a product other product which possesses features similar to the features of the product which is or may be under investigation;
b) antidumping duty - the duty which is applied upon the imposition of antidumping measures and is levied upon by the customs authorities of the russian federation irrespective of the collection of the import customs duty;
c) antidumping measure - measure on counteracting the import of dumped products which shall be applied upon the decision of the government of the russian federation by imposing an antidumping duty as well as a provisional antidumping duty or approving of the pricing undertakings accepted by the exporter;
d) margin of dumping - a ratio of the normal cost of products with the exclusion of the export cost of such products to its export cost with the ratio expressed in percentage terms;
e) dumped imports - importation of a product in the customs territory of the russian federation at a price below the normal value of such a product;
f) import quota - restriction on the import of products in terms of quantity and (or) cost;
g) countervailing duty - a duty to be imposed upon the imposition of countervailing measures and to be collected by the customs authorities of the russian federation irrespective of the collection of the import customs duty;
h) countervailing measure - measures to compensate for effects of a specific subsidy of a foreign country (or a union of foreign countries) on the domestic industry that shall be applied by the decision of the government of the russian federation by imposing a countervailing duty, including a provisional countervailing duty, or by the approval of undertakings taken by the authorized body of a subsidizing foreign country (or a union of foreign countries) or by the exporter;
i) material injury to a domestic industry - positive evidence of the impairment to a domestic industry caused by dumped or subsidized imports, and manifested, in particular, by a decline of output and sales of the like product in the russian federation , and the volume of its realization on the market of the russian federation, reduction of production profitability of such product, as well as adverse effects on inventories, employment, wages, the level of investments to the affected domestic industry;
j) de minimis margin of dumping - a margin of dumping amounting to 2 per cent;
k) directly competitive product - a product which it wholly identical to the product that is or can be under investigation or is comparable to the product that is or can be under investigation in regard to its purpose, application, qualitative and technical characteristics as well as to other basic features to such an extent that a customer substitutes or is ready to substitute it in the process of the consumption of the product that is or can be under investigation;

l) normal value of a product - the price of a like product in the ordinary course of trade;
m) ordinary course of trade - purchase/sale of a product on the domestic market of a foreign country producing or exporting the product under investigation at a price that is higher than the weighted average prime cost which shall be determined on the basis of the weighted average of the production, trade, administrative and general costs;
n) domestic industry - all russian producers of a like product (for the purposes of the investigation preceding the imposition of an antidumping or a countervailing measure) or a directly competitive product (for the purposes of investigation preceding the imposition of a safeguard measure) or those of them whose share constitutes the major amount in the general production volume of a like or a directly competitive product, respectively, in the russian federation;
o) preceding period - three calendar years directly preceding the date of submitting an application for consideration with the necessary statistics available for the said period;
p) serious injury to a domestic industry - substantial deterioration of the state of production, trade or finances of the domestic industry which has occurred as a result of the increased import of products and result in an overall impairment in the production of the directly competitive product in the russian federation;
q) mitigation of a safeguard - increasing the amount of the import quota or decreasing the rate of the specific duty applied under a decision of the government of the russian federation;
r) specific duty - duty applied upon the imposition of a safeguard and levied upon by the customs authorities of the russian federation irrespective of the collection of the import customs duty;
s) safeguard measure - a measure on restricting increased imports into the customs territory of the russian federation that shall be applied by the decision of the government of the russian federation by imposing import quotas or a specific duty, including a provisional specific duty;
t) specific subsidy of a foreign country (or a union of foreign countries) - a subsidy that has limited access and is either granted to a certain producer and/or exporter, or to a certain group (or association) of producers and/or exporters, or to a certain industry of economy or directed to the export incentive or import substitution;
u) subsidised imports - importation of a product, upon whose production, exportation or transportation into the customs territory of the russian federation, a specific subsidy of a foreign country (or a union of foreign countries) was used;
v) subsidy of a foreign country (or a union of foreign countries) - a financial contribution made directly by the government or other state authority of a foreign country (or a union of foreign countries) or through a a non-governmental organization as entrusted or directed by the government of a foreign country (or a union of foreign countries) which gives the recipient of such a subsidy additional benefits and is rendered within the territory of the foreign country (or a union of foreign countries), in the form of:
a direct transfer of funds (e.g. grants, loans, and equity purchase), or obligations on the transfer of such funds (including in the form of loan guarantees);
refusal to levy or not levy charges which would be due to be
government revenue (including granting of tax credits), except for the cases of the exemption of an exported product from duties or taxes borne by the like product when destined for domestic consumption, or the remission of such duties or taxes in amounts not exceeding virtually accrued sums;
rendering of products or services on preferential or gratuitous terms except products and services meant for supporting and developing of the general infrastructure , i.e. infrastructure not related to a certain producer and/or exporter;
other support of profits or costs the direct or indirect result of which is increased export of products from a foreign country (or a union of foreign countries) or decreased import of products to such foreign country (or a union of foreign countries);
w) threat of causing material injury to a domestic industry - evidenced inevitability of causing a material injury to the domestic industry;
x) threat of causing serious injury to a domestic industry - evidenced inevitability of causing a serious injury to the domestic industry;
y) export price of a product - the price at which the product is imported to the customs territory of the russian federation.
article 3. investigations
1. the imposition of safeguard, anti-dumping and countervailing measures shall be preceded by an investigation to be conducted in observance of the provisions of the present federal law.
2. the investigations specified in paragraph 1 of this article shall be conducted with the aim of determining the existence of increased imports into the customs territory of the russian federation and resulting in serious injury or threat of such injury to a domestic industry, as well as that of dumped or subsidized imports, and the resulting material injury to a domestic industry, threat of material injury to a domestic industry or substantial retardation of the establishment of such an industry.
article 4. federal executive body responsible for investigations
the federal executive body to be responsible for conducting investigations in question (hereinafter, the "authorities conducting the investigation") shall be appointed
by the government of the russian federation.
based on the results of the investigation, the authorities, as specified herein, shall provide the government of the russian federation with a report containing proposals on the expediency of imposition, application, review or termination of safeguard, anti-dumping or countervailing measures with the enclosed draft decision of the government of the russian federation.
in cases envisaged by the present federal law the report can be submitted prior to completing an investigation.
article 5. decisions on the results of the investigation
within fourteen calendar days from the day of the registration of the report furnished by the authorities and containing proposals on the expediency of imposition, application, review or termination of safeguard, anti-dumping and countervailing measures, the government of the russian federation shall decide on the imposition, application, review or termination of such measures or on their non-application pursuant to the provisions of article 37 hereof.
section ii. safeguard measures
article 6. general principles of application of safeguard measures
1. a safeguard measure shall be applied to a product if, based on the results of an investigation carried out by the authorities, it has been established that such product is being imported into the customs territory of the russian federation in such increased quantities (absolute or relative to the domestic production or consumption of the directly competitive product in the russian federation) and under such conditions as to cause or threaten to cause serious injury to the domestic industry.
2. a safeguard measure shall be applied to the product imported to the territory of the russian federation in observance of paragraph 1 of this article, irrespective of the country of origin of such product, except where:
a product originates in the developing countries being users of the national system of preferences of the russian federation; if the import share of such products imported from such countries does not exceed three per cent of the whole volume of import of such products to the customs territory of the russian federation provided that the accumulated share of such products imported from developing countries, the share of each of which constituting not more than three per cent of the whole volume of the import of such product to the territory of the russian federation, does not exceed nine per cent of the whole volume of import of such products to the customs territory of the russian federation.
article 7. determination of serious injury or threat to serious injury to domestic industry
1. for the purpose of determining the existence of serious injury or threat thereof to the domestic industry from increased imports of products into the customs territory of the russian federation, the authorities conducting the investigation shall evaluate, during the course of the investigation conducted pursuant to articles 26 and 27 of the present federal law, objective factors which may be expressed in quantitative terms and affect the economic state of the domestic industry, including:
the rate and amount of the increase in imports of the product under investigation into the customs territory of the russian federation, in absolute or relative terms to the overall quantity of production or consumption of a directly competitive product in the russian federation;
the level of prices for the imported product under investigation compared with the price of a directly competitive product produced in the russian federation;
changes in the volume of sales of a directly competitive product produced on the domestic market of the russian federation;
changes in the volume of production of a directly competitive product, as well as in the pertinent productivity, capacity utilization, profits and losses, and the employment in the domestic industry;
the share of the imported product under investigation in the overall volume of sale of this product and a directly competitive product on the domestic market of the russian federation.
2. serious injury or threat of serious injury to the domestic industry as a result of the increased import of a product shall be established on the basis of the results of the analysis of all evidence and datarelated to the case and available to the authorities conducting the investigation.
the authorities conducting the investigation shall analyze other known factors, which simultaneously cause injury to the domestic industry. the authorities conducting the investigation shall not refer the said injury to serious injury to the domestic industry caused by the increased import of a product to the customs territory of the russian federation.
article 8. imposition of provisional specific duties
1. in case the authorities conducting the investigation determine, prior to completing the investigation, that a delay in the application of safeguard measures would cause serious injury to the domestic industry which would be difficult to restore thereafter, the government of the russian federation based on the report provided under article 4 of the present federal law and containing a preliminary determination of the authorities conducting the investigation that there is evidence of the casual relationship between the increased imports of a product into the customs territory of the russian federation and serious injury or threat thereof to the domestic industry, may decide on the application of safeguard measures by levying a provisional specific duty given the investigation is simultaneously continued in order to obtain a final determination thereon.
2. the authorities conducting the investigation shall, simultaneously with the submission of the report described in paragraph 1 of this article, notify in writing an authorized body of the respective foreign country (or a union of foreign countries) exporting a product under investigation, as well as other interested parties known to the authorities of the possible imposition of a provisional specific duty. if the authorized body of the foreign country (union of foreign countries) requests to hold consultations on the issue relating to the imposition of the provisional specific duty, such consultations shall be initiated after the government of the russian federation decides on the imposition of such duty.
3. the duration of a provisional specific duty shall not exceed two hundred days.
4. under the provisions of the customs code of the russian federation related to customs charges the provisional specific duty shall be paid to the deposit account of the federal executive body that directly supervises and controls the customs practices of the russian federation.
the amount payable as a provisional specific duty shall not be transferred to the federal budget prior to making a final decision on the application of safeguard measures based on the results of the investigation conducted in pursuance of articles 26 and 27 of the present federal law.
5. in cases where, based on the investigation results, as defined in articles 26 and 27 of the present federal law, it has been determined that the grounds, specified in paragraph 1 of article 6 hereof, do exist, the amounts of the provisional specific duty shall be transferred to the federal budget.
6. in cases where, based on the investigation results, as defined in articles 26 and 27 of the present federal law, it has been determined that the grounds, specified in paragraph 1 of article 6 hereof, do not exist, the amounts of the provisional specific duty shall be refunded to the taxpayer under the procedure established by customs legislation of the russian federation which concerns refunding customs payments.
7. in the case where, based on the investigation results, as defined in articles 26 and 27 of the present federal law, the specific duty is imposed or an import quota is established, the amounts of the provisional specific duty shall be transferred to the federal budget.
in cases where, based on the investigation results, as defined in articles 26 and 27 of the present federal law, it has been determined that the grounds, specified in paragraph 1 of article 6 hereof, do exist and a rate of the specific duty lower than a rate of the provisional specific duty is deemed advisable, a difference that appears between the amount of the provisional specific duty and that of the specific duty shall be refunded to the taxpayer under the procedure established by customs legislation of the russian federation for refunding customs charges. the remainder of the sums of the provisional specific duty shall be transferred to the federal budget.
if the rate of a specific duty is higher than that of a provisional specific duty, a difference between the amount of the specific duty and that of the provisional specific duty shall not be collected from the taxpayer.
8. in the case a decision on the application of a safeguard measure is made as a result of the investigation conducted in accordance with articles 26 and 27 of the present federal law the duration of a provisional specific duty shall be accounted for the total period of the application of a safeguard measure.
article 9. application of safeguard measures
1. a safeguard measure shall be applied as decided by the government of the russian federation as long as and to the extent necessary to eliminate serious injury to a domestic industry or threat thereof and to facilitate the adjustment of the domestic industry to the changing economic conditions..
2. a safeguard measure applied through the establishment of an import quota shall not reduce the quantity of imports of a product under investigation below its averaged annual level (in relation to value and/or quantity) for the preceding period, unless clear justification is given that a different level of the import quota is necessary to prevent or remedy serious injury to the domestic industry.
3. in cases in which an import quota is allocated among foreign countries (or unions of foreign countries) supplying a product under investigation, such foreign countries (or unions of foreign countries) interested in supplying the product concerned into the customs territory of the russian federation, a suggestion may be made to hold consultations on the issue of allocating the import quota among such countries.
in cases where the holding of consultations on the issue of allocating the import quota is not reasonably practicable or where in the course of holding such consultations no agreement is reached on the allocation as above, the import quota shall be allocated among foreign countries (or a union of foreign countries) interested in supplying the product under investigation into the customs territory of the russian federation in the proportion set when the product in question was supplied by the said foreign countries (or a union of foreign countries) for the preceding period based on the total quantity or value of imports of the product. in cases where imports from certain foreign countries (or a union of foreign countries) have increased in disproportionate percentage in relation to the total increase of imports of the product under investigation in the preceding period, the government of the russian federation can allocate the import quota among such foreign countries (or unions of foreign countries) with due regard to absolute and relative figures of the increased imports of the product from the referenced foreign countries (or unions of foreign countries) into the customs territory of the russian federation.
4. a product in whose respect it was decided to apply an import quota as a safeguard measure shall be imported into the customs territory of the russian federation based on a license to be issued as set forth by existing legislation of the russian federation on applying a quantitative restriction of imports.
article 10. duration and review of safeguard measures
1. the duration of a safeguard measure shall not exceed four years, except where such measure is extended as defined in paragraph 2 of this article.
2. the duration of a safeguard measure, as specified in paragraph 1 of this article, may be extended upon the decision of the government of the russian federation, in case the results of the investigative review conducted by the authorities conducting the investigation determine that termination of the serious injury or threat of serious injury of the domestic industry requires the extension of the application of the safeguard measure and there is evidence that the corresponding domestic industry takes measures facilitating its adjustment to the changing economic conditions.
in case the government of the russian federation decides to extend the duration of a safeguard measure, such measure shall not be more restrictive than the safeguard measure which was in force at the date of making a decision on the extension of the duration of the safeguard measure.
3. in cases where the duration of a safeguard measure is over one year, the authorities conducting the investigation shall, within the duration of the measure under consideration, submit a report on the results of its application to the government of the russian federation in order to assess any possible mitigation of the application of such safeguard measure.
in cases where the duration of a safeguard measure exceeds three years, the authorities conducting the investigation shall, not later than one second of the duration period of such measure, conduct an investigative review, which may result in the preservation, mitigationor termination of the safeguard measure.
4. the overall duration of a safeguard measure, including that of a provisional specific duty and the extended duration of the aforesaid measure, shall not exceed eight years. the safeguard measure shall not be applied repeatedly to the imported product it was once applied to, for the period equal to the application period of the initial safeguard measure provided that the period of non-application of the safeguard is not less than two years.
in the exception to the rules established by the previous paragraph a safeguard measure the duration of which is 180 or fewer days may be applied repeatedly to the imported goods in case less than a year has passed from the day of the application of the initial safeguard measure and such measure has not been applied to this product more than two times during a five year period which preceded directly the day of the imposition of this measure.
section iii. anti-dumping measures
article 11. grounds for application of anti-dumping measures
an anti-dumping measure shall be applied to any imported product which is being dumped if it has been determined based on the results of an investigation carried out by the authorities conducting the investigation that imports of such product into the customs territory of the russian federation causes material injury to a domestic industry or threatens to cause material injury to the domestic industry, or considerably retards the establishment of such industry.
article 12. determination of dumped imports
1. a product is to be considered dumped, if its export price is lower than the comparable price established for the like product in the ordinary course of trade on the domestic market of the foreign country from which the product is exported.
2. when there are no sales/purchases of the like product in the ordinary course of trade on the domestic market of the foreign country from which the dumped product is exported or when, because of the low volume of sales of the like product on the domestic market or the particular market situation on the domestic market of the foreign country from which the dumped product is exported it is not possible to make a proper comparison between the export price of the product and the price for the like product, the export price of the product shall be compared either with a comparable price of the like product exported from the said foreign country to a third country provided that the price of the like product is representative, or with the cost of production of this product in the country of origin with regard to a reasonable amount of administrative, selling and any general costs and profits.
the volume of sales of the like product in the ordinary course of trade on the domestic market of the foreign country from which the dumped product is exported shall be considered sufficient for the determination of the normal value of the product if such sales constitute not less than five per cent of the total volume of exports of the dumped product from the said foreign country to the customs territory of the russian federation. a lower volume of sales of the like product in the ordinary course of trade shall be acceptable for the determination of the normal value of such product if there is evidence that such volume is sufficient for a proper comparison of the export price of the dumped product and the price of the like product in the normal course of trade.
sales of the like product on the domestic market of the foreign country from which the dumped product is exported or export of the like product from the said foreign country to a third country at prices per unit below (fixed and variable) costs of production with regard to administrative, selling and general costs may be treated as not being in the ordinary course of trade by reason and may be disregarded in determining the normal value only if the authorities conducting the investigation determine that such sales of the like product are made within no less than six months in substantial quantities and at prices which do not provide for the recovery of all costs within the said period of time. in case the price of the like product being lower at the time of sale than the cost of production per unit with regard to administrative, trade, and general costs, exceeds the weighted average per unit costs with regard to administrative, trade, and general costs for the period of investigation, such prices shall be considered to provide for recovery of costs within no less than six months.
sales of the like product at prices below per unit production costs with regard to administrative, trade and general costs shall be considered as made in substantial quantities when the authorities conducting the investigation establish that the weighted average price of the like product in the transactions which are considered when under determining the normal value of the product is below the weighted average per unit costs with regard to administrative, trade, and general costs, and the volume of sales below per unit costs constitutes not less than twenty per cent of the volume sold in transactions considered in the determination of the normal value of the product.
per unit production costs with regard to administrative, selling, and general costs shall normally be calculated on the basis of records kept by a foreign exporter or foreign producer under investigation, provided that such records are in accordance with the generally accepted accounting principles and rules of the corresponding exporting country and reflect the costs linked to the production and sale of the like product. the authorities conducting the investigation shall consider all available evidence on the proper allocation of costs of production, administrative, selling, and general costs provided that such allocation of costs is within usual practice by the foreign exporter or foreign producer under, in particular in relation to establishing appropriate amortization and depreciation periods and allowances for capital expenditure and other development costs. when allocating production costs, administrative, selling, and general costs reflected in the cost allocations under this sub-paragraph, costs shall be adjusted appropriately for those non-recurring costs meant for the development of the production, or for circumstances in which costs during the period of investigation are affected by start-up operations. being affected by start-up operations the adjustment of production costs, administrative, selling, and general costs shall reflect the costs at the end of the start-up period or, if that period extends beyond the period of investigation, the most recent costs which can reasonably be taken into account by the authorities during the investigation.
the total quantitative amounts for administrative, selling and general costs and for profits shall be based on actual data pertaining to production and sales of the like product in the ordinary course of trade submitted by a foreign exporter or foreign producer of the product under investigation. when such total quantitative amounts cannot be determined on this basis, the amounts may be determined on the basis of:
the actual amounts invested and expended by the foreign exporter or foreign producer of the product under investigation in respect of production and sales of the same general category of the product under investigation on the domestic market of the country of origin of the product under investigation;
the weighted average of the actual amounts invested and expended in respect of the production and sales of the like product on the domestic market of the country of origin of the product under investigation by other foreign exporters or foreign producers of such product;
other method, provided that the amount of profits so established shall not exceed the profit normally received by other foreign exporters or foreign producers of the same category of the product upon its sale on the domestic market of the country of origin.
3. in case of dumped imports from a country, whose domestic prices are regulated directly by the government or there is state monopoly of foreign trade, the normal value of the product shall be determined on the basis of the price or calculated value of the like product in an appropriate third country (compared with the first country for the purposes of the investigation), or the price of the like product when it is procured from such third country to other countries, including the russian federation. where the determination of the normal value of the product in accordance with the provisions of present paragraph is impracticable, the normal value of the product can be established on the basis of the price paid or payable for like product in the russian federation and duly adjusted in regard to the profit.
within the meaning of this paragraph, upon the determination of the normal value of a product, a country whose domestic prices are regulated directly by the government or there is state monopoly of foreign trade shall meet, inter alia, the following criteria:
the extent to which the currency of the foreign country, from which the product under investigation is exported, is convertible on international foreign currency markets;
the extent of government interference with decisions on the establishment of prices of the like product, determination of production costs, output of production, purchase of raw material, use of technologies as well as on the level of investments made by foreign exporters or foreign producers of a product under investigation;
the extent of government interference with decisions on the determination of export prices and volume of export supply made by foreign exporters or foreign producers of a product under investigation;
the extent of government interference in the establishment of wage rates made by foreign exporters or foreign producers of a product under investigation;
the extent of government influence on the activity of juridical persons with foreign participation or on the making of investments by foreign juridical persons on the territory of a foreign country from which the product under investigation is exported;
absence of the product under investigation with foreign exporters or foreign producers, of a unified form of accounting records compliant with generally accepted principles and rules of keeping accounting records used for any purposes.
4. the authorities conducting the investigation shall determine the normal value of a dumped product based on evidence and information that is available to them.
5. in cases where there is no data on the export price of the product under investigation or where it appears to the authorities that the export price is unreliable because of the link between the exporter and the importer of the product including the link of each of them with a third person, or because of the restrictive business practice in the form of conspiracy in regard to the export price of the said product, the export price may be calculated on the basis of the price at which the imported products are first resold to an independent buyer, or other method which shall be determined by the authorities conducting the investigation in case the imported products are not resold to an independent buyer, or not resold in the condition as it was imported into the customs territory of the russian federation.
for the purposes of this paragraph, as well as paragraph 2 of article 33 hereof, exporters, importers, and other persons shall be deemed to be linked, if they are recognized as affiliated in accordance with the antimonopoly legislation of the russian federation.
6. a comparison between the export price and the normal value shall be made at the same stage of a trade operation and in respect of sales made at as nearly as possible at the same time.
when comparing the export price of the product with its normal value due allowance shall be made taking into account the differences which affect the comparability of prices, including differences in conditions and terms of procurement, in each case, on its merits, for differences which affect price comparability, including differences in conditions and terms of sale, taxation, stages of trade operations, quantitative figures, physical characteristics as well as any other differences which are evidenced to affect price comparability. in the cases referred to in paragraph 3 of this article, expenses, including duties and taxes, paid at the period between importation and resale of products, and profits made should also be considered. the authorities conducting the investigation shall be entitled to request information from interested parties, which may be necessary to ensure a fair comparison between the export price of a product and its normal value.
in cases where the comparison between the export price of a product and its normal value requires a conversion of currencies, such conversion shall be made using the rate of exchange on the day of sale of products. where a sale of foreign currency was directly linked to the export procurement involved and was made forward, the rate of exchange in the forward sale shall be used. the authorities conducting the investigation shall ignore fluctuations in exchange rate and shall allow exporters at least sixty days to adjust their export prices in regard to steady changes in currency rates for the period of investigation.
the existence of margins of dumping during the investigation phase shall normally be established on the basis of a comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions or by a comparison of normal value and export prices of every comparable export transaction. a normal value established on a weighted average basis may be compared to prices of individual export transactions if the authorities conducting the investigation establish that export prices differ significantly among different purchasers, regions or transaction periods, and if there are grounds for such differences not to be appropriately considered in case of the comparison between the average weighted normal value of a product and the average weighted prices of all comparable export transactions or a comparison between the normal value of a product and the export price of every comparable export transaction.
7. in case dumped import products are not imported directly from the country of origin but are exported to the customs territory of the russian federation from a third country, the export price of such product shall be compared with the comparable price of a like product in the foreign country from which the dumped import product is exported.
the comparison of the export price of a dumped import product may be made with a comparable price of a like product in the country of its origin, if the product is merely transshipped through the foreign country from which it is exported to the customs territory of the russian federation, or such product is not produced in that foreign country, or there is no comparable price for the like product in that foreign country.
article 13. determination of the existence of injury to domestic industry from dumped imports
1. injury to a domestic industry as a result of a dumped import product shall be established on the results of the analysis of both the volume of the dumped import product and the effect of the dumped imports on prices of like products on the market of the russian federation, and the consequent impact of such imports on domestic producers of the like products.
2. in this article as well as in article 5 of the present federal law, the term "injury to a domestic industry" shall, unless otherwise specified, be taken to mean material injury to a domestic industry, threat of material injury to a domestic industry or substantial retardation of the establishment of such an industry.
3. with regard to the volume of the dumped imports, the authorities conducting the investigation shall determine whether there has been an increase in dumped imports (either in absolute terms or relative to production or consumption of the like product in the russian federation).
with regard to the effect of the dumped imports on prices in the domestic market, the authorities conducting the investigation shall establish:
whether the prices for the dumped imports were lower than the prices for the like product on the market of the russian federation;
whether the dumped imports have caused a decline in prices for the like product on the market of the russian federation;
whether the dumped imports have prevented a rise in pieces for the like product on the market of the russian federation which could have taken place in the absence of such imports.
4. where imports of a product to the customs territory of the russian federation from more than one foreign country are simultaneously subject to anti-dumping investigations, the authorities conducting the investigation may cumulatively assess the effects of such imports only if they determine that:
the margin of dumping established in relation to the imports from each foreign country exceeds de minimis, and the volume of imports from each foreign country is not substantial under the provisions of sub-paragraph 2 of paragraph5 of article 29 of the present federal law,
a cumulative assessment of the effects of the imports is appropriate taking into account the conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product.
5. the examination of the impact of the dumped imports on the domestic industry shall include an evaluation of the economic factors and indices having a bearing on the state of the industry, including:
the extent to which the economic position of the domestic industry has been restored after the effects of dumped or subsidised imports which occurred before;
actual and potential decline in production, sales of the product its share on the market of the russian federation, profits, output, market share, productivity, return on investments, or use of industrial capacity;
factors affecting domestic prices;
the amount of the margin of dumping;
actual and potential negative effects on cash flow, inventories, employment, wages, production growth, ability to attract investments.
6. the effect of the dumped imports shall be assessed in relation to the production of the like product in the russian federation when available data permit the separate identification of that production on the basis of such criteria as the production process, producers' sales and profits. if the data available does not permit such separate identification of the production of the like product, the effects of the dumped imports shall be assessed by the examination of the production of the narrowest group or range of products, which include the like product and on which the necessary data can be provided.
7. the establishment of injury to the domestic industry as a result of dumped import of a product shall be based on an examination of all relevant evidence and information available to the authorities conducting the investigation. the authorities shall also examine other known factors which at the same time are injuring the domestic industry. the injuries caused to the domestic industry by these other factors must not be attributed to injuries to the domestic industry caused by the dumped imports.
8. in determining the existence of a threat of material injury to the domestic industry, the authorities conducting the investigation shall consider the following factors:
rates of increase of dumped imports testifying actual possibility of further increase in such imports;
whether the exporter possesses dumped import products, sufficient export capacities or evident irreversibility of their increase which evidence actual possibility of the increase in dumped import of this product taking into account the possibility of other export markets to absorb any additional export of this product; the level of prices of dumped imports if such level of prices can lead to a decrease or restricting of prices for the like products on the market of the russian federation or a further increase in demand for dumped products;
exporter's inventories of the dumped import product.
a decision on the existence of the threat of material injury to the domestic industry shall be made if in the course of the investigation on the results of the analysis of the factors mentioned in the present paragraph the authorities conducting the investigation have come to the conclusion on the irreversibility of the continuance of the dumped import products and on causing material injury to the domestic industry by such products if no antidumping measures are applied.
article 14. imposition of provisional anti-dumping duties
1. in cases where the information submitted prior to completing the investigation evidences the existence of dumped imports and the resulting injury to the domestic industry, the government of the russian federation, based on the report provided under the provisions of article 4 hereof and containing a preliminary conclusion by the authorities conducting the investigation, may decide on the application of anti-dumping measures by levying provisional anti-dumping duties in order to prevent injury to the domestic industry caused by dumped imports during the investigation.
the decision on the application of provisional anti-dumping duties shall not be made sooner than sixty days from the date of initiation of the investigation.
2. the rate of the provisional anti-dumping duty shall not exceed the margin of dumping as provisionally established.
in the event the amount of the provisional anti-dumping duty equals the provisionally estimated margin of dumping, the application of such provisional anti-dumping duty shall not exceed four months, except where the said application is extended to six months upon request by exporters whose share in the dumped import of products under investigation constitutes not less than eighty per cent.
in the event the provisional anti-dumping duty rate is less than the provisionally estimated margin of dumping, the application of such provisional anti-dumping duty shall not exceed six months, except where the said application is extended to nine months upon request by exporters whose share in the dumped import of products under investigation constitutes not less than eighty per cent.
3. the provisional anti-dumping duty shall be payable in accordance with the provisions of the customs legislation of the russian federation to the deposit of the federal executive body involved in the customs practices.
the amount payable as a provisional anti-dumping duty shall not be transferred to the federal budget prior to making a final decision on the application of anti-dumping measures based on the results of the investigation conducted in pursuance of articles 26-29 of the present federal law. if, given the exporter of the product under investigation accepts price undertakings, the investigation continues under paragraph 6 of article 15 hereof, the amounts of the provisional anti-dumping duty shall not be transferred to the federal budget until a decision is made on the basis of the investigation carried out in compliance with article 26-29 hereof.
4. in cases where, based on the investigation results, as defined in article 26-29 hereof, it has been determined that the grounds, specified in article 11 hereof, do exist, the amounts of the provisional anti-dumping duty shall be transferred to the federal budget.
5. in cases where, based on the investigation results, as defined in article 26-29 hereof, it has been determined that the grounds, specified in article 11 hereof, do not exist, the amounts of the provisional anti-dumping duty shall be refunded to the taxpayer under the procedure established by the customs legislation of the russian federation in respect of refunding customs payments. the amounts of the provisional anti-dumping duty shall also be refunded to the taxpayer if the price undertakings, as defined in paragraph 6 of article 15 hereof, from the exporter of the product under investigation are lapse.
6. in cases where, based on the investigation results, as defined in articles 26-29 hereof, the anti-dumping duty is imposed or the price undertakings, as defined in paragraph 1 of article 15 hereof, are accepted, the amounts of the provisional antidumping duty shall be transferred to the federal budget.
in cases where, based on the investigation results, as defined in articles 26-29 hereof, it has been determined that the grounds, specified in article 11 hereof, do exist and the rate of the anti-dumping duty lower than the rate of the provisional anti-dumping duty is deemed expedient, a difference that appears between the amount of the provisional anti-dumping duty and that of the anti-dumping duty shall be refunded to the taxpayer under the procedure established by the customs legislation of the russian federation for the refund of customs charges. an accrued balance of the amounts of the provisional anti-dumping duty shall be transferred to the federal budget.
if the rate of the anti-dumping duty is higher than that of the provisional anti-dumping duty, a difference between the amount of the anti-dumping duty and that of the provisional anti-dumping duty shall not be collected from the taxpayer.
7. the relevant provisions of article 16 hereof shall be followed in the application of provisional anti-dumping duty.
article 15. accepting of price undertakings by the exporter of a product under investigation
1. investigation proceedings may be suspended or terminated by the authorities conducting the investigation without the imposition of provisional or definitive anti-dumping duties upon receipt in writing of satisfactory voluntary undertakings from any exporter of a product under investigation to revise its prices or to cease exports to the customs territory of the russian federation at prices lower than the normal value of such products (and on the support of such undertakings of the exporter by his affiliated persons in case the exporter has affiliated persons in the russian federation) in case as a result of the examination of such undertakings the authorities conducting the investigation come to the conclusion that accepting such undertakings eliminates the injurious effects of the dumped imports and the government of the russian federation decides on the approval of these undertakings. under such undertakings the prices for the product under investigation shall not be higher than necessary to eliminate the margin of dumping. the increase in prices for the product under investigation may be less than the margin of dumping in case such increase is sufficient for the elimination of injury to the domestic industry.
2. decision on approving the undertakings, defined in paragraph 1 of this article shall not be made by the government of the russian federation unless the authorities conducting the investigation have made a preliminary affirmative determination of the existence of dumped imports and injury to the domestic industry caused by such imports.
3. decision on approving the undertakings, defined in paragraph 1 of this article, shallnot be made by the government of the russian federationif the authorities conducting the investigation consider their acceptance impractical, because of the large number of actual or potential exporters of the product under investigation, or for reasons of state policy. should the case arise, the authorities conducting the investigation shall provide to the exporter the reasons which have led them to consider acceptance of an undertaking as inappropriate, and shall give the exporter an opportunity to make comments thereon.
4. the authorities conducting the investigation shall require every exporter who offers an undertaking, as defined in paragraph 1 of this article, to provide a non-confidential version of such undertaking, so that it may be made available to other interested parties involved.
5. undertakings, as defined in paragraph 1 of this article, may be suggested by the authorities conducting the investigation to the exporters, but no exporter shall be forced to enter into such undertakings.
6. if the undertakings, as defined in paragraph 1 of this article, are by the government of the russian federation, the investigation of dumped imports and injury to the domestic industry caused by such imports shall be continued upon request of the exporter of a product under investigation or upon a respective decision of the authorities conducting the investigation. if a negative determination of dumped imports or injury is made based on the investigation results, undertakings, as defined in paragraph 1 of this article, from the exporter shall automatically lapse, except in cases where such determination is due in large part to the existence of an undertaking. should this occasion arise the authorities conducting the investigation may require that the exporter of a product under investigation ensure for the undertaking be maintained for a necessary period. if, with the investigation conducted in accordance with articles 26-29 of the present federal law, the authorities conducting the investigation make an affirmative determination of dumped imports and the resulting injury to the domestic industry based on the investigation results, the undertakings from the exporter specified in paragraph 1 of this article, shall continue consistent with their terms.
7. the authorities conducting the investigation may require the exporter whoseundertakings, as defined in paragraph 1 of this article, have been approved by the government of the russian federation to provide information relevant to the fulfillment of such undertakings and to consent to the verification of this information. non-submission of the required information shall be regarded as violation of the undertakings that have been imposed on the exporter.
8. in case of violation or withdrawal by the exporter of undertakings that have been imposed and are specified in paragraph 1 of this article, the government of the russian federation shall decide to apply an anti-dumping measure by the imposition of a provisional anti-dumping duty if the investigation has not been concluded, or a definitive anti-dumping duty if the investigation has been concluded with a final determination as to the grounds, specified in article 11 hereof.
in case of any violation of undertakings by the exporter, such exporter shall be given the opportunity to comment thereon.
9. the amounts of the provisional or definitive anti-dumping duties that can be imposed under the provisions of paragraph 8 of this article shall be specified in the affirmative determination of the authorities conducting the investigation on whose basis undertakings defined in paragraph 1 of this article shall be accepted.
article 16. application of anti-dumping duties
1. anti-dumping duties shall be applied in relation to dumped import products which are exported by all exporters and cause injury to the domestic industry except the products from those exporters who accepted the undertakings and whose undertakings were approved of by the government of the russian federation in accordance with the provisions of article 15 of the present federal law.
2. where the authorities conducting the investigation determine an individual margin of dumping under paragraph 2 of article 29 hereof, anti-dumping duties shall be applied individually in regard to imports from each known foreign exporter or foreign producer of the product under investigation.
where the authorities conducting the investigation determine a single margin of dumping under paragraph 3 of article 29 hereof, anti-dumping duties shall be applied, on a non-discriminatory basis, to imports from all known foreign exporters or foreign producers of the dumped import product.
3. the amount of the anti-dumping duty shall not exceed the margin of dumping.
article 17. duration and review of anti-dumping measures
1. an anti-dumping duty shall be applied upon the decision of the government of the russian federation in the amount and for the period necessary to eliminate the injury to the domestic industry as a result of dumped imports.
2. the need for the continued application of the anti-dumping duty or the review of its amount, as well as the need for the continued duration of the undertakings, specified in paragraph 1 of article 15 hereof, or for the revision of the terms thereof shall be defined by the government of the russian federation based on the report submitted under the provisions of article 4 hereof and containing a determination of the authorities conducting the investigation on the results of reviews conducted on the initiative of the authorities or upon request by any interested party which submits positive information substantiating the need for such a review.
interested parties shall have the right to request the authorities conducting the investigation to consider the necessity of the continued application of the anti-dumping measure so as to eliminate injury to a domestic industry as well as to consider the probability of the continuing cause of injury to the domestic industry if the duty was removed or varied.
if, as a result of the review under this paragraph, it is determined that the extension of the anti-dumping duty is not warranted, the government of the russian federation, based on the report submitted under article 4 hereof and containing a determination of the authorities conducting the investigation, shall decide on the termination of the anti-dumping measure.
in order to review the anti-dumping measure another investigation shall not be commenced earlier than a year since the date of the application of such measure.
3. notwithstanding the provisions of paragraphs 1 and 2 of this article, the duration period of an anti-dumping measure shall not exceed five years since the application date of this measure or since the date of the most recent review thereof.
4. in order to review an anti-dumping measure another investigation shall be completed during twelve months since the date of the initiation of another investigation.
section iv. countervailing measures
article 18. general principles of application of countervailing measures
1. a countervailing measure shall be applied to any imported product upon whose production, exportation or transportation into the customs territory of the russian federation, a specific subsidy of a foreign country (or a union of foreign countries) was used if it has been determined based on the results of an investigation carried out by the authorities conducting the investigation that imports of such product into the customs territory of the russian federation cause or threaten to cause material injury to a domestic industry or considerably retard the establishment of such an industry.
2. the government of the russian federation shall establish the procedure for calculating the amount of a specific subsidy granted by a foreign country (or a union of foreign countries) as defined in paragraph 1 of this article.
article 19. principles of referring of a subsidy granted by a foreign country (a union of foreign countries) to specific
1. a subsidy of a foreign country (or a union of foreign countries), as defined in article 2 hereof, shall be specific where the granting authority, or the legislation pursuant to which the granting authority operates, explicitly limits access to a subsidy to certain enterprises.
for the purpose of this article, certain enterprises shall be interpreted as referring to a certain producer and/or exporter, or a certain industry of a foreign country (or a union of foreign countries), or a group (union, association) of producers and/or exporters or industries of a foreign country (or a union of foreign countries).
2. in any case a subsidy of a foreign country (or a union of foreign countries) shall be deemed as specific if the granting of such subsidy is accompanied by:
use of a subsidy by a limited number of certain enterprises;
predominant use by certain enterprises;
the granting of disproportionately large amounts of subsidy to certain enterprises;
the manner in which discretion has been exercised by the granting authority in the decision to grant a subsidy to certain enterprises.
a subsidy of a foreign country (or a union of foreign countries) the use of which is limited to certain enterprises located within a designated geographical region shall be specific.
any subsidy of a foreign country (or a union of foreign countries) shall be deemed to be specific in cases where:
subsidies contingent, in law or in fact, whether solely or as one of several other conditions, upon export performance. the subsidy shall be regarded as contingent in fact with the export results if granting of a subsidy which is not juridically contingent with the export results is contingent with actually past or potential export or export profits in practice;
the subsidy is contingent, in law or in fact, whether solely or as one of several other conditions, with the use of domestic products instead of imported ones.
3. a subsidy of a foreign country (or a union of foreign countries) shall not be deemed as specific where the granting authority, or the legislation establishes objective criteria or conditions determining absolute right to receiving a subsidy (depending, inter alia, on the number of employees and the volume of output), and the amount of this subsidy, provided that such criteria and conditions are strictly adhered to.
article 20. determination of the existence of injury to domestic industry caused by subsidized imports
1. a determination of injury to a domestic industry shall be established on the basis of positive evidence and an objective examination of both the volume of the subsidized imports and the effect of the subsidized imports on prices for like products on the domestic market and the consequent impact of these imports on the domestic producers of such products.
2. under this article, and also under article 5 of the present federal law the term "injury to a domestic industry" shall, unless otherwise specified, be taken to mean material injury to a domestic industry, threat of material injury to a domestic industry or substantial retardation of the establishment of such an industry.
3. with regard to the volume of the subsidized imports, the authorities conducting the investigation shall consider whether there has been a significant increase in subsidized imports (either in absolute terms or relative to production or consumption of the like product in the russian federation).
with regard to the effect of the subsidized imports on prices for a like product on the domestic market, the authorities conducting the investigation shall consider:
whether the prices for subsidized imports were lower than the prices of a like product on the domestic market of the russian federation;
whether the subsidized import of the products has led to a decline in the prices of a like product on the domestic market of the russian federation;
whether the subsidized imports have prevented an increase in prices for the like product on the domestic market of the russian federation.
4. where imports of a product from more than one foreign country are simultaneously subject to countervailing duty investigations, the authorities conducting the investigation may cumulatively assess the effects of such imports only if they determine that:
the amount of subsidization established in relation to the imports of each foreign country is more than one per cent of its value and the volume of imports from each foreign country is not insufficient;
a cumulative assessment of the effects of the imports is appropriate in light of the conditions of competition between the imported products and the conditions of competition between the imported products and the like domestic product.
5. the examination of the impact of the subsidized imports on the domestic industry shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the industry, including:
actual and potential decline in output, sales, market share, profits, productivity, return of investments, or use of production capacity;
factors affecting domestic prices;
actual and potential negative effects on cash flow, inventories, employment, wages, growth of production, ability to attract investments.
6. the effect of the subsidized imports shall be assessed in relation to the domestic production of the like product when available data permit the separate identification of that production on the basis of such criteria as the production process, producers' sales and profits. if such separate identification of that production is not possible, the effects of the subsidized imports shall be assessed by the examination of the production of the narrowest group or range of products, which includes the like product, for which the necessary data can be provided.
7. the establishment of injury to the domestic industry as a result subsidized import of a product shall be based on an examination of all relevant evidence and information available to the authorities conducting the investigation. the authorities shall also examine any known factors other than the subsidized imports, which at the same time are injuring the domestic industry. the injuries caused to the domestic industry by these other factors must not be attributed the authorities conducting the investigation to the subsidized imports.
8. in determining the existence of a threat of material injury to the domestic industry, the authorities conducting the investigation shall consider the following factors:
the nature, amount of the subsidy under consideration or subsidies and their possible effect on trade;
rates of increase of subsidized imports testifying actual possibility of further increase in such imports;
whether the exporter possesses subsidized import products, sufficient export capacities or evident irreversibility of their increase which evidence actual possibility of the increase in subsidized import of this product taking into account the possibility of other export markets to absorb any additional export of this product;

whether a subsidized import product enters at prices that will have a depressing or suppressing effect on the prices of the like product on the domestic market, and would likely increase demand for further subsidized import products;
exporter's inventories of the subsidized import product.
a decision on the existence of the threat of material injury to the domestic industry shall be made if in the course of the investigation on the results of the analysis of the factors mentioned in the present paragraph the authorities conducting the investigation have come to the conclusion on the irreversibility of the continuance of the subsidized import products and on causing material injury to the domestic industry by such products if no countervailing measures are applied.
article 21. imposition of provisional countervailing duties
1. in cases where the information submitted prior to completing the investigation evidences the existence of subsidized imports and the resulting injury to the domestic industry, the government of the russian federation, based on the report provided under article 4 hereof and containing a preliminary affirmative determination of the authorities conducting the investigation, may decide on the application of countervailing measures by levying provisional countervailing duties for as short a period not exceeding four months, in order to prevent injury to the domestic industry caused by subsidized imports during the investigation.
decision on the application of provisional countervailing duties shall not be applied sooner than sixty days from the date of initiation of the investigation.
2. provisional countervailing duties shall be equal to the amount of the provisionally calculated amount of subsidization.
3. the provisional countervailing duty shall be payable in accordance with the provisions of the customs legislation of the russian federation to the deposit of the federal executive body involved in the customs practices.
the amount payable as a provisional countervailing duty shall not be transferred to the federal budget prior to making a final decision on the application of countervailing measures based on the results of the investigation conducted in pursuance of articles 26-28 and 30 of the present federal law. as soon as the government of the russian federation takes a decision on the application of the provisional countervailing duty, the provisions, defined in paragraphs 3-6 of article 14 hereof, shall apply.
4. the relevant provisions of article 23 hereof shall be followed in the application of provisional countervailing duty.
article 22. accepting undertakings by a subsidizing foreign country (union of foreign countries) or an exporter of the product under investigation
1. investigating proceedings may be suspended or terminated by the authorities conducting the investigation without the imposition of provisional or definitive countervailing duties upon a decision by the government of the russian federation on the approval of voluntary undertakings received in writing from a foreign country (a union of foreign countries) by the given authorities. under these undertakings:
the government of a foreign country (or a union of foreign countries) exporting the product under investigation agrees to eliminate or limit the subsidy or take other adequate measures concerning the elimination of subsidizing effects;
the exporter of the product under investigation agrees to revise his prices for the product ( and on the support by the exporter's affiliated persons of the exporter's undertakings to revise the prices, if there are affiliated persons of the exporter in the russian federation) so that the authorities conducting the investigation come to the determination that accepting such undertakings eliminates the injurious effect of subsidized imports. under such undertakings the price level for the products under the investigation shall not be higher than it is necessary for neutralizing the impact to the domestic industry of the subsidy by a foreign country(or a union of foreign countries). price increases for the products under investigation may be less than the amount of the subsidy if such increase is sufficient to eliminate the injury to the domestic industry.
2. a decision on the approval of the undertakings, defined in paragraph 1 of this article, shall not be made by the government of the russian federation unless the authorities conducting the investigation have made a preliminary affirmative determination on the existence of subsidized imports and injury to the domestic industry caused by such imports. a decision on the approval of the undertakings of the exporter of the products under investigation shall not be made by the government of the russian federation in case no consent has been received from of foreign country (or a union of foreign countries) from which the products under investigation are exported on the acceptance by its exporters of the undertakings defined in sub-paragraph 3 of paragraph 1 of this article.
3. a decision on the approval of the undertakings, defined in paragraph 1 of this article, shall not be made by the government of the russian federation if the authorities conducting the investigation come to the determination that such undertakings are unacceptable due to the great number of actual or potential exporters of the products under investigation or for reasons, related to interests of state policy. in such cases the authorities conducting the investigation shall provide to the exporter the reasons for the non-approval of the exporters' undertakings by the government of the russian federation and shall give the exporter an opportunity to make comments thereon.
4. the authorities conducting the investigation shall require every exporter and an authorized body of a foreign country (or a union of foreign countries) who offers undertakings, as defined in paragraph 1 of this article, to provide a non-confidential version of such undertakings, so that it may be made available to other interested parties involved.
5. the authorities conducting the investigation may suggest that undertakings, as defined in paragraph 1 of this article, but no exporter shall be forced to enter into such undertakings.
6. if the undertakings, as defined in paragraph 1 of this article, are approved of, the investigation of subsidised imports and injury to the domestic industry caused by such imports may be continued upon request of a foreign country (or a union of foreign countries) exporting a product under investigation or upon a decision of the government of the russian federation.
if a negative determination of subsidized imports or injury to the domestic industry is made based on the investigation results, the foreign country (or a union of foreign countries) or the exporters who accepted the undertakings, as defined in paragraph 1 of this article, shall be exempt from such undertakings except in cases where such determination is due in large part to the existence of an undertaking. should this occasion arise the government of the russian federation may decide that the undertakings defined in paragraph 1 of this article are maintained for the period required. if based on the results of the investigation, conducted under articles 26-28 and 30 of the present federal law the authorities conducting the investigation make an affirmative determination on the existence of subsidisation and the resulting injury to the domestic industry, the undertakings shall continue consistent with its terms.
7. the authorities conducting the investigation may require any foreign country (or a union of foreign countries) or any exporter from whom undertakings, as defined in paragraph 1 of this article, have been approved of, to provide information relevant to the fulfillment by the foreign country (or a union of foreign countries) of such undertakings and to permit verification of pertinent data. non-provision of the required information shall be construed as a violation of the undertaking by the foreign country (or a union of foreign countries) or the exporter.
8. in case of violation or withdrawal of undertakings by a foreign country (or a union of foreign countries) or the exporter, the government of the russian federation shall decide to apply a countervailing measure by the imposition of a provisional countervailing duty if the investigation has not been concluded, or a definitive countervailing duty if the investigation has been concluded with a final determination as to the grounds, specified in article 18 hereof.
in case of any violation of undertakings by a foreign country (or a union of foreign countries) or by the exporter, such a foreign country or exporter shall be given the opportunity to comment thereon.
9. the amounts of the provisional or definitive countervailing duties that can be imposed under the provisions of paragraph 8 of this article shall be specified in the affirmative determination of the authorities on whose basis undertakings defined in paragraph 1 of this article shall be approved of.
article 23. imposition and application of countervailing duties
1. countervailing duties shall be imposed after a proposal to hold consultations has been made to a foreign country (or a union of foreign countries) granting a specific subsidy. countervailing duties shall be imposed in case the foreign country (or a union of foreign countries) has refused from such consultations or no mutually acceptable decision has been reached during such consultations.
a decision on imposition of a countervailing duty can be made during the application period of a specific subsidy granted by a foreign country (or a union of foreign countries).
2. a countervailing duty shall be applied in respect of imports of a product from all exporters found to be subsidized and causing injury to the domestic industry, except to imports provided by those exporters who accepted the undertakings and whose undertakings were approved of pursuant to the provisions of article 22 of the present federal law.
3. the rate of a countervailing duty shall not exceed the amount of a specific subsidy by a foreign country (or a union of foreign countries) calculated in terms of subsidisation per unit of the subsidised and exported product. in case subsidies are granted pursuant to various programmes their accumulated amount shall be considered.
the rate of a countervailing duty can be less than the amount of a specific subsidy by a foreign country (or a union of foreign countries) if such lesser duty rate is sufficient for elimination of injury to the domestic industry.
upon assessment of the rate of a countervailing duty, the authorities conducting the investigation shall take due account of written representations made by domestic consumers whose economic interests might be adversely affected by the imposition of the countervailing duty.
article 24. duration and review of countervailing measures
1. a countervailing duty shall be imposed as decided by the government of the russian federation and shall remain in force only as long as and to the extent necessary to eliminate injury caused to the domestic industry as a result of subsidized imports.
2. the need for the continued imposition of the countervailing duty or the review of its rate, as well as the need for the continued duration of the undertakings, specified in paragraph 1 of article 22 hereof, or for the revision of the terms thereof shall be defined by the government of the russian federation based on the report submitted under the provisions of article 4 hereof and containing a determination of the authorities conducting the investigation on the results of reviews conducted on the initiative of the authorities or upon request by any interested party which submits positive information substantiating the need for such a review.
interested parties shall have the right to request the authorities conducting the investigation to examine whether the continued imposition of the countervailing duty is necessary to eliminate injury caused to the domestic industry as a result of subsidized imports, whether the injury would be likely to continue or recur if the countervailing duty were removed or varied.
if, as a result of the review under this paragraph, it is determined that the countervailing duty is no longer warranted, the government of the russian federation, based on the report submitted under article 4 hereof and containing a determination of the authorities conducting the investigation, shall decide on the termination of the countervailing duty.
reviews pursuant to this article can be commenced not earlier than a year from the day of the application of such duty.
3. notwithstanding the provisions of paragraphs 1 and 2 of this article, the duration period of a countervailing duty shall not exceed five years from its imposition or from the day of the most recent review thereof.
4. in order to review a countervailing duty a review shall be completed during 12 months since the date of the initiation of the review.

section v. conducting investigations
article 25. grounds for conducting investigations
1. an investigation, as defined in paragraph 1 of article 3 of the present federal law, to determine the existence of increased imports of product and resulting serious injury to the domestic industry thereof as well as to determine the existence of dumped imports or subsidized imports and the resulted injury to the domestic industry shall be carried out by the authorities conducting the investigation upon a written application submitted in pursuance with the provisions of this article or on one's own initiative.
2. the application mentioned in paragraph 1 of this article shall be submitted by:
a domestic producer of a directly competitive product (in cases where an application on the imposition of a safeguard measure is submitted); or a like product (in cases where an application on the imposition of an antidumping or countervailing measure is submitted);
an association of domestic producers most of whom are involved in the production of a directly competitive product (in cases where an application on the imposition of a safeguard measure is submitted) or a like product (in cases where an application on the imposition of an antidumping or countervailing measure is submitted);
an association of domestic producers which includes producers of a directly competitive product (in cases where an application on the imposition of a safeguard measure is submitted) or a like product (in cases where an application on the imposition of an antidumping or countervailing measure is submitted) who produce over 50 per cent of the whole volume of production of a directly competitive product or a like product, respectively, in the russian federation.
3. the application defined in paragraph 1 of this article shall be submitted together with the evidence of the support of such application by russian producers of a directly competitive product or a like product.
the following evidence of the support of such application shall prove sufficient:
where the submission of the application for the imposition of a safeguard is concerned - documents of the support of the application by other russian producers of a directly competitive product or a like product who produce more than 50 per cent of the whole production volume of a directly competitive product in the russian federation;
where the submission of the application for the imposition of an antidumping or a countervailing measure is concerned - documents verifying that the production share of a like product by russian producers including the applicant who have supported the application constitutes not less than 25 per cent of the whole production volume of the like product in the russian federation, provided that the production volume of the like product by russian producers the applicant included who have supported the application constitutes more than 50 per cent of the production volume of the like product by the russian producers who (have supported or have not expressed their consent) in regard to the application.
4. the application, as indicated in paragraph 1 of this article, shall contain information on the following:
identity of the applicant and a description of the volume and value of the domestic production of the directly competitive product (where an application for the imposition of a safeguard measure is submitted) or of the like product (where an application for the imposition of an antidumping or a countervailing measure is submitted) by the domestic industry, for the preceding period, as well as a description of the volume and value of the domestic production of the directly competitive product (where an application for the imposition of a safeguard measure is submitted) or of the like product (where an application for the imposition of an antidumping or a countervailing measure is submitted) by russian producers who have supported the application and their share of the directly competitive (where an application for the imposition of a safeguard measure is submitted) or the like product (where an application for the imposition of an antidumping or a countervailing measure is submitted) in the whole volume of the domestic production;
a description of the product imported into the customs territory of the russian federation in whose respect the imposition of a safeguard measure, antidumping measure or countervailing measure is proposed with the indication of respective codes of the foreign trade commodity nomenclature applied in the russian federation, the names of the country or countries of origin or export of that product in question based on information of the customs statistics of the foreign trade of the russian federation, the identity of each known foreign producers and/or exporters of the product and a also the identity of known russian importers of the product;
information on any changes in the volume of imports of the product to the customs territory of the russian federation for the preceding period, in whose respect the imposition of a safeguard measure, antidumping measure or countervailing measure is proposed;
information on any changes in the volume of exports of a directly competitive product (where an application for the imposition of a safeguard measure is submitted) or of the like product (where an application for the imposition of an antidumping or a countervailing measure is submitted) from the customs territory of the russian federation for the preceding period.
5. apart from the data defined in paragraph 4 of this article depending on the measure suggested in the application the applicant shall provide the following data:
where the application for the imposition of a safeguard measure is concerned - evidence of the existence of serious injury or threat of such injury to the domestic industry resulting from increased imports of the product in whose respect the imposition of a safeguard measure is proposed;suggestion to impose a safeguard measure with the indication of its extent and duration; the plan of actions to adapt the domestic industry to working in the circumstances of a foreign competition within the duration of a safeguard measure as proposed by the applicant;
where the application of an antidumping measure is concerned - evidence of the existence of dumped imports of the product in whose respect the imposition of an anti-dumping measure is proposed; evidence of the existence of injury to the domestic industry resulting from dumped imports of the product in whose respect the imposition of an anti-dumping measure is proposed; suggestion to impose an antidumping measure with the indication of its extent and duration:
where the application for the imposition of a countervailing measure is concerned -evidence of the existence of a specific subsidy granted by a foreign country (a union of foreign countries) with the indication, if possible, of the amount of such subsidy; evidence of the existence of injury to the domestic industry resulting from subsidized imports of the product in whose respect the imposition of a countervailing measure is proposed; suggestion to impose a countervailing measure with the indication of its extent and duration.
6. the day of submitting an application shall be deemed the day of sending the application, as specified in paragraph 1 of this article, to the authorities conducting the investigation.
7. for the sake of comparability, price indices contained in the application, specified in paragraph 1 of this article, shall be expressed in the monetary unit used upon the maintenance of the foreign trade customs statistics of the russian federation.
8. information contained in the application, specified in paragraph 1 of this article, shall be approved by directors of the domestic producers submitting same, as well as by their employees responsible for the maintenance of accounting books and reporting records with regard to data directly relating to the producer involved.
9. the application specified in paragraph 1 of this article with the enclosed non-confidential version (where the application contains confidential information) shall be submitted in russian to the authorities conducting the investigation and shall be registered on the day of getting the said application on file thereof.
10. the application defined in paragraph 1 of this article for the imposition of a safeguard, antidumping or countervailing measure shall be rejected in case:
the data defined in paragraphs 3,4, and 5 of this article is not submitted together with the application;
the data specified in paragraphs 3, 4, 5 of this article submitted by the applicant is not true.
the rejection of the application on other bases is not supposed.
11. the authorities conducting the investigation shall, prior to deciding on the initiation of the investigation, in written form notify the authorized body of a foreign country (a union of foreign countries) from which the product that can be put under investigation is exported on the consideration of the application on the imposition of an antidumping or countervailing measure.
12. for the purpose of making a decision on the initiation of an investigation within thirty calendar days from the day of the registration of the application defined in paragraph 1 of this article, the authorities conducting the investigation shall examine the accuracy and adequacy of the data contained in the application pursuant to the provisions of paragraphs 4 and 5 of this article. the said period can be extended in order to enable the authorities to receive additional information from the applicant, however, for whatever purposes, such period cannot exceed sixty calendar days.
13. the application, specified in paragraph 1 of this article, can be revoked by the applicant before the initiation of an investigation or during the course of its conducting.
where the application, specified in paragraph 1 of this article, is revoked before the initiation of an investigation, such application shall be deemed non-filed.
where the application, specified in paragraph 1 of this article, is revoked during the course of the investigation, the investigation shall be dropped without applying a safeguard measure, a antidumping measure or a countervailing measure.
14. until a decision on the initiation of an investigation is made the data contained in the application, defined in paragraph 1 of this article shall not be made available to the public.
article 26. initiation and conducting an investigation
1. the authorities conducting the investigation shall, prior to the expiration of the period, indicated in paragraph 12 of article 25 hereof, decide on the initiation of an investigation or on rejection of same.
should a decision be made to reject an investigation, the authorities conducting the investigation shall notify in writing the applicant of the reasons for rejecting the investigation, within no longer than ten calendar days from the day of making the decision.
should a decision be made to initiate an investigation, the authorities conducting the investigation shall notify in writing an authorized body of the respective foreign country (or a union of foreign countries) exporting the product under investigation , as well as other interested parties known to the authorities, of the decision made and shall, within not more than 5 working days since the date of making the decision on the initiation of the investigation, publicize the notification of the initiation of the investigation pursuant to paragraph 1 of article 35 of the present federal law. the date of publicizing of the notification of the investigation initiation shall be recognized as the date of the investigation initiation.
2. the authority conducting the investigation may take a decision on the initiation of the investigation only in case they have evidence including the evidence submitted by the applicant of the existence of increased imports and the resulting serious injury or threat of serious injury to the domestic industry, or the existence of dumped imports or subsidized imports and the resulting injury to the domestic industry.
absence of such evidence shall be the grounds for a decision on the rejection of conducting the investigation.
3. interested parties shall have the right to submit a written application of the intention to take part in the investigation. the said parties shall be recognized as participants to the investigation since the date of the submission of the application to the authorities conducting the investigation and shall have all rights that are provided to them under the present federal law.
not later than the date stated in the notification on the investigation initiation the participants to the investigation shall have the right to provide the information necessary for conducting the investigation including confidential information with the indication of the source of such information.
the authorities conducting the investigation shall have the right to require a participant to the investigation to provide additional information. the additional information may be neglected in case it was provided upon the expiration of thirty calendar days since the day of receiving such request.
the authorities conducting the investigation shall provide the participants in the investigation with a copy of the application defined in paragraph 1 of article 25 of the present federal law or its non-confidential version (in case there is confidential information in the application).
the information submitted in written form by any interested party as evidence related to the investigation shall be provided in writing to the participants in the investigation by the authorities conducting the investigation with due regard to the protection of confidential information pursuant to article 32 of the present federal law.
the authorities conducting the investigation shall give the participants an opportunity to familiarize with all the information used in the course of the investigation, which is related to the investigation and is not confidential under paragraph 1 of article 32 of the present federal law.
4. consumers of the product under investigation, who use the product in industry, representatives of public associations of consumers, state and regional authorities, other persons shall have the right to provide information which is related to the investigation.
5. documentary evidence and information relevant to the investigation shall be submitted to the authorities in russian whereas their original copies in a foreign language shall be provided with their respective translations into russian. the authorities shall be entitled to request for any provided translation of a document into russian to be duly certified.
6. in cases when any interested party does not provide, necessary information within the period indicated in paragraph 3 of this article, preliminary and final determinations, affirmative or negative, may be made by the authorities on the basis of the facts available.
7. the federal executive body that directly supervises and controls over the customs practices of the russian federation and the federal executive body directly responsible for the maintenance of state statistics, as well as other federal executive bodies and executive authorities of subjects of the russian federation shall assist in carrying out investigations and provide information, as may be requested by the authorities, which is relevant to the investigation, confidential information included.
8. in case where, within the two calendar years directly preceding the date of initiation of the investigation, the application to initiate the investigation, specified in paragraph 1 of article 25 hereof, is supported by a domestic producer whose output accounts for more than thirty five per cent of the total domestic production of a directly competitive product (where the application for the imposition of a safeguard measure is concerned) or a like product (where the application for the imposition of an antidumping measure or a countervailing measure is concerned), or the overall volume of imports of the product under investigation is less than twenty five percent of the total volume of sales of this product and a directly competitive product(where the application for the imposition of a safeguard measure is concerned) or a like product (where the application for the imposition of an antidumping measure or a countervailing measure is concerned) on the domestic market, then during the course of the investigation, it shall be obligatory for the authorities to receive the relevant conclusion of the federal antimonopoly body on the implications of effects of a safeguard measure, an antidumping measure or a countervailing measure on the competition on the domestic market. the conclusion as above shall be provided by the said federal antimonopoly body to the authorities conducting the investigation within thirty calendar days from the day of receiving a relevant request from the authorities conducting the investigation with the enclosed documentary evidence, defined in paragraphs 4 and 5 of article 25 hereof.
9. investigations shall not exceed:
nine months since the date of the initiation of the investigation on the grounds of the application for the imposition of a safeguard measure;
twelve months since the date of the initiation of the investigation on the grounds of the application for the imposition of an antidumping measure or a countervailing measure. this period may be extended by the authorities conducting the investigation but not longer than six months.
in the event of the imposition of a provisional specific duty, a provisional antidumping duty, or a provisional countervailing duty the investigation may be completed before the duration period of a corresponding provisional duty.
the investigation shall be deemed concluded on the day the authorities submit the report on their investigation to the government of the russian federation.
10. the investigation procedure shall not hinder the procedures of customs clearance of a product under investigation.
11. in case the number of domestic producers of a directly competitive product or a like product is so great that the applicant cannot provide evidence of the extent of support or non-consent with the application defined in paragraph 1 of article 25 of the present federal law, the applicant shall have the right to request the authorities conducting the investigation to start the investigation on the initiative of the said authority.
article 27. public hearings
1. based on the written request from any participant in the investigation and provided within the time-limit established under the present federal law, the authorities conducting the investigation shall arrange for public hearings to be held.
2.the authorities conducting the investigation shall send a notification of when and where public hearings will be held as well as a list of issues to be considered in the course of such hearings to the investigation participants within five calendar days since the receipt of the request.
the time for the public hearing shall be allocated not earlier than in fifteen calendar days since the date the notification has been sent.
3. investigation participants (their representatives) as well as persons who have been involved by the participants for submission of the information related to the investigation shall participate in public hearings.
in the course of public hearings participants can provide their evidence and air their opinion in regard to the investigation. a representative of the authorities conducting the investigation shall have the right to ask the people present questions related to the essence of the facts they report. the participants in the investigation shall also have the right to ask one another questions and provide answers to these questions.
the participants of public hearings shall not be obliged to disclose the information recognized as confidential in accordance with article 32 of the present federal law.
4. the information that is provided orally in the course of public hearings shall be taken into consideration in the course of the investigation, if it has been provided to the participants of the investigation in written form within fifteen calendar days after public hearings in accordance with the requirements of paragraph 5 of article 26 of the present federal law. the information provided in writing may contain confidential data.
article 28. conducting an investigation prior to the imposition of an antidumping measure or a countervailing measure
1. after a decision on the investigation initiation is made the authorities conducting the investigation shall provide familiar foreign exporters and (or) producers of the product under investigation with a list of questions they shall give answers for the purposes of the investigation.
the foreign exporters and (or) producers of the product under investigation who have been provided with the list of corresponding questions shall have thirty calendar days since the date of the receipt of such questions to submit their answers to the authorities conducting the investigation. upon a motivated written request made by the foreign exporters and (or) producers of the product under investigation the said period may be extended by the authorities conducting the investigation but for no longer than ten calendar days.
for the purposes of this article the list of questions shall be considered received by the foreign exporters and (or) producers in seven days since it has been sent by post or since the date it has been handed over directly to the representative of foreign exporters and (or) producers
the answers to the questions included in the list of questions shall be considered received by the authorities conducting the investigation if they have reached the said authorities not later than seven calendar days since the expiration of the thirty - day period defined in subparagraph 2 of this paragraph or since the date of expiration of its extension.
2. for the purposes of the verification of the information that has been provided in the course of the investigation or the receipt of additional data related to the investigation the authorities conducting the investigation may, if necessary, conduct the investigation on the territory of a foreign country if they have received consent of the relevant foreign exporter or producer of the product under investigation and if members of the government of the corresponding country have been preliminarily notified of such and there is no objection on the part of this country to conducting such investigation on its territory.
3. for the purposes of the verification of the information that has been provided in the course of the investigation or the receipt of additional data related to the investigation the authorities conducting the investigation shall have the right to send their representatives to domestic importers of the product under investigation or to domestic producers of a like product, to hold consultations and negotiations with interested parties, to familiarize with samples of the product under investigation and take other actions necessary for conducting an investigation and not violating the legislation of the russian federation.
4. prior to submitting to the government of the russian federation a report with suggestions elaborated with due regard to final results of the investigation the authorities conducting the investigation shall provide the participants in the investigation with a non-confidential version of this report.
article 29. peculiarities of carrying out an investigation preceding the imposition of an antidumping measure
1. based on the written request from participants in the investigation the authorities conducting the investigation shall decide on holding negotiations between participants in the investigation who have opposite views on the subject of the investigation, allocates the date and place of holding such negotiations and notifies of such participants in the investigation not later than fifteen calendar days before the allocated date. participants in the investigation shall have the right to provide their evidence and air their opinions related to the investigation, however they shall not be obliged to disclose the information recognized as confidential under article 32 of the present federal law. representatives of the authorities conducting the investigation shall have the right to participate in such negotiations.
2. the authorities conducting the investigation normally determine the individual margin of dumping in respect of every known foreign exporter or producer of a product under investigation.
in case, a great number of foreign exporters, foreign producers, domestic importers of a product under investigation or sorts of products under investigation does not make it possible to determine the individual margin of dumping, the authorities conducting the investigation may restrict the determination of the individual margin of dumping coming from either acceptable number of interested parties or products on the basis of statistic data available at the time of the examination, or the largest share of the volume of export of products from the corresponding foreign country.
for the purposes of this paragraph foreign exporters, foreign producers, domestic importers of a product under investigation or sorts of products under investigation shall be selected on the basis of the coordination with corresponding exporters, producers or importers.
in case the authorities conducting the investigation restrict the determination pursuant to the provisions of this paragraph, they also determine the individual margin of dumping in respect of every foreign exporter or foreign producer who were not initially selected but who provided necessary information within the period established for its consideration in the course of the investigation.
3. the authorities conducting the investigation shall determine a unified margin of dumping in regard to all known foreign exporters or foreign producers of products under investigation if the number of foreign exporters or foreign producers of products is so great that it would be impossible to determine the individual margin of dumping and would hinder to complete the investigation on time and in the case defined in paragraph 3 of article 12 of the present federal law.
4. in case several investigations related to dumping imports from several foreign countries are conducted at the same time, such investigations may be united in one investigation by the authorities conducting the investigation provided that the margin of dumping determined in respect of dumped imports from each foreign country is larger than the de minis margin of dumping and the volume of the dumped imports from each foreign country is not insufficient under the provisions of subparagraph 2 of paragraph 5 of this article.
5. the investigation shall be dropped if the authorities conducting the investigation determine that the margin of dumping is less than the de minis margin of dumping and the volume of the past or potential dumped imports or the extent of the injury to the domestic industry caused by such imports is insufficient.
the volume of the dumped imports from a certain foreign country shall be insufficient in case the volume of such dumped imports constitutes less than three per cent of the whole volume of import of a like product to the customs territory of the russian federation, provided that foreign countries the share of the dumped imports of each of which constitutes less than three per cent of the whole volume of the import of a like product to the customs territory of the russian federation, constitutes on the whole not more than seven per cent of the whole volume of the import of a like product to the customs territory of the russian federation.
article 30. peculiarities of carrying out an investigation preceding the imposition of a countervailing measure
1. an investigation shall be dropped if the authorities conducting the investigation determine that the amount of a specific subsidy granted by a foreign country (or a union of foreign countries) is minimum or the volume of the past or potential subsidized imports or the extent of the injury to the domestic industry caused by such import is insufficient.
for the purposes of this paragraph :
the amount of a specific subsidy of a foreign country (or a union of foreign countries) shall be recognized as insufficient if it constitutes less than one per cent of the cost of a product;
the volume of subsidized imports shall be recognized as insufficient if it meets the criteria established by subparagraph 2 of paragraph 5 of article 29 of the present federal law.
2. an investigation related to subsidized imports products originating from a developing country, which enjoys the national system of preferences of the russian federation, shall be dropped if the authorities conducting the investigation determine that:
the whole amount of specific subsidies granted by a foreign country (or a union of foreign countries) provided in respect of this product does not exceed two per cent of its per unit cost;
or the import share from such country does not exceed four per cent in the whole volume of the import of the product to the customs territory of the russian federation, provided that the accumulated share in the import of the product to the customs territory of the russian federation from developing countries the share of each of which is not more than four per cent of the whole volume of import of this product to the customs territory of the russian federation, does not exceed nine per cent of the volume of import of this product to the customs territory of the russian federation.

article 31. interested parties in conducting an investigation
1. interested parties involved in investigation shall include:
domestic producer of a directly competitive product, an association of domestic producers a majority of the members of which are producers of the directly competitive product, respectively, or an association of domestic producers whose members are involved in the production of more than 50 per cent of the overall production volume of the directly competitive product (where the application for safeguard measures is concerned);
domestic producer of the like product or an association of domestic producers a majority of the members of which are producers of the like product, or an association of domestic producers whose members are involved in the production of more than 50 per cent of the overall production volume of the like product, (on applying for anti-dumping or countervailing measures);
foreign exporter, foreign producer, or domestic importer of a product under investigation; an association of foreign persons a majority of the members of which are producers and/or exporters of the product; an association of domestic legal persons a majority of the members of which are importers of the product;
the government of a foreign country and/or an authorized body of the country of origin or export of a product under investigation, or an authorized body of a union of foreign countries that incorporates countries of origin or export of the product;
public associations of consumers if this product is consumed mostly by physical persons.
2. in the course of investigation, interested parties referred to in paragraph 1 of this article shall act either independently or through their representatives to be duly empowered in accordance with civil legislation of the russian federation.
where an interested party acts through its authorized representative in the course of an investigation, the authorities shall keep the interested party completely informed on the subject matter of the investigation solely through the said representative of such interested party.
article 32. confidential information
1. information released by an interested party to the authorities conducting the investigation shall be treated as confidential if substantiated by evidence of the interested party that its disclosure would be of significant competitive advantage to any third party or would have a significantly adverse effect upon a person supplying the information or upon a person from whom that person acquired the information. such information shall not be disclosed without permission of the interested party submitting it, except as otherwise provided by federal laws.
the authorities conducting the investigation shall be entitled to request interested parties providing confidential information to furnish non-confidential summaries thereof. these summaries shall be in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence. whenever in response of the above request of the authorities conducting the investigation to furnish non-confidential summaries of confidential information, an interested party indicates that the information is not susceptible of summary, the party shall provide the reasons on the impossibility of providing confidential information in the form of summary.
if the authorities find that a request for confidentiality is not warranted and if the supplier of the information is either unwilling to make the information public or to authorize its disclosure in generalized or summary form, the authorities conducting the investigation may disregard such information.
2. the authorities shall be held responsible for disclosure of confidential information as envisaged by applicable legislation of the russian federation.
article 33. peculiarities of determining of the domestic industry in case of dumped imports or subsidized imports
1. when conducting an investigation preceding the imposition of an antidumping measure or a countervailing measure, the domestic industry shall be understood in the meaning established set forth under article 2 of the present federal law except cases defined in paragraphs 2 and 3 of this article.
2. in case domestic producers are simultaneously importers of the product which is supposed to be dumped or subsidized imports or is in relation with the exporter or importer of such product the notion of the domestic industry refers only to the rest domestic producers of a like product.
3. when determining the domestic industry the territory of the russian federation may be considered as the territory where there operate two or several competing markets and domestic producers on such markets may be considered as a separate industry of the russian economy if such producers sell on the said markets not less than eighty per cent of the like products which they produce, and the demand for the like product on the said markets is not satisfied to the most extent by domestic producers of such products who reside on the rest territory of the russian federation. in such cases the existence of injury resulting from dumped imports or subsidized imports may be determined even if the major part of the domestic industry has not been injured, provided that the sale of dumped imports or subsidized imports is concentrated on one of the said competing markets and the dumped import or subsidized imports causes injury to not less than eighty per cent of the domestic producers of the like product within the said market.
4. in case the domestic industry is understood in the meaning set forth in paragraph 3 of this article and it is decided based on the results of the investigation to impose an antidumping measure or a countervailing measure, such measure may be imposed on the overall import of the product under investigation to the customs territory of the russian federation. in this case an antidumping duty or a countervailing duty shall be imposed only after granting to the exporters of the product under investigation a chance to discontinue the export of such product to this region at prices lower than the normal value of such product (in case of dumped imports) or at prices different from the normal course of trade (in case of subsidized imports) or accept the undertakings defined in paragraph 1 of article 15 (in case of dumped imports) or in paragraph 1 of article 22 (in case of subsidized imports)of the present federal law provided that the exporters have not used this chance.
5. the relations regulated by this article shall be affected by the provisions of paragraph 6 of article 13 (in case of dumped imports) or paragraph 6 of article 20 (in case of subsidized imports) of the present federal law.
article 34. consultations for the establishment of the existence of a supposed specific subsidy granted by a foreign country (a union of foreign countries)
1. after the application defined in paragraph 1 of article 25 of the present federal law has been accepted for consideration, but before a decision to initiate an investigation has been made, the authorities conducting the investigation may make a proposal to an authorized body of a foreign country (or a union of foreign countries) exporting a product, in respect of which it is suggested that a countervailing duty be imposed, to hold consultations with the aim of clarifying the situation concerning the existence, degree and effects of any alleged specific subsidy granted by a foreign country (or a union of foreign countries) and arriving at a mutually agreed solution. such consultations may continue during the investigation.
2. holding of consultations with the aim of clarifying the situation concerning the existence, degree and effects of any alleged specific subsidy granted by a foreign country (or a union of foreign countries) shall not prevent in any way the authorities conducting the investigation from initiating the investigation, as well as providing preliminary and final determinations by such authorities as a result of the investigation and imposing of a countervailing measure by the government of the russian federation.
article 35. notification of the decisions related to the investigation
1. the notification of the initiation of the investigation shall contain:
a description of the product under investigation;
the name of the country (a union of countries) from which the products under investigation are exported;
a summary of the facts testifying to the expediency of the decision on the initiation of the investigation (in case the decision on the initiation of the investigation is taken upon an application for the imposition of a safeguard measure);
grounds for the establishment of the existence of dumped import (in case the decision on the initiation of the investigation is taken upon an application for the imposition of an antidumping measure);
grounds for the establishment of the existence of a specific subsidy(in case the decision on the initiation of the investigation is taken upon an application for the imposition of a countervailing measure);
a summary of the facts testifying to the injury that has been caused to the domestic industry (in case the decision on the initiation of the investigation is taken upon an application for the imposition of an antidumping or a countervailing measure);
the address to which interested parties can send in writing their opinions and the information related to the investigation;
the period during which interested parties can send in writing their opinions and the information related to the investigation;
the period during which participants in the investigation can file a request on holding public hearings envisaged by article 27 of the present federal law;
the period during which participants in the investigation can file a request on holding negotiations envisaged by paragraph 1 of article 29 of the present federal law.
the periods mentioned in the notification of the initiation of the investigation shall be determined by the authorities conducting the investigation pursuant to the provisions of the present federal law and shall not less than thirty calendar days.
2. the authorities conducting the investigation shall provide the publicizing of the notification of the suspension, termination of the investigation, as well as of any decision on imposing, applying, reviewing or terminating of countervailing measures. such notifications and reports shall be forwarded to the authorized body of a foreign country (or a union of foreign countries) exporting the product under investigation, as well as to other interested parties known to the authorities conducting the investigation.
3. a notification of the imposition of a provisional antidumping or a provisional countervailing duty shall contain a detailed explanation for the preliminary determination by the authorities conducting the investigation on the existence of dumping imports or subsidized imports and the resulting injury to the domestic industry and shall refer to the matters of fact and normative legal acts which are the grounds for the decision on the imposition of a preliminary antidumping duty or a preliminary countervailing duty.
4. based on the results of the investigation which preceded the imposition of a safeguard the authority conducting the investigation shall, for the period of not more than ten calendar days since the completion of the investigation, publicizing of the notification of the key conclusions that have been made by the authority conducting the investigation upon the examination of the available information.
5. a notification of the completion of the investigation upon the result of which it was decided to impose an antidumping duty or a countervailing duty or to approve of the undertakings defined in paragraph 1 of article 15 (in case of antidumping imports) or in paragraph 1 of article 22 (in case of subsidized imports) of the present federal law shall contain an interpretation of the final determination of the authority conducting the investigation made upon the investigation results as well as references to the facts and normative legal acts which formed the basis for the decision.
6. a notification of the termination or suspension of an investigation following the approval of the undertakings pursuant to paragraph 1 of article 15 (in case of antidumping imports) and paragraph 1 of article 22 (in case of subsidized imports) of the present federal law shall include the non-confidential version of such undertakings.
6. the provisions of this article shall apply mutatis mutandis to notifications of the initiation and completion of reviews pursuant articles 10, 17, and 24 of the present federal law.
7. a notification of the initiation of an investigation and other notifications stipulated hereby and article 6 of the present federal law shall be officially published in "rossiyskaya gazeta".
section vi. final provisions
article 36. protection by courts
economic disputes and other cases related to the application of the present federal law including cases dealing with objecting of normative and non-normative acts, decisions actions (non-actions) of the government authorities and officials shall be considered by courts of arbitration.
article 37. non-application of a safeguard, an anti-dumping and a countervailing measure
1. the government of the russian federation can, within fourteen calendar days since the day of the registration of the report on the results of investigations submitted by the authorities conducting the investigation, decide on the non-application of a safeguard, an anti-dumping and a countervailing measure envisaged by the present federal law, even in case the application of such measures is consistent with criteria and procedures laid down by the provisions hereof.
the above decision can be made if the application of the aforesaid measures may cause injury to a domestic industry and the economy of the russian federation in the aggregate, as well as interests of major part of consumers of products or for any other reasons that are important to the state.
a decision on non-application of a safeguard, an anti-dumping or a countervailing measure can be revised where its underlying reasons have changed.
2. the authorities conducting the investigation shall provide the publicizing of a notification of non-application of safeguard, anti-dumping or countervailing measures pursuant to the present article. such a notification shall be forwarded to the authorized body of a foreign country (or a union of foreign countries) exporting a product under investigation and to other interested parties known to the authorities conducting the investigation.
3. safeguard, anti-dumping or countervailing measures shall not be applied in cases where:
specifically provided by the customs legislation of the russian federation in respect of certain customs regimes or customs procedures under which products cannot be regulated by any non-tariff economic measures;
products are exported as a gratuitous aid (or assistance) to the russian federation in compliance with applicable legislation of the russian federation.
article 38. international treaties of the russian federation
in the case where there exists an international treaty to which the russian federation is a party and which has laid down any rules other than those provided for by the provisions hereof, the rules of the said international treaty shall apply.
article 39. invalidation
from the day the present federal law takes effect, the following shall be deemed invalidated:
paragraphs 2 and 5 of article 12; paragraphs 1 and 3 of article 18 of federal law no. 63-fz of 14 april 1998 "on measures to protect the economic interests of the russian federation with respect to foreign trade in goods" (digest of laws of the russian federation no. 16, p. 1798, 1998).
2. upon the expiration of twelve months from the day the present federal law takes effect, the following shall be deemed invalidated:
sub-paragraphs 2, 3 and 6 of paragraph 1 of article 1; sub-paragraphs 2 - 8 and 11 - 25 of article 2; articles 3-5; paragraphs 1 - 4 of article 6; articles 7 - 11; paragraphs 1, 3 and 4 of article 12; articles 13 and 14;paragraphs 2 and 4 - 14 of article 18; articles 19 - 23 of federal law no. 63-fz of 14 april 1998 "on measures to protect the economic interests of the russian federation with respect to foreign trade in goods" (digest of laws of the russian federation no. 16, p. 1798, 1998).
article 40. entry into force of the present federal law
the present federal law shall enter into full force and effect from the day of its official publication.