Ukraine: The International Trade Law Review: Ukraine. Third Edition

I OVERVIEW OF TRADE REMEDIES

Trade defence instruments (anti-dumping, countervailing and special (safeguard)1 measures) have been applied in Ukraine since 1999 when the Law of Ukraine on Protection of Domestic Producer against Dumped Imports (the Anti-Dumping Law), the Law of Ukraine on Protection of Domestic Producer against Subsidised Imports (the Anti-Subsidy Law) and the Law of Ukraine on Application of Special Measures to Imports into Ukraine (the Safeguard Law) entered into force.

Thereafter, trade defence instruments have been applied by the domestic industries quite often. As of June 2017,2 the following anti-dumping investigations and reviews are conducted in Ukraine related to imports of: bars, certain carbamide-formaldehyde products and ammonium nitrate originating in the Russian Federation.

At the same time, the following trade defence remedies are applied to imports of such products as originating in:

  1. Russia – nine anti-dumping duties in respect of crossing points; fibreboards; asbestine sheets; nitrate ammonium; medical glass packaging; abrasives; certain nitrogen fertilisers; certain types of chocolate products and other cacao containing products; caustic soda; one countervailing duty in respect of passenger cars;
  2. China – four anti-dumping duties in respect of incandescent lamps; articles made from iron; citric acid; and seamless pipes;
  3. Belarus – two anti-dumping duties in respect of fibreboards and asbestine sheets;
  4. Kyrgyzstan – one anti-dumping duty in respect of incandescent lamps; and
  5. one safeguard measure in respect of blocks and sheets from polyurethane notwithstanding the country of origin and export.

Under Ukrainian law the following state authorities are involved in trade defence proceedings:

  1. the Interdepartmental Commission on International Trade (the Commission) is responsible for adoption of key decisions in the course of proceedings, to name but a few: on initiation of investigations; on positive/negative conclusions on existence of dumping, specific subsidies or surge in imports and their amounts; on positive conclusions on existence of injury; on termination of proceedings with or without trade defence remedies;
  2. the Ministry of Economic Development and Trade of Ukraine (MEDT) is responsible for procedural issues, to name but a few: for registration of interested parties; collecting answers to questionnaires; holding hearings and consultations; drafting preliminary and definitive reports following preliminary or final results of investigations with the relevant recommendations to the Commission on the decisions to be adopted; and
  3. the Ministry of Finance of Ukraine and the State Fiscal Service of Ukraine is responsible for providing the MEDT with all relevant statistics related to proceedings.

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Footnotes

*  Anzhela Makhinova is a counsel at Sayenko Kharenko, responsible for international trade issues. The author expresses deep gratitude to Ivan Baranenko, associate at Sayenko Kharenko, for assistance in drafting Section III of this chapter.

1 Instead of internationally recognised terms 'safeguards, safeguard investigations', Ukrainian law operates with the terms 'special measures, special investigations'. To avoid any misunderstandings, we are going to use terms 'safeguards, safeguard investigations' for the purposes of this chapter.

2 According to the official database of the Ministry of Economic Development and Trade of Ukraine – http://me.gov.ua/Documents/Detail?lang=uk-UA&id=2d92511f-c6fa-468a-97f3-bc353742db15&title=ZakhistInteresivNatsionalnikhTovarovirobnikivNaVnutrishnomuRinku

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