NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS

QuestionS Posed by china
Regarding the Notification of the kyrgyz republic[1]

The following communication, dated and received on 7 April 2025, is being circulated at the request of the delegation of China.

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China thanks the Kyrgyz Republic for its notification regarding Anti-Dumping Practices, the Committee on Subsidies and Countervailing Measures and the Committee on Safeguards of the entry into force on 15 July 2021 of the Protocol Amending the Treaty on the Eurasian Economic Union of 29 May 2014 (1st Package of amendments) and on 12 February 2024 of the Protocol Amending the Treaty on the Eurasian Economic Union of 29 May 2014 (2nd Package of amendments) and would like to invite the latter to answer the following questions with respect to the 2nd Package of amendments:

Question 1

Section IV is amended by adding subsection 11 "Determination of absorption of an anti-dumping duty". Please elaborate Kyrgyz Republic's general understanding on the WTO-consistency of anti-absorption mechanism.

Question 2

Article 120.5 stipulates that "(w)ithin the period established in the notice of the initiation of the review for the purposes of determining the absorption of an anti-dumping duty interested parties shall have the right to provide reasoning for the decrease in export prices or the decrease, absence of movement, or insufficient increase in the resale prices of the imported product in the Union market, including the evidence that the amendment of the normal value is necessary." Please clarify what kind of situations could constitute such reasons, and how long time interested parties would have for submitting such reasoning and supporting evidences.

Question 3

Article 120.7 stipulates that "(i)n cases where the recalculated dumping margin exceeds the dumping margin on the basis of which the anti-dumping duty applied was established, the Commission shall have the right to increase the rate of the anti-dumping duty applied by the amount necessary to eliminate this difference." Please clarify, when the original investigation was conducted on a sample basis, whether the all-others rate will be influenced if one of the selected respondents would have a higher rate in a later anti-absorption investigation.

Question 4

Article 120.7 stipulates that "(i)n cases where the recalculated dumping margin does not exceed the dumping margin on the basis of which the anti-dumping duty applied was established, the anti‑dumping measure shall continue to be applied without changes." Please clarify whether the original anti-dumping measure would be terminated if the dumping margins calculated in the anti‑absorption investigation are all zero or de minimis, and, if not, whether it is consistent with Art. 5.8 of the Antidumping Agreement.

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