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

REPLIES TO Questions Posed by the UNITED STATES[1] Regarding
the Notification of the Kyrgyz Republic[2]

The following communication, dated and received on 10 April 2025, is being circulated at the request of the delegation of the Kyrgyz Republic.

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The Kyrgyz Republic thanks the United States for the questions posed in connection with the notification regarding the amendments to the Protocol on Application of Safeguard, Anti-Dumping and Countervailing Measures with respect to Third Countries (1^st and 2^nd Packages of Amendments) and replies as follows:

Question 1

The amendment to paragraph 99 in the 1^st Package of Amendments refers to "the document required for the purposes of confirming information about the exporter or producer subject to the individual anti-dumping duty rate." Could the representative of the Kyrgyz Republic please provide more details or an example of such a document?

Question 2

The amendment to paragraph 102 refers to "the document necessary for the purposes of confirming information about the exporter or producer to the individual anti-dumping duty rate." Could the representative of the Kyrgyz Republic please provide more details or an example of such a document?

Reply to Questions 1 and 2:

Paragraph 99 refers to the document for the purposes of price undertakings, while paragraph 102 refers to the document for the purposes of the individual anti-dumping duty rate.

The purpose of these amendments is to assist the customs authorities in identifying the producer or the exporter. The Eurasian Economic Commission (EEC) has a right to determine the document that is necessary to confirm the producer or the exporter.

The example of such a document is the certificate of producer, which the EEC determines for the purposes of implementation of price undertakings. The form is provided in the decision to impose an anti-dumping measure. The document aims to certify that the export sale is made in accordance with the price undertakings accepted by that particular producer or exporter.

Question 3

The amendment to Section IV adding subsection 11 introduces a new form of anti‑dumping review "for the purposes of determining the absorption on an anti-dumping duty." Could the representative of the Kyrgyz Republic please clarify whether this amendment establishes an interim review process? Additionally, can the representative of the Kyrgyz Republic please confirm that this review can only be requested within two years of the imposition of a measure or the alteration of a measure as a result of a changed circumstance review?

Reply:

The amendment establishes the process for an absorption review. The request for such a review may be filed not later than 2 years from the imposition or alteration of the anti-dumping duty.

Question 4

The amendment to paragraph 163 refers to "the document required for the purposes of confirming information about the exporter." Could the representative of the Kyrgyz Republic please provide more details or an example of such a document?

Question 5

The amendment to paragraph 166 refers to "the document necessary for the purposes of confirming information about the exporter subject to the individual countervailing duty rate." Could the representative of the Kyrgyz Republic please provide more details or an example of such a document?

Reply to Questions 4 and 5:

Paragraphs 163 and 166 establish the right of the Commission to determine the document for the purposes of implementation of the countervailing measures. Please refer to the reply provided for Questions 1 and 2.

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