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

Kazakhstan

Supplement

The following communication, dated and received on 10 September 2024, is being circulated at the request of the delegation of Kazakhstan.

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Pursuant to Article 18.5 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, Article 32.6 of the WTO Agreement on Subsidies and Countervailing Measures and Article 12.6 of the WTO Agreement on Safeguards, Kazakhstan hereby notifies the Committee on 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 (1^st Package of amendments) and on 12 February  2024 of the Protocol Amending the Treaty on the Eurasian Economic Union of 29 May 2014 (2^nd Package of amendments).

The 1^st Package of amendments contains, inter alia, amendments to the Protocol on Application of Safeguard, Anti-Dumping and Countervailing Measures with respect to Third Countries (Annex No. 8 to the Treaty, the "Protocol"). These amendments, inter alia, establish the deadline for withdrawal of the application during changed circumstances reviews, new exporter reviews or anti‑circumvention reviews of anti-dumping or countervailing measures.

Other amendments from the 1^st Package of amendments with respect to the Protocol represent mainly technical modifications, including corrections which are specific only to the Russian language and consequently do not alter previously notified text of the Protocol.

The 2^nd Package of amendments with respect to the Protocol includes:

- provisions granting the investigating authority the right to determine the document required to confirm information about a foreign exporter or producer in cases of establishing an individual anti‑dumping or countervailing duty rate, as well as in the case of approval of price undertakings;

- inclusion of a new type of review - for the purposes of determining the absorption of an anti‑dumping duty;

- specification to persons who can submit applications for the initiation of investigations (the requirement for associations to include producers accounting for the major proportion, but not less than 25 percent, of the total volume of production, has been eliminated – this level of support can be additionally provided by producers that are not members of the association);

- bringing the wording of the Protocol into more precise conformity with the WTO Agreements (in terms of injury and threat of injury to a domestic industry);

- clarifications on the application of licensing provisions in relation to a special quota as a form of a safeguard measure.

This notification contains the relevant provisions of the 1^st and 2^nd Packages of amendments.

The 1^st Package of amendments

Unofficial translation

PROTOCOL

Amending the Treaty on the Eurasian Economic Union of 29 May 2014 (1)

The Member States of the Eurasian Economic Union, hereinafter referred to as Member States,

Having regard to Article 115 of the Treaty on the Eurasian Economic Union of 29 May 2014,

Hereby agree as follows:

Article 1

Amend the Treaty on the Eurasian Economic Union of 29 May 2014 as follows:

9) in the Protocol on Application of Safeguard, Anti-Dumping and Countervailing Measures with respect to Third Countries (Annex No. 8 to the Treaty):

in paragraph 2:

the sixth subparagraph is amended as follows:

"import quota" – the amount (in volume and (or) value terms) of imports of the product into the customs territory of the Union, beyond which a product cannot be imported into the customs territory of the Union;";

in the thirty third subparagraph "an establishment of a particular volume" is replaced by "the amount (in volume and (or) value terms)";

the second subparagraph of paragraph 74 is amended by adding "of foreign producers and producers of the Member States and competition between such producers" after "trade restrictive practices";

in the first subparagraph of paragraph 105 "in the official sources specified in the Treaty" is replaced by "on the official website of the Union on the Internet";

in the first subparagraph of paragraph 170 "in the official sources specified in the Treaty" is replaced by "on the official website of the Union on the Internet";

paragraph 201 is amended by adding the following after the first subparagraph:

"In cases where an investigation is conducted in accordance with paragraphs 110, 111, 114 – 120, 175 and 179 – 185 of this Protocol an application may be withdrawn by the applicant either before the initiation or in the course of the investigation but no later than on the date when the investigating authority informs the interested parties of the main conclusions made as a result of the investigation pursuant to paragraphs 224 and 230 of this Protocol.";

in paragraph 204 "in the official sources specified in the Treaty" is replaced by "on the official website of the Union on the Internet";

the forth subparagraph of paragraph 242 is amended by adding "(in the case of a safeguard investigation) or the like product (in the case of an anti-dumping or countervailing duty investigation)";

…

Article 2

This Protocol shall enter into force on the date on which the depositary receives, through the diplomatic channels, the last written notification of completion by the Member States of internal procedures necessary for its entry into force.

Done at Yerevan on 1 October 2019 in the single copy in the Russian language.

The original of this Protocol shall be deposited in the Eurasian Economic Commission, which, as the depositary of this Protocol, shall send each Member State its certified copy.

The 2^nd Package of amendments

Unofficial translation

PROTOCOL

Amending the Treaty on the Eurasian Economic Union of 29 May 2014

The Member States of the Eurasian Economic Union, hereinafter referred to as Member States,

Having regard to Article 115 of the Treaty on the Eurasian Economic Union of 29 May 2014,

Hereby agree as follows:

Article 1

Amend the Treaty on the Eurasian Economic Union of 29 May 2014 as follows:

11) in the Protocol on Application of Safeguard, Anti-Dumping and Countervailing Measures with respect to Third Countries (Annex No. 8 to the Treaty):

In the third, seventh and thirty second subparagraphs of paragraph 2 "by a decision of the Commission" is excluded;

in paragraph 24 "quota, the volume of such import quota" is replaced by "or special quota, the volume of such import or special quota", "lower volume of import quota" is replaced by "lower volume of import or special quota";

paragraph 25 is amended by adding "or special" after "allocation of import";

first subparagraph of paragraph 26 is amended by adding "or special" after "import";

first subparagraph of paragraph 27 is amended by adding "or special" after "import";

paragraph 28 is amended by adding "or special" after "import";

paragraph 29 is declared invalid;

in paragraph 67 "such" is replaced by "the dumped", "Member States for the like product and the impact of such imports on" is replaced by "Member States for the like product and the consequent impact of the dumped imports on";

paragraph 72 is amended as follows:

72. The examination of the impact of the dumped imports on the domestic industry of the Member States shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the domestic industry of the Member States, including:

actual or potential decline in sales, profits, output, market share of the product in the market of the Member States, productivity, return on investments, or utilization of capacity;

factors affecting prices of the product in the market of the Member States;

the magnitude of the margin of dumping;

actual or potential negative effects on cash flow, inventories, employment, wages, growth rate of output of the product, ability to raise capital and (or) investments.

The specified list of factors and indices is not exhaustive. One or several factors cannot give decisive guidance for the purposes of determination of injury to the domestic industry of the Member States caused by dumped imports.

For the purposes of expiry reviews the examination shall include the degree of recovery in the economic position of the domestic industry of the Member States after the impact of the prior dumped imports.";

paragraph 76 is amended as follows:

76. In making a determination of a threat of material injury to a domestic industry of the Member States caused by dumped imports, the investigating authority should consider all the available factors, including the following:

a significant rate of increase of dumped imports indicating the likelihood of substantially increased importation;

sufficient freely disposable, or an imminent, substantial increase in, capacity of the exporter of the dumped product which indicates the likelihood of substantially increased dumped imports of this product, taking into account the availability of other export markets to absorb any additional exports of this product;

the level of prices for the dumped product, whether such level of prices will have a significant depressing or suppressing effect on domestic prices for the like product in the Member States, and would likely further increase demand for the product subject to investigation;

inventories of the product subject to investigation.

No one of these factors can give decisive guidance for the purposes of determination of a threat of material injury to the domestic industry of the Member States caused by dumped imports.

paragraph 99 is amended by adding the following subparagraph:

"The Commission's decision on approval of price undertakings may determine the document required for the purposes of confirming information about the exporter or producer, and the requirements for filling in such a document.";

paragraph 102 is amended by adding the following subparagraph:

"When establishing the individual level of such anti-dumping duty rate, the Commission shall have the right to determine the document necessary for the purposes of confirming information about the exporter or producer subject to the individual anti-dumping duty rate and the requirements for filling in such a document.";

section IV is amended by adding the following subsection 11:

"11. Determination of absorption
of an anti-dumping duty

120¹. Within 2 years from the imposition of an anti-dumping measure or from the alteration of the anti-dumping duty rate as a result of the review carried out in accordance with paragraph 110 of this Protocol, an interested party shall have the right to submit an application containing evidence that after the imposition of the anti-dumping measure or the alteration of the anti-dumping duty rate as a result of the review carried out in accordance with paragraph 110 of this Protocol 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 is determined. Upon such application a review for the purposes of determining the absorption of an anti-dumping duty may be initiated.

120². A review for the purposes of determining the absorption of an anti-dumping duty shall be concluded within 9 months from the date of the initiation of the review.

120³. Information on the dynamics of export prices or resale prices of imported product in the Union market specified in paragraph 120¹ of this Protocol shall be submitted in the application in accordance with paragraph 120¹ of this Protocol for a period of at least 6 months preceding the date of filing the application.

120⁴. For the purposes of determining the absorption of an anti-dumping duty export prices for the period considered during the course of the review for the purposes of determining the absorption of an anti-dumping duty shall be compared to the export prices for the period used for the purposes of the determination of the amount of the anti-dumping duty applied. In this comparison, if necessary, adjustments shall be made to the compared export prices, taking into account differences in the conditions and characteristics of supplies, taxation, level of trade, quantitative indicators, physical characteristics, as well as any other differences that affect the comparability of such prices. The export price in the period considered during the course of the review for the purposes of determining the absorption of an anti-dumping duty shall be determined in accordance with paragraphs 64 and 65 of this Protocol.

120⁵. Within 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. Reasoning and evidence submitted by the interested parties after the specified deadline may be disregarded by the investigating authority.

120⁶. In cases where the absorption of the anti-dumping duty is established, the dumping margin shall be recalculated taking into account the export prices for the period considered during the course of the review for the purposes of determining the absorption of an anti-dumping duty. In this case, the normal value of the product shall be the normal value determined during the course of the anti-dumping investigation (including the review pursuant to paragraph 110 of this Protocol), on the basis of which the anti-dumping duty applied on the date of the initiation of the review for the purposes of determining the absorption of an anti-dumping duty was calculated. The normal value may be reassessed in cases where the evidence of the need for such reassessment is provided in accordance with paragraph 120⁵ of this Protocol.

120⁷. In 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.

120⁸. In 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.";

in paragraph 132 "such" is replaced by "the subsidized", "Member States for the like product and the impact of such imports on" is replaced by "Member States for the like product and the consequent impact of the subsidized imports on";

paragraph 137 is amended as follows:

"137. The examination of the impact of the subsidized imports on the domestic industry of the Member States shall include an evaluation of all relevant economic factors and indices having a bearing on the state of the domestic industry of the Member States, including:

actual or potential decline in output, sales, market share of the product in the market of the Member States, profits, productivity, return on investments, or utilization of capacity;

factors affecting prices of the product in the market of the Member States;

actual or potential negative effects on cash flow, inventories, employment, wages, growth rate of output of the product, ability to raise capital and (or) investments.

The specified list of factors and indices is not exhaustive. One or several factors cannot give decisive guidance for the purposes of determination of injury to the domestic industry of the Member States caused by subsidized imports.

For the purposes of expiry reviews the examination shall include the degree of recovery in the economic position of the domestic industry of the Member States after the impact of the prior subsidized imports.";

paragraph 139 is amended as follows:

139. In making a determination of a threat of material injury to a domestic industry of the Member States caused by subsidized imports, the investigating authority should consider all the available factors, including the following:

nature, the amount of the subsidy or subsidies and the trade effects likely to arise therefrom;

a significant rate of increase of subsidized imports indicating the likelihood of substantially increased importation;

sufficient freely disposable, or an imminent, substantial increase in, capacity of the exporter indicating the likelihood of substantially increased subsidized imports, taking into account the availability of other export markets to absorb any additional exports;

prices for the product subject of subsidized imports, whether such prices will have a significant depressing or suppressing effect on the prices of the like product at the domestic market of the Member States, and would likely increase demand for further subsidized imports;

inventories of the imported subsidized product.

No one of these factors can give decisive guidance for the purposes of determination of a threat of material injury to the domestic industry of the Member States caused by subsidized imports.

paragraph 163 is amended by adding the following subparagraph:

"The Commission's decision on approval of voluntary undertakings may determine the document required for the purposes of confirming information about the exporter and, if necessary, the producer and the requirements for filling in such a document.";

paragraph 166 is amended by adding the following subparagraph:

"When establishing the individual level of such countervailing duty rate, the Commission shall have the right to determine the document necessary for the purposes of confirming information about the exporter subject to the individual countervailing duty rate and, if necessary, the producer and the requirements for filling in such a document.";

paragraph 187 is amended as follows:

"187. The application indicated in paragraph 186 of this Protocol shall be filed by:

1) a producer (producers) of the like or directly competitive product (when the application for a safeguard measure is submitted) or the like product (when the application for an anti-dumping or a countervailing measure is submitted) in the Member States or by their authorised representative (representatives);

2) an organization (association, union) or organizations (associations, unions) of producers that includes producers of the like or directly competitive product (when the application for a safeguard measure is submitted), or the like product (when the application for an anti-dumping or a countervailing measure is submitted) in the Member States or by an authorised representative of such organization (association, union) or authorised representatives of such organizations (associations, unions).";

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Article 2

This Protocol shall enter into force on the date on which the depositary receives, through the diplomatic channels, the last written notification of completion of internal procedures necessary for its entry into force.

Done at Moscow on 31 March 2022 in the single copy in the Russian language.

The original of this Protocol shall be deposited in the Eurasian Economic Commission, which, as the depositary of this Protocol, shall send each Member State its certified copy.

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