The Rada adopted two laws necessary for WTO accession

The Verkhovna Rada on Tuesday adopted as a whole two Laws that are on the list of those necessary for Ukraine's accession to the WTO, a proUA correspondent reports.

291 people's deputies voted for the adoption as a whole of the Law "On Amending the Law of Ukraine "On Protection of the National Producer from Dumped Imports" (regarding procedural issues of anti-dumping investigation)." 302 people's deputies voted as a whole for the adoption of the Law of Ukraine "On the Application of Special Measures Regarding Imports into Ukraine" (regarding procedural issues of special investigation and application of special measures).

The Law "On Amending the Law of Ukraine "On Protection of the National Producer from Dumped Imports" (regarding procedural issues of anti-dumping investigation)" amends the provisions of the Law that establish: the procedure for calculating and determining the normal value of goods (goods) (Article 7 of the Law); the cases and procedure for comparing the normal value of goods (goods) with the export price and determining the dumping margin (Article 9 of the Law); the procedure for calculating and determining injury as well as the procedure for initiating an anti-dumping procedure (Articles 10 and 12 of the Law); the time limits of an anti-dumping investigation (Article 13 of the Law); the procedure for terminating an anti-dumping procedure without applying anti-dumping measures and applying final anti-dumping measures (Article 16 of the Law); specifics of applying anti-dumping measures (Article 17 of the Law); the procedure for resuming an anti-dumping investigation (Article 23 of the Law); other provisions.

The amendments to the provisions of the Law that determine the procedure for comparing the normal value of goods with the export price provide for establishing the procedure for comparing the export price with the normal value of goods in cases where: the goods are imported into the importing country not from the country of origin; the goods are transported in transit through a country or are not produced in the exporting country, or there is no comparable price for them in the exporting country.

Also, the Law establishes new criteria under which the anti-dumping investigation procedure may not be initiated even in the presence of dumping and the injury caused thereby.

The existing procedure for changing the rate of anti-dumping duty in the event of a change in the price level is also being changed, as well as the procedure for clarifying the amount of the rate of the preliminary anti-dumping duty.

The Law establishes, among other things, a special procedure for adopting decisions on the application of anti-dumping measures with respect to developing WTO member countries. At the same time, such provisions (if this draft law is adopted) will enter into force on the day of Ukraine's accession to the WTO.

The Law "On Amending the Law of Ukraine "On the Application of Special Measures Regarding Imports into Ukraine" (regarding procedural issues of special investigation and application of special measures)" determines that consumers and consumer associations may also be interested parties (in a special investigation). It is stated that the investigation period is the period for which the Ministry studies the dynamics of growth in the volume of imports of the goods that are the object of the investigation, and the production, trade and financial situation of the national producer.

The Law determines that the first meeting of the Interdepartmental Commission on International Trade (hereinafter – the Commission) is held no later than one month (in the current version – 10 days) from the date the Ministry receives the information specified in the Law and (or) the relevant copy of the application, also specified in the Law. At the meetings of the Commission, decisions are adopted on issues of: initiating or refusing to initiate a special investigation regarding imports of goods; applying special measures regarding imports of goods that are the object of the investigation; canceling special measures regarding imports of goods, etc.

The Law states that the investigation period is, as a rule, from one to three years (in the current version – from 6 months to a year).

It is determined that in cases where, in addition to the growth in the volume of imports, other factors causing significant injury to the national producer simultaneously exist, the growth in the volume of imports is not determined to be the cause of significant injury. And also that the term of application of surveillance measures is limited and cannot exceed the term of the special investigation. It is stated that in the absence of sufficient justification for the need to establish a different level to prevent or eliminate the consequences of significant injury, the maximum quota level cannot be lower than the arithmetic mean value of imports of the goods that are the object of the special investigation carried out during the last three representative years for which statistics on imports are available, unless the need for a different level to prevent or eliminate significant injury is justified. And during the investigation, the Commission may adopt a decision to terminate the special investigation without applying special measures. Such a decision is adopted by the Commission by a majority of votes after the Ministry submits conclusions and a report on the results of the special investigation.

The Law notes that in cases where the term of application of special measures exceeds one year, such measures must be progressively liberalized at regular (equal) intervals during the term of their application. In cases where the term of application of special measures exceeds three years, such measures are subject to liberalization no later than after the expiration of half of this term. Where possible, special measures are canceled or the pace of their liberalization is accelerated. At the same time, the total term of application of special measures, including the term of application of preliminary special measures, the term of the initial application of special measures and any extension thereof, must not exceed eight years.