Law of the Republic of Belarus

(Unofficial translation)

 

Law of the Republic of Belarus

No. 346-Z of November 25, 2004

[Amended as of July 13, 2016]

 

On Measures to Protect Economic Interests of the Republic of Belarus in Foreign Trade of Goods

 

Adopted by the House of Representatives on October 29, 2004

Approved by the Council of the Republic on November 10, 2004

 

This Law determines measures to protect economic interests of the Republic of Belarus while carrying out the foreign trade of goods, as well as the procedure of introduction, application, review and abolishment of such measures.

 

CHAPTER 1
GENERAL PROVISIONS

 

Article 1. Main Terms Applied in this Law and Their Definitions

For the purposes of this Law the following main terms and their definitions are used:

similar goods – the goods classified by the same position of Commodity Nomenclature of Foreign Trade of the Republic of Belarus and (or) fully identical with the goods that are or may become the object of investigation, or, if there are no such goods, other goods not being fully identical, have the characteristics close to the characteristics of the goods that is or may become the object of investigation;

antidumping measures – the measures to limit the dumping import of goods applied by introducing an antidumping duty including the temporal antidumping duty or by taking obligations concerning the price by the exporter of these goods to the Republic of Belarus;

internal market – a set of economic relations within the customs territory of the state (union of states) in the frameworks of which the demand, supply and price for the goods are formed;

dumping margin – a ratio of a normal price of goods deducting the export price to their export price and expressed in percent;

dumping import of goods – an import of goods at export price less than its normal price;

dependent entities – subjects of civil law one of which due to its prevailing participation in the share capital of the other, or in accordance with the contract concluded between them, or in any other way has the possibility to influence the decisions passed by the other, or the subjects of civil law the decisions of which may be influenced by the third party or which together may influence the decisions of the third party;

interested persons – a domestic producer of similar or directly competitive goods or the association of domestic producers the majority of participants of which produce such goods; foreign producer or exporter of goods being the object of investigation; domestic importer of goods or association of domestic importers the majority of participants of which import such goods; the government or authorized body of the country of origin or export of the goods being the object of investigation or the authorized body of the union of foreign states to which the countries of origin or export of such goods are members; consumer (association of consumers); state bodies of the Republic of Belarus; other persons whose rights and interests are affected by the investigation and persons able to assist the investigation;

compensation measures – measures to limit import of goods produced and (or) exported with specific subsidy of a foreign state (union of foreign states) applied by introducing a compensation duty including temporal compensation duty or by taking obligations by the subsidizing foreign state (union of foreign states) in the person of its authorized body or exporter of the subsidized goods;

material damage to the Belarusian industry producing similar goods – confirmed by the fact worsening of the situation of the Belarusian industry producing similar goods that happens as the result of dumping or subsidized import of the goods and expressed, in particular, in reduction of production volume and sale of similar goods at the internal market of the Republic of Belarus, decrease of profitability of production of the goods, unfavorable influence on the goods supplies, level of employment, wages and investments to this industry producing the similar goods;

measures to protect economic interests – measures to limit the import of goods carried out by introducing and application of special protective, antidumping and compensation measures;

independent customer – a customer of goods being the object of investigation, which is not a dependent entity in relation to the producer and (or) exporter of the goods and (or) in relation to which there are no grounds to suppose that it has any agreement with the producer and (or) exporter that results or may result in limitation of competition or causing damage to the rights, freedoms and legal interests of other economic entities or consumers;

directly competitive goods – the goods which under its functional purpose, application, quality and technical characteristics as well as other main features is comparable with the goods that are or may become the object of investigation, so the customer substitutes or is ready to substitute the goods that are or may become the object of investigation with such goods;

normal price of goods – the price of similar goods at ordinary course of trade;

object of investigation – the goods in relation to which the fact of increased, dumping or subsidized import of the goods is being established;

ordinary course of trade – the sale and purchase of goods at internal market of foreign state (union of foreign states) of the producer or exporter of the goods being the object of investigation under the price not less than weighted average industrial, trade and administrative costs and general expenses;

Belarusian industry producing similar goods – all domestic producers of the similar goods or those of them whose share is major in the total production volume in the Republic of Belarus except for the domestic producers that carry out dumping import or are dependent in relation to the exporters and (or) importers of such goods themselves;

Belarusian industry producing similar or directly competitive goods – all domestic producers of similar or directly competitive goods or those of them whose share is major in the total production amount of such goods in the Republic of Belarus;

industry of foreign state (union of foreign states) – all producers of goods being the object of investigation in the foreign state (union of foreign states) or those whose share is major in the total production volume of such goods in the foreign state (union of foreign states);

consumer – a civil law entity, which acquires or use the goods being the object of investigation;

previous period – three calendar years directly preceding the day of submitting the application to hold the investigation and during which there are necessary data;

serious damage to the Belarusian industry producing similar or directly competitive goods – confirmed by evidence essential worsening of industrial, trade and financial situation of the Belarusian industry producing similar or directly competitive goods and that happened as the result of increased import of the goods and is expressed in the general worsening of the situation in production of similar or directly competitive goods;

mitigation of special protective measures – increase of the amount of special import quota or reduction of the rate of the special duty;

special import quota – a limitation in accordance with this Law of import of goods in relation to its quantity and (or) the cost;

subsidized import of goods – an import to the customs territory of the Republic of Belarus of the goods at production, export or transportation of which a subsidy of foreign state (union of states) was used;

subsidy of foreign state (union of foreign states) – a financial support by the foreign state (union of foreign states) of its producer and (or) exporter, industry of the foreign state (union of foreign states) or a group of producers and (or) exporters or industries of the foreign state (union of foreign states) that carry out the production or export of similar goods by direct transfer of money or obligation to do so; full or partial exemption from tax, customs and other obligatory payments; full or partial annulment of the debt or granting credit (loan) in order to assist to its payment; privileged or free supply of energy, materials, semi-finished products or services except for the goods and services aimed at support and development of the general infrastructure; concluding the contract with nongovernmental organization to apply one or several support measures; other forms to support incomes or prices the direct or indirect result of which is the increase of export of the goods from the territory of this foreign state (union of foreign states) or reduction of import of the goods to the territory of this foreign state (union of foreign states);

threat of material damage to the Belarusian industry producing similar goods – a confirmed by evidence inevitability of material damage to the Belarusian industry producing similar goods;

threat of serious damage to the Belarusian industry producing similar or directly competitive goods – a confirmed by evidence inevitability of serious damage to the Belarusian industry producing similar or directly competitive goods;

participants of investigation – a Belarusian industry, industry state body, state organization subordinate to the Government of the Republic of Belarus and other persons under which application the investigation was started; interested persons which declared their intent to participate in the investigation in accordance with the procedure established by article 4 of this Law;

export price of goods – the price at which the goods are imported to the customs territory of the Republic of Belarus.

 

Article 2. Scope and Purpose of this Law. International Treaties

1. This Law is in effect on all territory of the Republic of Belarus and covers the relations arising in foreign trade with a view to protect the economic interests of the Republic of Belarus, Belarusian industries and economic entities from unfavorable influence of increased import, dumping import and subsidized import of goods.

2. This Law does not cover the relations connected with the application of measures to protect economic interests of the Republic of Belarus in foreign trade of services and objects of intellectual property as well as currency and export control. Other exceptions from the scope of this Law and changing of its provisions may be established in accordance with the Constitution of the Republic of Belarus by the President of the Republic of Belarus, laws and provisions of international treaties of the Republic of Belarus.

3. When the provisions of international treaties of the Republic of Belarus establish other rules than those provided by this Law, the provisions of the international treaties are applied, unless otherwise is not provided by the rules of international law.

 

Article 3. Investigation

1. An investigation held in accordance with this Law and other acts of legislation shall precede the special protective, antidumping and compensation measures.

2. The investigation is held by the state body (further – investigating body) determined by the President of the Republic of Belarus or by the Government of the Republic of Belarus under his instruction.

Main objectives, functions and powers of the investigating body are determined by this Law and other acts of legislation.

3. Special protective, antidumping and compensation measures are introduced, applied, reviewed and abolished on the basis of the conclusion of the investigative body.

4. The investigation, as a rule, is held on the basis of a written application submitted by one Belarusian industry or other civil law entity on its behalf in accordance with the procedure established by the Government of the Republic of Belarus.

5. Before the decision to start the investigation is passed, information contained in the application about its holding is not subject to public disclosure except for the case, when an authorized body of foreign state (union of states), from the where the goods that may become the object of investigation are exported, is notified in writing about the fact that the application with the request to apply antidumping or compensation measures is accepted for consideration, as well as other cases established by laws and acts of the President of the Republic of Belarus.

6. When taking the decision to start the investigation, the investigating body notifies in writing the authorized body of foreign state (union of foreign states) from which the goods being the object of investigation are exported, as well as other interested person about taking the decision and provides within 5 working days since the decision was taken the publication of an announcement about starting the investigation in mass media determined by the Government of the Republic of Belarus.

The day of publication about starting the investigation is considered as the day the investigation starts.

7. The investigation is not held in relation to the goods originating from the least developed countries (territories), which enjoy the tariff preferences in the Republic of Belarus.

8. From the day of taking the decision to start the investigation till it is over the licensing of import of the goods to the territory of the Republic of Belarus being the object of the investigation without any quantitative limitations may be established in accordance with the procedure provided by legislation.

9. The investigation shall not impede the customs registration of the goods.

10. One of the Belarusian industries, state organizations subordinate to the Government of the Republic of Belarus under the request of which the investigation was started, domestic producer of similar or directly competitive goods or association of domestic producers the majority of participants of which produce such goods; foreign producer or export of the goods being the object of investigation; domestic importer of the goods or association of domestic importers the majority of participants of which import such goods; consumer (association of consumers); state bodies of the Republic of Belarus; other persons rights and interests of which are affected by the investigation and personal able to assist to the investigation and being the participants of the investigation as well as republican state goodies competent to regulate the customs affairs in the Republic of Belarus and hold the state statistics; other republican state bodies in accordance with legislation shall render assistance to the investigating body and give necessary information including the confidential one and samples of the goods, if requested.

In case the participants of the investigation refuse to give necessary information or does not submit it in the terms established by the investigative body, the conclusion about the results of investigation may be made by the investigating body based on the information there is.

Investigating body, if requested by the participants of the investigation, shall give them information about the course of the investigation, assist to discussion and solution of disputable matters arising during the investigation.

Information and evidence submitted by any participant of the investigation to the investigating body are sent by the participant to all other participants of the investigation. If the information or the evidence is not sent to the investigating body or to the participants of the investigation or if the information cannot be checked, such information and evidence are not considered by the investigating body at the course of the investigation.

11. The investigation is considered completed on the day when the investigating body submits to the Government of the Republic of Belarus a conclusion about its results.

12. The investigating body provides publication in mass media in accordance with the procedure established by the Government and in the period not more than 10 calendar days from the day the investigation is completed, its main outcomes received based on the analysis of the information there was.

 

Article 4. Participation of Interested Persons in the Investigation

1. Interested persons have the right to declare in writing their intent to participate in investigation.

The mentioned persons are considered as participants of investigation from the day they submitted the declaration in accordance with part one of this point to the investigating body in the period established by the body and have the rights and bear responsibilities provided by legislation.

2. The participants of the investigation act independently or through their authorized representatives.

If a participant of the investigation acts through its authorized representative the investigating body has the right to inform the participant about the investigation though its authorized representative.

 

Article 5. Taking Decision to Introduce, Apply, Review, Abolish or Not to Apply the Special Protective, Antidumping or Compensation Measures

1. The decision to introduce, apply, review, abolish or not to apply the measures to protect economic interests of the Republic of Belarus, including temporal ones, are taken by the President of the Republic of Belarus at the suggestion of the Government of the Republic of Belarus unless otherwise is established by this Law or by the President of the Republic of Belarus.

The Government of the Republic of Belarus within 30 calendar days from the day the investigating body submits its conclusion containing proposals to introduce, apply, review or abolish the special protective, antidumping or compensation measures, introduces a draft of the legal act on introduction, application, review or abolishment of such measures to the President of the Republic of Belarus in accordance with the established procedure.

2. The Government of the Republic of Belarus may take the decision not to apply the special protective, antidumping or compensation measures in case the conclusion of the investigating body made in the result of the investigation contains conclusions that there are no grounds to apply these measures, so the Government in 3 days notifies the President about it.

3. Special protective, antidumping or compensation measures are not applied:

if application of such measures may result in serious or material damage to the economy of the Republic of Belarus as a whole, to the development of Belarusian industries or interests of consumers or there are other essential grounds of national importance not to apply them. If the grounds, for taking such a decision in accordance with the provisions of this paragraph, have changed, the decision may be reviewed;

in cases provided by customs legislation, if the conditions of certain customs regimes or customs procedures based on economic interests of the Republic of Belarus provide that non-tariff regulation measures are not applied in the foreign trade of goods;

if the goods are imported as gratuitous aid to the Republic of Belarus or its territories;

in other cases determined by the President of the Republic of Belarus.

The investigating body provides publication of information about not application of these measures in accordance with this article and sends the information to the authorized body of the foreign state (union of foreign states) from which the goods being the object of investigation are exported.

 

Article 6. Confidential Information

1. Information submitted by the participant of investigation to the investigating body is considered as confidential if the person gives grounds confirming that the disclosure of such information may give a competitive preference to the third person or may lead to unfavorable consequences for the person who has submitted it, or for the person from whom the participant of the investigation has received the information. The confidential information shall not be disclosed if there is no permission of the person who has submitted it, except for the cases provided by legislation.

2. The investigating body has the right to request the participant of investigation, who has submitted the confidential information, to give its non-confidential version.

The non-confidential version of the information shall contain information sufficient to understand the essence of the submitted confidential information. If the confidential information may not be expressed in the non-confidential form, the participant of the investigation shall submit to the investigating body the proof that it is impossible to express it in non-confidential version.

If the investigating body establishes that the grounds given by the participant of investigation does not allow referring the information to confidential or the participant of investigation who submitted the confidential information does not prove the impossibility to express it in non-confidential version or submits information that cannot prove such impossibility, the investigating body has the right not to consider such information.

3. During the investigation the reception, storage and dissemination of information being state, service or commercial secret is carried out in order established by legislation.

 

Article 7. Disputes Settlement

Disputes arising when introducing, applying, review or abolishment of measures to protect economic interests of the Republic of Belarus in foreign trade or when holding the investigation are settled in court as well as though negotiations via diplomatic means and other means of peaceful settlement of disputes in accordance with the provisions of international law valid for the Republic of Belarus.

 

CHAPTER 2
SPECIAL PROTECTIVE MEASURES

 

Article 8. General Principles of Application of Special Protective Measures

1. Special protective measures are applied only based on the results of the investigation if its is established that import of goods is carried out in the Republic of Belarus in such an increased amount (compared with general amount of production or consumption of similar or directly competitive goods in the Republic of Belarus) and on such conditions that caused serious damage to Belarusian industry producing similar or directly competitive goods or creates the threat of such a damage.

2. Special protective measures are not applied in relation to the goods originating from the least developed countries (territories), which enjoy the tariff preferences in the Republic of Belarus.

The special protective measures are not applied in relation to the goods being the object of investigation and originating from a developing country (territory) which enjoy the tariff preferences in the Republic of Belarus, if a share of such a country (territory) does not exceed 3 percent in the general amount of import of the given goods to the customs territory of the Republic of Belarus, on condition that the total share in import of the given goods from developing countries (territories), each of which has the share not more than 3 percent in the general amount of import of the given goods, does not exceed 9 percent in the general amount of import of the given share to the customs territory of the Republic of Belarus.

 

Article 9. Peculiarities of the Investigating Procedure with a View to Apply the Special Protective Measures

1. A request to hold the investigation with a view to apply the special protective measures is rejected if the share of domestic producers of the goods supporting the mentioned request is not more than 50 percent in the total amount of production of similar or directly competitive goods in the Republic of Belarus.

2. The investigation with the view to apply such measures shall be held in the period not more than 9 months from the moment of taking the decision to start the investigation by the investigating body. If necessary the period of investigation may be prolonged by the investigating body but not more than for 3 months.

 

Article 10. Determining the Presence of Serious Damage to the Belarusian Industry Producing Similar or Directly Competitive Goods or the Threat of the Damage as a Result of Increased Import of the Goods

1. In order to determine the presence of serious damage to the Belarusian industry producing similar or directly competitive goods or the threat of such damage as the result of increased import of the goods the investigating body shall objectively evaluate the factors including qualitative indicators that stipulate the situation in the Belarusian industry producing similar or directly competitive goods including:

rate and amount of growth of import of the goods being the object of investigation (in absolute and relative indicators);

level of prices of the imported goods being the object of investigation compared with the prices to the similar or directly competitive goods produced in the Republic of Belarus;

change of amounts of sales of similar or directly competitive goods originating from the Republic of Belarus at the internal market of the Republic of Belarus;

change of production volumes of similar or directly competitive goods, indicators of labor productivity, use of production capacities, amount of profits and losses as well as levels of employment and wages in this Belarusian industry producing similar or directly competitive goods;

the share of imported goods in the total amount of sale of similar or directly competitive goods at the internal market of the Republic of Belarus.

2. The investigating body besides for the increased import of the goods analyses other known factors that at the same period cause damage to the Belarusian industry producing similar or directly competitive goods. The damage caused by this factors shall not be referred by the investigating body to the serious damage to the Belarusian industry producing similar or directly competitive goods as the result of increased import of goods to the customs territory of the Republic of Belarus.

 

Article 11. Introducing the Special Import Quota

1. An annual amount of special import quota that is introduced as the special protective measure shall not be less than the average annual amount of import of the given goods for the previous period except for the cases when the special import quota of less amount is necessary in order to eliminate the serious damage to the Belarusian industry producing similar or directly competitive goods or to prevent the threat of the damage.

2. Within the limits of annual amount of special import quota that is introduced as the special protective measure, the special import quotas for certain foreign states (unions of foreign states) may be established.

The share of import quota for a foreign state (union of foreign states) is determined after the consultations or negotiations with this state (union of states) considering its interests in the deliveries of goods being the object of investigation.

In cases when the consultations or negotiations on matters of the special import quota are not possible or at the course of such consultations or negotiations no agreement about it is achieved, the special import quota is distributed among foreign states (unions of foreign states) being interested in export to the customs territory of the Republic of Belarus of the goods being the object of investigation in ratio customary for the previous period based on total amount or total cost of import of the given goods.

If the growth of import from certain foreign states (unions of foreign states) in percent for the previous period has disproportionately increased in relation to the total growth of import of the goods being the object of investigation, the Government of the Republic of Belarus distributes the special import quota among such foreign states (unions of foreign states) considering the absolute and relative indications of growth of the import to the customs territory of the Republic of Belarus from these foreign states (unions of foreign states).

 

Article 12. Introducing Special and Temporal Special Duties

1. The special duty is introduced based on the results of investigation and is collected in addition to the rate of the customs duty.

2. If the delay of introduction of the special duty may cause serious damage to the Belarusian industry producing similar or directly competitive goods, that in the future will be hard to eliminate, based on the preliminary conclusion of the investigating body on establishing the cause-effect relation between the increased import of the goods and existence of serious damage to the Belarusian industry producing similar or directly competitive goods or the threat of the damage, the temporal special duty is introduced on condition that the investigation continues in order to get a final conclusion.

3. The period of validity of temporal special duty shall not exceed 200 days.

4. The temporal special duty is put on the account of the customs body of the Republic of Belarus and is not subject to transfer to the republican budget before the decision to introduce the special duty or special import quota is taken.

In case the decision to introduce the special duty or special import quota is taken, the temporal special duty is subject to transfer to the republican budget.

5. If as the result of investigation introduction of the special duty or special import quota is recognized unnecessary or a lower rate of the special duty than the rate of the temporal duty is introduced, the extra collected sums are subject to return to the payer in accordance with the procedure established by customs legislation.

In case of introduction of the special duty in greater amount, than the rate of the temporal special duty, the difference is not collected from the payer.

6. If as the result of the investigation the decision to introduce the special duty is taken, the period of validity of the temporal special duty is counted as the period of validity of the special duty.

 

Article 13. Validity and Review of Special Protective Measures

1. The special protective measures are applied for the period needed to eliminate the serious damage to the Belarusian industry producing similar or directly competitive goods or to prevent the treat of the damage and to adjust the Belarusian industry producing similar or directly competitive goods to the competitive conditions.

2. The term of validity of the special protective measures shall not exceed four years from the day the measures are introduced or the day of their last review.

3. If the special protective measures are applied more than one year the investigating body after the year expires submits to the Government of the Republic of Belarus a report about the results of their application with a view to determine the possibility of their mitigation taking into account the that the Belarusian industry producing similar or directly competitive goods shall develop on conditions of bona fide competition.

4. Under the initiative of the investigating body or under the requests of the interested persons after their submission of information confirming the necessity to review the application of special protective measures, the decision to hold a secondary investigation is taken.

5. The re-investigation with a view to continue the application or to review the amounts of the special protective measures cannot be started earlier than one year from the date of introduction of those measures and shall be completed within nine months from the date of taking by the investigation body the decision to start the re-investigation.

6. The Government of the Republic of Belarus on the basis of the results of re-investigation in accordance with the established order introduces to the President of the Republic of Belarus a draft of the legal act about the continuation of application of the special protective measure or about the review of their amounts.

The term of validity of the special protective measures may be prolonged, if as the result of the re-investigation it is established that the serious damage to the Belarusian industry producing the similar or directly competitive goods has not been eliminated or still there is the threat of the damage.

The general term of validity of the special protective measures including the term of validity of temporal special duty may not exceed eight years, and the conditions of application of such measures may not be more severe that the conditions applied within the term of their validity.

7. In case the term of validity of the special protective measures is not more than 180 days, they may be applied once again to the import of the goods in relation to which they were applied:

after at least one year from the day of their introduction;

on condition that they are applied not more than twice in 5 years directly previous to the date of their introduction.

The special protective measures the term of validity of which is more than 180 days may not be applied once again to the import of the goods in relation to which they were applied, within the term equaling to the term of their application. In this case the term of non-application of the special protective measure may not be less than two years.

 

CHAPTER 3
ANTIDUMPING MEASURES

 

Article 14. General Principles of Application of Antidumping Measures

1. The antidumping measures are applied only as the result of the investigation, if it is established that dumping import of the goods causes material damage to the Belarusian industry producing similar goods or creates the threat of the damage.

2. The antidumping measures are applied in relation to the goods being the object of dumping import or in relation to the producers (exporters) of such goods from the relevant foreign state (union of foreign states) with the consideration of the practice of application of antidumping measures in the trade relations with this foreign state (union of foreign states).

3. The antidumping measures as a rule are applied individually in relation to the goods being the object of dumping import or in relation of the producers (exporters) of the goods or associations of such producers (exporters).

 

Article 15. Peculiarities of the Investigation with a View to Apply the Antidumping Measures

1. The application to hold the investigation with a view to apply the antidumping measures is rejected, if:

the share of domestic producers of the goods who have submitted the application is less than 25 percent of the total amount of production of the similar goods in the Republic of Belarus;

the amount of production of domestic producers of similar goods who support the application including the applicant is less than 50 percent in relation to the amount of production of domestic producers of such goods who support the application or disagree with it.

2. If the application does not prove the level of support or disagreement in relation to the application about the investigation expressed by other domestic producers of similar goods, the investigating body with a view to take the decision about the investigation determines the level of support of the application based on the analysis of the information there is.

3. The investigation with a view to apply the antidumping measures is not started, if the dumping margin is less than 2 percent or the amount of dumping import of the goods from one foreign state (union of foreign states) does not exceed 3 percent in the total amount of import of the goods to the customs territory of the Republic of Belarus on condition that the total share in import of the given goods from all states, every share of which is not more than 3 percent in the total amount of import of the goods, does not exceed 7 percent in the general amount of import of the goods to the customs territory of the Republic of Belarus.

4. If at the same time several antidumping investigations in relation to import of any goods from several foreign states (unions of states) are being held, the investigations may be joined into one investigation. At that, the presence of material damage to the Belarusian industry producing similar goods or the threat of the damage are determined based on the conditions provided by article 20 of this Law.

5. The investigation with a view to apply the antidumping measures shall be held in the term not more than one year. When necessary, the term of the investigation may be prolonged by the investigation body but not more that to six months.

 

Article 16. Establishing the Fact of Dumping Import of Goods

1. The goods is the object of dumping import if the export price of the goods is less than their normal price.

2. If there are no sales of similar goods in normal trade of these goods in the internal market of foreign state (union of foreign states) exporting the goods being the object of the dumping import or in case, when because of the small amount of sales of the similar goods in the normal trade of the goods or due to the special situation in the internal market of foreign state (union of foreign states) exporting the mentioned goods such sales do not make it possible to hold the due estimation of export price of the goods with the price for similar or directly competitive goods, the export price of the goods is compared with the comparable price for similar goods exported by foreign state (union of foreign states) to the third country on condition that such a price for the similar goods determined during the investigation in accordance with the legislation is a representative or with the production costs in the country of origin of the given goods considering trade, administrative and general costs needed as well as the profit.

 

Article 17. Determination of the Normal Price of the Goods

1. Determination of the normal price of the goods being the object of investigation is carried out by the investigating body based on the analysis of the information it has.

2. The sales of similar goods in the normal trade of these goods in the internal market of the foreign state (union of foreign states) exporting the goods being the object of dumping import are considered as sufficient in order to determine the normal price of the goods, if such sales make up not less than 5 percent of the total import of the given goods to the customs territory of the Republic of Belarus.

Lower level of sales of similar goods in the normal trade of the goods is acceptable in order to determine the normal price of the goods, if there are evidence that such sales are sufficient to provide due comparison of the export price of the goods being the object of dumping import with the price for similar goods in the normal trade.

3. The sales of the similar goods in internal market of foreign state (union of foreign states) exporting the goods being the object of dumping import or the sales of the similar goods by the foreign state (union of foreign states) to the third countries under the prices less than the production costs (temporal and permanent) for an item of the goods considering the trade, administrative and general costs may be considered as not relevant to the normal trade and are not considered while determining their normal price only in case the investigating body establishes that such sales of similar goods are carried out not less than six months in significant quantities and under the prices that do not provide the compensation of all costs within this period of time. If the prices for the similar goods are less than the costs for one item of the goods in the period covered by the investigation, such prices are considered as those providing the compensation of all costs for not less than six months.

4. The sales of similar goods under the prices less than the costs for one item of the goods are considered to be carried out in significant quantities if the investigating body establishes that the average sale price under the contracts considered while determining the normal price of the goods is less that average costs for one item of the goods and that the amount of sales under the prices less than the costs per item makes up not less than 20 percent in the total amount of sales considered while determining the normal price of the goods.

5. The costs are calculated based on the record documents of the exporter or producer from the foreign state (union of foreign states) in relation to which the investigation is being held on condition that such documents comply with the general principles and rules of accounting in the foreign state (union of foreign states) and reflect the costs connected with the production and sale of similar or directly competitive goods.

6. The investigating body considers all evidence of accuracy of distribution of costs on condition that such a distribution is customary for the export or producer from the foreign state (union of foreign states) in relation to establishing the relevant amortization periods and deterioration, deductions for capital investing and coverage of other expenses for production development.

When distributing the costs in accordance with this point, the costs are adjusted with the consideration of the expense items aimed at development of future and (or) current production or circumstances at which the costs for the investigation period influence the putting into operation of new equipment.

The adjustment for the operation of new equipment reflects the costs at the end of putting the new equipment into operation or in case, if this process exceeds the period of investigation – the latter costs that are considered by the investigating body are considered at the course of the investigation if there are appropriate grounds for it.

7. The total quantitative indicators of trade, administrative and general costs as well as the profit are determined based on the actual data about the production and sales of similar goods in the normal trade of the goods. The actual data is submitted by the exporter or producer from the foreign state (union of foreign states) in relation to which the investigation is being held. If the total indicators may not be determined in this way, they are determined based:

on actual sums invested or spent by the export or producer in relation to which the investigation is held in connection with the production or sale of such category of goods in internal market of the country of origin;

on average actual sums invested or spent by other exporters or producers from the foreign state (union of foreign states) in relation to which the investigation is being held in connection with the production or sale of the similar goods in the internal market of the country of origin;

on other method on condition that the sum of profit established by the method exceeds the sum of profit regularly received by other exporters or producers of the goods from the foreign state (union of foreign states) while selling the same category of goods in the internal market of the country of origin.

8. In case of dumping import of goods from the countries where the state influences the formation of prices, the normal price of the goods may be determined based on the price or calculated cost of similar goods in the third country or the price to similar goods at their deliveries from such a third country to other counties including to the Republic of Belarus.

If it is impossible to determine the normal price of the goods in accordance with the provisions of this point, the normal price of the goods may be determined on the basis of the price paid or subject to payment for the similar or directly competitive goods in the Republic of Belarus and adjusted taking into account the profit.

For the purposes of this point while determining the normal price of the goods the countries may be considered as the states influencing the formation of prices based on the following criteria:

the level of convertibility of the currency of the foreign state (union of foreign states) from which the goods being the investigation object are exported in international currency market;

the level of state interference in taking the decision about establishing the prices for the similar goods, about determining the production costs, about the release of production including the raw materials, technologies, amounts of production and sale and level of investments by the industry of the foreign state (union of foreign states) from which the goods being the investigation object are exported;

the level of state interference in taking the decision by the exporters of the foreign state (union of foreign states) from which the goods being the investigation object are exported, about establishing the export prices and amounts of export deliveries;

the level of state interference while establishing the wages in the industry of the foreign state (union of foreign states) from which the goods being the investigation object are exported;

 

the level of state influence on the activity of organizations with foreign participation or on investments of foreign organization on the territory of the foreign state (union of foreign states) from which the goods being the investigation object are exported;

whether the industry of the foreign state (union of foreign states) from which the goods being the investigation object are exported of a single form of accounting complying with the general principles and rules of accounting and record.

 

Article 18. Determining the Export Price of Goods

If there is no information about the export price of the goods being the investigation object or if the investigating body doubts the validity of information about the export price of the goods because the exporter and importer are dependent entities or there is an agreement between them concerning the export price of the goods that results or may result in limitation of competition or damage the rights, freedoms and legal interests of other economic entities or consumers, the export price of the goods may be calculated based on the price at which the imported goods are at first sold to an independent buyer, or determined based on the analysis of the information there is at the investigation body or by other method that may be determined by the investigating body, if the imported goods are not resold to an independent buyer or are not resold in the same condition they were imported to the customs territory of the Republic of Belarus.

 

Article 19. Determining the Dumping Margin

 

1. Comparison of the export price of the goods with its normal price is carried out at the same stage of a trade transaction and in relation to the sales carried out, if possible, at the same time.

When comparing the export price with the normal price, the necessary adjustments considering the differences that influence the comparison of the prices including those in conditions and features of the delivery, taxation, stages of trade transactions, quantity, physical characteristics, as well as other differences, in relation to which the evidence of their influence on the comparison are given, are made. If it is provided by point 8 article 17, the adjustments for the expenses (including taxes paid in the period between the import and resale of the goods) as well as for the profit shall be made.

2. Investigating body has the right to request the participant to give information necessary to provide the due comparison of prices.

3. If the comparison of the export and normal price needs recalculation from one currency into other, the recalculation is made by using official rates of Belarusian ruble established by the National Bank of the Republic of Belarus in relation to the relevant foreign currencies or to the conventional (settlement) money units.

The investigation body does not consider the variation of exchange rates and at the course of the investigation gives the exporters not less than 60 calendar days for the adjustment of their export prices considering the sustainable changes of exchange rates in the period covered by the investigation.

4. The presence of dumping margin at the course of the investigation is determined based on the comparison of average normal price of the goods with the average prices under all compared export delivering or the comparison of the normal price with the export prices under each export delivery compared.

The normal price of the goods established in average may be compared with the prices for separate export delivery, if the investigation body establishes that the export prices essentially differ among some customers, regions or depending on the time period of the deliveries, and if there is an explanation why such differences may not be relevantly considered in case of comparison of average normal price with the average prices for all export deliveries compared or of the comparison of the normal price with the export prices under each export delivery compared.

5. If the good being the dumping import object is not imported directly from the country of its origin but is exported to the customs territory of the Republic of Belarus from the third country, the export price of the good is compared with the comparable price for similar good in the exporting foreign state (union of foreign states).

6. The comparison of the export price of the good being the dumping import object may be made with the comparable price for similar good in the country of origin, if the mentioned good is just reshipped through the exporting foreign state (union of foreign states) or is not made in the exporting foreign state (union of foreign states), or there is no comparable price for the similar or directly competitive good in the exporting foreign state (union of foreign states).

7. The investigating body, as a rule, determines an individual dumping margin in relation to every known foreign exporter or foreign producer of the good being the investigation object.

8. If the number of exporters, producers or importers of good being the investigation object, or types of goods covered by investigation is so great that it’s impossible to determine the individual dumping margin, the investigation body may limit the determination of the individual dumping margin by the number of participants of the investigation or the good by using the data it has on the moment of holding the analysis or by the greatest shares of the amount of export from the certain foreign state (union of foreign states).

For the purposes of this point the selection of exporters, producers and importers of goods being the investigation object or the types of goods covered by the investigation is carried out based on the consultations with the relevant exporters, producers or importers of the goods with their consent.

9. If the investigating body limits the consideration in accordance with the provisions of point 3 article 17 of this Law, it determines the individual dumping margin for each exporter or producer from the foreign state (union of foreign states) who were not selected, but who have submitted necessary information in the term established at the course of the investigation.

10. The investigating body determines single dumping margin in relation to all known foreign exporters or foreign producers of goods being the investigation object, in case, if the number of exporters or producer of the foreign state (union of foreign states) is so great that its is practically impossible to determine the individual dumping margin or it may hamper the investigation to be completed in time.

 

Article 20. Determining the Existence of Material Damage to the Belarusian Industry Producing Similar Goods or the Threat of the Damage as a Result of Dumping Import of Goods

1. Existence of material damage to the Belarusian industry producing similar goods as the result of dumping import of goods is determined based on the results of the analysis of the amounts of dumping import of the given goods and its influence on prices for the similar goods in internal market of the Republic of Belarus as well as relevant influence of such import to domestic producers of similar goods.

2. Determination of the material damage to the Belarusian industry producing similar goods as the result of dumping import of the goods shall be based on the analysis of evidence and information there is at the investigation body.

3. When analyzing the amount of dumping import of the goods the investigating body determines whether or not the increase of dumping import of the goods in absolutely and (or) relatively to the total amount of production or consumption of the similar goods in the Republic of Belarus has taken place.

4. When analyzing the influence of dumping import on prices of the similar goods in internal market of the Republic of Belarus, the investigation body establishes:

whether the prices for the goods being the dumping import object were less than prices for the similar goods in the internal market of the Republic of Belarus;

whether the dumping import of the goods caused the decrease of prices for the similar goods in internal market of the Republic of Belarus;

whether the dumping import hamper the increase of prices of the similar goods in the internal market of the Republic of Belarus that would have taken place in case there was no such an import.

5. If the object of investigations held at the same time is the import of some goods to the customs territory of the Republic of Belarus from two or more foreign states (unions of foreign states), the investigation body may assess the influence of such an import jointly only when it establishes that:

the dumping margin determined in relation of import of goods from every foreign state (union of foreign states) exceeds the minimally possible dumping margin;

the amount of import of the given goods from every foreign state (union of foreign states) is not considered based on provisions of point 3 article 15 of this Law as insignificant;

the assessment of influence of import of goods jointly is possible taking into account the conditions of competition among import goods and the conditions of competition amount import and similar domestic goods.

6. The analysis of influence of the dumping import of the goods on the Belarusian industry producing similar goods is the assessment of economic factors and indicators having the relation to the situation in the industry including:

actual or possible reduction of amount of production, sales, share on the market, profit, production efficiency, incomes from investments or using the capabilities;

factors influencing the prices in internal market of the Republic of Belarus;

amount of dumping margin;

actual or possible unfavorable influence on money flows movement, commodity supplies, level of employment and wage, rates of production development and possibility to attract investment;

level of renewal of the economic situation of the Belarusian industry producing similar goods from the consequences of the dumping import of the goods.

7. Influence of the dumping import of the goods is assessed in relation to the Belarusian production of the similar goods, if the information there is makes it possible to distinguish the Belarusian industry of the similar goods based on the criteria of the production process, sale by the producers and profit.

If the information there is does not make it possible to distinguish such a Belarusian industry, the influence of the dumping import is assessed in relation to the Belarusian production of the narrower group or nomenclature of goods including similar goods in connection with which there is the necessary information.

8. When establishing that there is a threat of material damage to the Belarusian industry producing similar goods as the result of dumping import of the goods the investigating body considers the following factors:

the rate of growth of dumping import of goods proving the real possibility of further increase of such an import;

the price level for the goods being the dumping import object that may lead to reduction or containment of the price for the similar goods in the internal market of the Republic of Belarus and further growth of demand on the goods being the dumping import object;

 existence at the importer of the goods being the dumping import object of sufficient export capabilities or vivid inevitability of their increase confirming the real possibility of increase of the dumping import of the given goods including the capabilities of other export markets to accept any additional export of the given goods;

supplies of goods being the dumping import object at the importer’s.

9. Investigating body besides for the dumping import of the goods analyzes other known factors that at the same period cause damage to the Belarusian industry producing similar goods. The damage caused by these factors shall not be referred by the investigating body to the material damage to the Belarusian industry producing similar goods as a result of dumping import of goods to the customs territory of the Republic of Belarus.

10. The decision about the existence of the threat of the material damage to the Belarusian industry producing similar goods is taken, if the investigation body at the course of the investigation based on the results of the analysis of the factors mentioned in point 8 of this article made the conclusion about the inevitability of continuing the dumping import of the goods and causing by that import the material damage to the Belarusian industry producing similar goods in case no antidumping measures are taken.

 

Article 21. Introducing Temporal Antidumping Duty

1. If the information received by the investigating body before the investigation is completed contains conclusions about the existence of the dumping import of goods and the material damage, stipulated by the import, to the Belarusian industry producing similar goods or the threat of the damage, the temporal antidumping duty is introduced.

2. Temporal antidumping duty is introduced as the result of preliminary conclusion of the investigation body not earlier than 60 days after the investigation starts.

3. The rate of the temporal antidumping duty shall not exceed the amount of dumping margin.

If the rate of the temporal antidumping duty is less than preliminary calculated dumping margin, the term of its validity shall not exceed 6 months, except for the case of its prolongation up to 9 months based on the request of the exporters, whose share in the amount of dumping import of the goods being the investigation object is not less than 80 percent.

4. Temporal antidumping duty is paid to the account of the customs body of the Republic of Belarus and is not subject to transfer to the republican budget till the decision concerning the introduction of antidumping duty is taken or till the obligations mentioned in point 1 article 22 of this Law are taken.

5. If its is established that the material damage to the Belarusian industry producing similar goods is not caused, or there is no threat of such a damage, or the dumping margin does not exceed 2 percent, or the amount of the dumping import from the relevant foreign state (union of foreign states) is considered on the basis of the provisions of point 3 article 15 of this Law as insignificant, the payment made as temporal antidumping duty is subject to return to the payer in accordance with the procedure established by the customs legislation.

6. If as the result of the investigation the antidumping duty is introduced or the obligations mentioned in point 1 article 22 of this Law are taken, the sums of temporal antidumping duty are subject to transfer to the republican budget.

7. The sums of temporal antidumping duty are subject to return to the payer in case the price obligation taken by the exporter losses its force in accordance with part one point 7 article 22 of this Law.

8. If as the result of the investigation the antidumping duty is considered inappropriate or lower rate of the antidumping duty is introduced than the rate of the temporal antidumping duty, the extra paid sums are subject to return to the payer in accordance with the procedure established by the customs legislation.

9. In case the bigger rate of the antidumping duty is introduced than the rate of the temporal antidumping duty, the difference is not taken from the payer.

 

Article 22. Taking Price Obligations by the Exporter of Goods Being the Investigation Object

1. The investigation may be suspended or terminated without introducing any antidumping duties if the exporter of the goods being the investigation object sends in writing a voluntarily taken obligations to reconsider the prices for the given goods or obligations to terminate the export of the given goods at prices less than the normal price of the goods, if as the result of such obligations the investigation body establishes that such obligations eliminates unfavorable consequences of the dumping import of the goods. The level of prices for the goods being the investigation object in accordance with the obligations taken shall not be more than it is necessary in order to eliminate the dumping margin. The increase of the price for the goods being the investigation object may be less than the dumping margin, if such an increase is enough to eliminate the material damage to the Belarusian industry producing similar goods or enough to eliminate the threat of such damage.

2. The obligations mentioned in point 1 of this article are not accepted till the investigating body makes a preliminary positive conclusion about the existence of the dumping import of the goods and the existence of the material damage to the Belarusian industry producing similar goods or the threat of such damage stipulated by such an import.

3. The obligations mentioned in point 1 of this article are not accepted, if the investigating body considers them impossible in connection with the great number of real or prospective exporters of the goods being the investigation object or taking into account the circumstances connected with the interests of the national policy. In this case the investigating body notifies the exporters of the goods the reasons for not accepting the obligations and gives them the possibility to submit their comments in this connection.

4. The investigating body sends every export of the goods who takes the obligations mentioned in point 1 of this article a request to submit a non-confidential version of such obligations in order to have the possibility to submit them to the participants of the investigation.

5. The investigating body has the right to offer the exporters of the goods to take the obligations mentioned in point 1 of this article, but it does not have the right to require them to take such obligations.

6. In case the obligations mentioned in point 1 of this article are taken, the investigation in relation to the dumping import of the goods and the material damage to the Belarusian industry producing similar goods stipulated by it or the threat of the damage may continue under the request of the exporter of the goods being the investigation object or under the decision of the investigation body.

7. If, based on the results of the investigation, the conclusion about the absence of the dumping import of the goods or absence of the material damage to the Belarusian industry or the threat of it is taken, the obligations mentioned in point 1 of this article lose their force except for the case when the conclusion to the great extent is the result of taking such obligations. In this case the investigating body has the right to demand from the exporter that the obligations taken in accordance with the point 1 of this article are valid within a definite period of time.

In case the investigating body based on the results of the investigation makes the conclusion about the presence of the dumping import of the goods and of the material damage or threat of the damage stipulated by such an import, the obligations taken by the exporter and mentioned in point 1 of this article continue their effect in accordance with their conditions.

8. The investigating body, in case the obligations mentioned in point 1 of this article are taken, has the right to request the exporter of the goods being the investigation object to give information concerning the fulfillment of the obligations taken, as well as to receive the consent to hold the inspection of the submitted information. Non-submission of such information by the exporter is considered a violation of the obligations taken.

9. In case of violation, non-fulfillment or recall of the obligations taken by the exporter and mentioned in point 1 of this article, the decision to introduce the temporal antidumping duty is taken, if the investigation is not yet completed, or to introduce the antidumping duty, if as the results of the investigation show that the dumping import causes material damage to the Belarusian industry producing similar goods or creates the threat of the damage.

10. In case of violation of the obligations mentioned in point 1 of this article by the exporter, he is given a possibility to submit his comments in connection with such a violation.

 

Article 23. Introducing the Antidumping Duty

 1. The antidumping duty is introduced only based on the results of the investigation, if there is a cause-effect relation between the dumping import of the goods and the material damage to the Belarusian industry producing similar goods or the threat of such damage.

2. The antidumping duty is taken above the rate of the customs duty. The rate of the antidumping duty shall not exceed the amount of dumping margin.

The rate of the antidumping duty may be less than the dumping margin, if it is enough to eliminate the material damage to the Belarusian industry producing similar goods or enough to eliminate the threat of such damage.

3. If the foreign exporter takes the obligation to increase the export price of the goods to the amount of the dumping margin, the antidumping duty introduced is not taken from the day the relevant decision is taken in accordance with the procedure established by this Law.

4. When the investigating body determines the individual dumping margin in accordance with the provisions of point 7 article 19 of this Law, the antidumping duty is applied individually in relation to every known foreign exporter or the foreign producer of the goods being the dumping import object.

5. When the investigation body determines the single dumping margin in accordance with the provisions of point 10 article 19 of this Law, the antidumping duty is taken on the undiscriminating basis in relation to all known foreign exporters or foreign producers of the goods being the dumping import object.

 

Article 24. Amounts, Terms of Validity and Review of the Antidumping Measures

1. The antidumping measures are applied in the amount and within the time period necessary to eliminate the material damage to the Belarusian industry producing similar goods or the threat of the damage as the result of the dumping import of the goods.

2. The term of validity of the antidumping measures may not exceed five years from the day such measures are introduced or from the day they were reviewed last time.

3. The Government of the Republic of Belarus based on the result of the re-investigation initiated by the investigating body or by interested persons after the information confirming the necessity to review the application of the antidumping measures is submitted by them introduces to the President of the Republic of Belarus a draft of the legal act concerning the continuation of collecting the antidumping duty or concerning the review of its rate or concerning the effect of the obligations mentioned in point 1 article 22 of this Law, or concerning the review of the conditions of their effect.

4. The re-investigation in order to review the antidumping measures may not be started earlier than one year after the measures are introduced and shall be completed within one year from the day the investigating body takes the decision to start it.

5. Interested persons have the right to turn to the investigating body with the request to consider the question of the necessity to apply the antidumping measures to eliminate the material damage to the Belarusian industry or the threat of the damage as the result of the dumping import, including the matter of risk of such damage in case the antidumping measures are abolished or their rates are reviewed.

 

CHAPTER 4
COMPENSATION MEASURES

 

Article 25. General Principles of Application of Compensation Measures

1. The compensation measures are applied only based on the results of the investigation, if it is established that the import of goods, at production and (or) export of which the special subsidies of foreign state (union of foreign states) were used, cause the material damage to the Belarusian industry producing similar goods or creates the threat of such damage.

2. With a view to apply the compensation measures the following shall be established during the investigation:

a subsidy granted by the foreign state (union of foreign states) is specific;

the amount of the specific subsidy exceeds 5 percent of the cost of the goods;

the specific subsidy was aimed to compensate the expenses of the producer or exporter connected with their main activity and was granted more than once.

 

Article 26. Peculiarities of the Investigation with a View to Apply the Compensation Measures

1. The application to hold the investigation with a view to apply the compensation measures is rejected, if:

the share of the domestic producers of the goods supporting the mentioned application is less than 25 percent of the total amount of production of the similar goods in the Republic of Belarus;

the amount of production of the domestic producers of similar goods supporting the application including the applicant is less than 50 percent in relation to the amount of production of the domestic producers of such goods who support the application or express their disapproval.

2. If the application does not submit any evidence of the level of support or disapproval of the application expressed by other domestic producers of similar goods, the investigating body with a view to take the decision to start the investigation establishes the level of the support based on the information it has.

3. The investigation is terminated, if the investigating body establishes that the amount of the special subsidy of foreign state (union of foreign states) is minimal or the amount of actual or possible subsidized import or the amount of the material damage stipulated by the import are insignificant.

For the purposes of this point the amount of the special subsidy is minimal if it is less than 1 percent of the cost of the goods.

4. The investigation in relation to the goods being the subsidized import and originating from a developing country (territory) that enjoys the tariff preferences in the Republic of Belarus is terminated, if the investigating body establishes that the total amount of the specific subsidies of the foreign state (union of foreign states) grated in relation to the goods does not exceed 2 percent of its cost per one item of the goods or the share of such a country (territory) does not exceed 4 percent of total import of the given goods to the customs territory of the Republic of Belarus on condition that the total share in import of the given goods from the developing countries, the share of every one of which is not more than 4 percent in the total of import, does not exceed 9 percent in the total import of the given goods to the customs territory of the Republic of Belarus.

5. The investigation in order to apply the compensation measures shall be held in the term not more than 1 year. If necessary, the term of the investigation may be prolonged by the investigating body but not more than to 6 months.

6. Before the decision to start the investigation is taken, the information contained in the application to hold the investigation is not subject to disclosure except for the case of holding consultation in accordance with the provisions of article 33 of this Law.

 

Article 27. Determining the Specific Subsidy of a Foreign State (Union of Foreign States)

1. The subsidy of the foreign state (union of foreign states) is specific, if the subsidizing body or legislation being the base of the body’s functioning gives access to the subsidy only to a definite producer and (or) exporter or to a definite industry of economy of the foreign state (union of foreign states) or to the group (union, association) of producers and (or) exporters or industries of the foreign state (union of foreign states) producing similar goods.

2. The subsidy of the foreign state (union of foreign states) is specific, if such a subsidy is followed by:

subsidizing of a limited number of persons mentioned in point 1 of this article;

prevailing subsidizing of persons mentioned in point 1 of this article;

granting disproportionately great sums of subsidies to the persons mentioned in point 1 of this article;

selection by the subsidizing body of a privileged (preferential) way of subsidizing of persons mentioned in point 1 of this article.

3. The subsidy of the foreign state (union of foreign states) is also special if it is legally and actually bond with the following as one or several conditions:

results of export (the subsidy is actually bond with the results of export, if its grating being not legally connected with the results of export, is bond with the actual or possible export or export earnings);

use of domestic goods instead of the imported (the subsidy is actually bond with use of domestic goods instead of the imported ones, if its granting not being legally connected with the use of domestic goods, is bond with the actual or possible use of the domestic goods instead of the imported ones).

4. The subsidy of the foreign state (union of foreign states) is not special if the subsidizing body or legislation being the basis of the subsidizing body functioning establishes the criteria or conditions determining the right to obtain the subsidy (including depending on the quantity of employees, amount of production) and establishes its amount in accordance with strict observance of the criteria or conditions.

 

Article 28. Determining the Existence of the Material Damage to the Belarusian Industry Producing Similar Goods or the Threat of the Damage as the Result of Subsidized Import of the Goods with the Special Subsidy of the Foreign State (Union of Foreign States)

1. The existence of the material damage to the Belarusian industry producing similar goods as the result of the subsidized import of the goods with the special subsidy of the foreign state (union of foreign states) is determined based on the results of the analysis of the amount of the subsidized import of the goods and its influence on prices of the similar goods in the internal market of the Republic of Belarus as well as relevant influence of such an import on domestic producers of the similar goods.

If the special subsidies of the foreign state (union of foreign states) are granted in accordance with several programs, their total amount is considered.

2. Establishing the existence of the material damage to the Belarusian industry producing similar goods as the result of the subsidized import of the goods shall be based on the analysis of evidence and information there is at the investigating body.

3. When determining the existence of the material damage to the Belarusian industry or the threat of the damage as the result of the subsidized import to the Republic of Belarus with the specific subsidies of the foreign state (union of foreign states), the increase of the share of the given goods in the internal market of the Republic of Belarus or remaining of the share at the same level, or reduction of the share that could have been more significant if there were not special subsidies of the foreign state (union of foreign states) or the influence of the subsidies on the price of similar goods in the internal market of the Republic of Belarus are considered.

4. When determining the fact of decrease of the price of goods at production and (or) export of which the specific subsidies of the foreign state (union of foreign states) were used, the price of such goods and the price of similar goods at production and (or) export of which the specific subsidies of the foreign state (union of foreign states) were used, are compared taking into account the same amount of sales for the relevant period.

5. If the object of the investigations held at the same time is the import of some goods to the customs territory of the Republic of Belarus from two or more foreign states (union of foreign states), the investigating body may assess the influence of such import in total only if it establishes that:

the amount of subsidy in each foreign state (union of foreign sates) for the given goods is more than 1 percent of its cost;

amount of subsidized import of the given goods from each foreign state (union of foreign states) is not considered in accordance with the provisions of point 4 article 26 of this Law as insignificant;

assessment of the influence of the import in total is possible with the consideration of the conditions of competition between the imported goods and conditions of competition between the import goods and similar goods.

6. The analysis of influence of the subsidized import of the goods on the Belarusian industry producing similar goods means the assessment of economic factors and indicators related to the industry including the following:

actual or possible reduction of the amount of production, sales, share in the market, profit, production efficiency, incomes from the investments or use of capabilities;

factors influencing the prices in the internal market of the Republic of Belarus;

actual or possible unfavorable influence on movement of money flows, goods supplies, employment level and wages, rates of production growth and possibility to attract the investments.

7. The influence of the subsidized import of the goods is assessed in relation to the Belarusian production of similar goods, if the information there is makes it possible to single out the Belarusian industry based on such criteria as production process, sales by the producers and profit.

If the information there is does not make it possible, the influence of the subsidized import of the goods is assessed in relation to the Belarusian industry of the most narrow group or nomenclature of goods including the similar goods, on which there is some information needed.

8. When establishing the existence of the threat of the material damage to the Belarusian industry as the result of the subsidized import of the goods, the investigating body considers such factors as:

character and amount of the subsidy(ies) and its possible influence on trade;

rates of growth of the subsidies import of the goods showing the real possibility of further increase of such an import;

level of price for the goods being the subsidized import object that can lead to decrease or containment of the price for the similar goods in the internal market of the Republic of Belarus and further growth of demand for the goods being the subsidized import object;

presence at the exporter of the goods being the subsidized import object of sufficient export capabilities or evident inevitability of their increase proving the real possibility of increase of the subsidized import of the given goods including the capabilities of other export markets to absorb any additional export of the given goods;

the exporter’s supplies of the goods being the subsidized import object.

9. The investigating body, besides for the subsidized import of the goods, as well analyses other known factors that at the same time cause damage to the Belarusian industry producing similar goods. The damage caused by such factors shall be referred by the investigating body to the material damage to the Belarusian industry producing similar goods as the result of subsidized import of goods to the customs territory of the Republic of Belarus.

10. The decision about the existence of the threat of the material damage to the Belarusian industry producing similar goods is taken if the investigating body based on the results of the analysis of the factors mentioned in point 8 of this article has come to conclusion on inevitability of continuation of the subsidized import of goods and causing the material damage to the Belarusian industry producing similar goods by the import, unless the compensation measures are not undertaken.

 

Article 29. Introducing Temporal Compensation Duty

1. The temporal compensation duty is introduced not earlier than 60 days after the beginning of the investigation, if the information received at the course of the investigation shows the fact that there is the subsidized import of goods and there is the material damage to the Belarusian industry producing similar goods or the threat of the damage stipulated by the import.

2. The temporal compensation duty is introduced for the term up to four months.

3. The rate of the temporal compensation duty shall be exceed the amount of the subsidy established by the foreign state (union of foreign states) calculated per one item of the relevant goods at its import to the Republic of Belarus.

4. The temporal compensation duty is collected to the account of the customs body of the Republic of Belarus and is not subject to be transferred to the republican budget till the decision on introducing the compensation duty is taken or till the obligations mentioned in point 1 article 30 of this Law are taken.

If based on the results of the investigation the compensation duty is introduced or the obligations mentioned in point 1 article 30 of this Law are taken, the sums of the temporal compensation duty are subject to transfer to the republican budget.

5. The sums of temporal compensation duty are subject to return to the payer, if the price obligation taken in accordance with point 1 and part two point 5 article 5 of this Law by the exporter of the goods being the investigation object losses its force.

6. If based on the results of the investigation the introduction of the compensation duty is considered unnecessary or the lesser rate of the compensation duty than the rate of the temporal compensation duty is established.

7. In case the compensation duty is introduced in the greater amount than the rate of temporal compensation duty, the difference is not taken from the payer.

8. If after the end of the investigation the decision to introduce the compensation duty is taken, the term of validity of the temporal compensation duty is counted as the term of validity of the compensation duty.

 

Article 30. Taking the Obligation from the Subsidizing Foreign State (Union of Foreign States) or from the Exporter of the Goods Being the Investigation Object

1. The investigation may be suspended or terminated without introducing the compensation duty when receiving a voluntarily obligations taken in writing in accordance with which:

the foreign state (union of foreign states) from which the goods being the investigation object are exported agrees to abolish or reduce the subsidies or take other adequate measures with a view to eliminate the consequences of subsidizing;

the exporter of the goods being the investigation object agrees to reconsider his prices for the goods, if as the result of the analysis of such obligations the investigation body establishes that taking such obligations eliminates the unfavorable consequences of the subsidized import of goods. The level of prices for the goods being the investigation object in accordance with the obligations taken shall not be more that it is necessary for compensation of the influence of the subsidies on the Belarusian industry producing similar goods. The increase of the price for the goods being the investigation object may be less than the amount of the subsidies if such an increase is enough for elimination of the material damage to the Belarusian industry producing similar goods or enough to prevent the threat of such damage.

2. Obligations mentioned in point 1 of this article are not accepted till the investigation body taken the preliminary positive conclusion about the existence of the subsidized import of the goods and the material damage to the Belarusian industry producing similar goods stipulated by it or the threat of such damage. Obligations from the exporters of the goods being the investigation object mentioned in point 1 of this article are not accepted if no consent of the exporting foreign state (union of foreign states) to accept them by its exporters is received.

3. Obligations mentioned in point 1 of this article are not accepted, if the investigating body considers them impossible in connection with the big number of actual or prospective exporters of the goods being the investigation object or in connection with the consequences arising from the interests of national policy. In this case the investigation body informs the exporters of the goods the reasons for not accepting their obligations and gives them the possibility to give their comments in this connection.

4. The investigating body has the right to offer the exporters of the goods to take the obligations mentioned in point 1 of this article, but has not right to require to take such obligations.

5. In case of taking the obligations mentioned in point 1 of this article, the investigation in relation to the fact of existence of the subsidized import of goods and the material damage or the threat of the damage to the Belarusian industry producing similar goods stipulated by it may continue under the request of the foreign state (union of foreign states) from which the goods being the investigation object are exported or under the resolution of the Government of the Republic of Belarus.

If based on the results of the investigation the conclusion on absence of the subsidized import is taken or absence of the material damage or its threat to the Belarusian industry stipulated by the import is taken, the obligation taken by the exporter of the goods mentioned in point 1 of this article lose their force except for the case, when the conclusion made to the great extent is the result of taking such obligations. In this case the obligations taken by the exporter under the point 1 of this article shall be valid within the definite period of time.

If the investigating body based on the results of the investigation makes the conclusion that there is the subsidized import and the material damage or the threat of the damage stipulated by it, the obligations taken by the exporter and mentioned in the point 1 of this article continue their effect in accordance with their terms.

 

Article 31. Introducing Compensation Duty

1. The compensation duty is introduced only based on the results of the investigation, if there is a causal effect between the import of the goods at production and (or) export of which the subsidies of the foreign state (union of foreign states) were used and the material damage to the Belarusian industry producing similar goods or the threat of such damage.

2. The compensation duty is taken above the rate of the customs duty. The rate of the compensation duty shall not exceed the amount of the subsidy established by the foreign state (union of foreign states) calculated per item of the relevant goods at importing it to the Republic of Belarus. The rate of the compensation duty may be less than the amount of the specific subsidy of the foreign state (union of foreign sates) if it is enough to eliminate the material damage to the Belarusian industry producing the similar goods or enough to eliminate the threat of the damage.

4. The decision to introduce the compensation duty may be taken within the period of validity of the special subsidy of the foreign state (union of foreign states).

5. The compensation duty is applied in relation to the goods delivered by all exporters of the goods that are the subsidized import object causing the material damage to the Belarusian industry producing similar goods or creating the threat of the damage except for the goods of those exporters who have taken the obligations in accordance with the provisions of point 1 article 30 of this Law.

6. If the producer or exporter of the foreign state (union of foreign states) in writing take the obligation to increase the export price for the goods in the amount of the subsidy, the compensation duty is not taken after the President of the Republic of Belarus passes relevant decision.

7. In case of violation of the obligations mentioned in point 1 article 30 of this Law, the President of the Republic of Belarus has the right to introduce the temporal compensation duty.

 

Article 32. Amounts, Terms of Validity and Review of the Compensation Measures

1. The compensation measures are applied in such amounts and within such a period of time that are necessary to eliminate the material damage to the Belarusian industry producing similar goods or to eliminate the threat of the damage as the result of the subsidized import of the goods.

2. The term of validity of the compensation measures may not exceed five years form the day such measures are taken or from the day of their last review.

3. Re-investigation with the purpose to review the compensation measures may not be started earlier than one year after introduction of such measures and shall be completed within one year from the date the investigation body taken the decision to start the re-investigation.

4. Based on the results of re-investigation initiated by the investigating body or by the interested persons after they submit information confirming the necessity to review the application of the compensation measures, the decision to continue the collection of the compensation duty may be taken, or the decision to review its rate, or to continue of the obligations mentioned in point 1 article 30 of this Law or the decision to review the conditions of validity of such obligation is taken.

5. Interested persons have the right to turn to the investigating body with the request to consider the question of necessity to continue to apply the compensation measures in order to eliminate the material damage or the threat of the damage as the result of the subsidized import of the goods, including the matter of risk of renewal of the material damage to the Belarusian industry in case the compensation measure is abolished or its amount is reviewed.

 

Article 33. Consultations to Establish the Existence of the Supposed Specific Subsidy of the Foreign State (Union of Foreign States)

1. After the application is taken for consideration and till the decision to start the investigation is taken, the investigating body offers the authorized body of the foreign state (union of foreign states) from which the goods are exported to hold the consultations with a view to clarify the situation concerning the existence, amount and consequences of the supposed specific subsidy of the foreign state (union of foreign states) and to achieve mutually acceptable decision. Such consultations may be held also in the course of the investigation.

2. Holding the consultations with a view to clarify the situation relating the existence, amount and consequences of the supposed specific subsidies of the foreign state (union of foreign states) do not hinder the investigation body to take the decision to start the investigation and pass preliminary or final conclusions based on its results, and to take the decision to apply the compensation measures.

 

CHAPTER 5
FINAL PROVISIONS

 

Article 34. Entry into Force

This Law enters into force six months after its official publications except for this article and point 2 article 35 that enter into force from the day of the official publication of this Law.

 

Article 35. Bringing the Legislation in Accordance with this Law

1. Till the legislation is brought in accordance with this Law, it is applied in the part not contradicting to this Law, if otherwise is not established in accordance with the Constitution of the Republic of Belarus.

2. The Government of the Republic of Belarus in six month term after the official publication of this Law to provide bringing the legislation in accordance with this Law.

 

Article 36. Recognizing the Law of the Republic of Belarus to Have No Force and a Provision of the Law of the Republic of Belarus

In connection with the passing of this Law to recognize the following to have no force:

the Law of the Republic of Belarus of December 2, 1999 “On Measures to Protect Economic Interests of the Republic of Belarus in Foreign Trade of Goods”.

 

President of the Republic of Belarus                                                                                                                                                                                                 A. Lukashenko

* unofficial translation *