Of Special Protective, Antidumping And Countervailing Measures When Importing Goods

Original Language Title: О специальных защитных, антидемпинговых и компенсационных мерах при импорте товаров

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RUSSIAN FEDERATION FEDERAL LAW On Special Protection, Anti-Dumping, and Countervailing Measures for Import of Goods Adopted by the State Duma on November 18, 2003 Approved by the Federation Council on November 26, 2003 18.02.2006 N 26-FZ; of 30.12.2006 N 280-FZ; of 11.07.2011 N 200-FZ; dated 04.06.2014 143-FZ Chapter 1. General provisions Article 1. The purpose and scope of this Federal Act 1. The purpose of this Federal Law is to protect the economic interests of Russian producers due to increased imports, dumped imports or subsidized imports into the customs territory of the Russian Federation. This Federal Act sets out the procedure for the introduction and application of special protective, antidumping and countervailing measures in the import of goods. 2. This Federal Law applies to legal relations arising from investigations that precede the introduction of special protective, antidumping or countervailing measures in the import of goods and applications for which Registered after the entry into force of this Federal Act. 3. This Federal Act does not regulate relations relating to the provision of services, performance, transfer of exclusive rights to objects of intellectual property or the granting of the right to use objects of intellectual property. Property, investment and currency control. Article 2: Basic concepts used in this Federal Law For the purposes of this Federal Law, the following basic concepts are used: 1) the same product, which is is identical to the goods that are or may be investigated or, in the absence of such goods, other goods that have characteristics close to the characteristics of the goods that are or may be investigated; 2) Anti-dumping duties-the duty that applies to Anti-dumping measures are imposed by the customs authorities regardless of the import customs duty; (In the wording of Federal Law dated 18.02.2006 N 26-FZ ) (3) Anti-Dumping Anti-Dumping, which is applied by the decision of the Government of the Russian Federation through the imposition of anti-dumping duties, including the preliminary The dumping margin-expressed as a percentage of the normal value of the goods, less the export price of such a commodity to its export price; 5) Dummy imports-imports of goods to the customs territory of the Russian Federation The Federation is lower than the normal value of such a commodity; 6) import quota-the limitation of the import of goods with respect to its quantity and (or) value; 7) countervailing duty-the duty that applies to the introduction Countervailing measure and is charged by Customs authorities regardless of the import customs duty; (In the wording of Federal Law dated 18.02.2006 N 26-FZ) 8) compensatory measure-measures to neutralize the effect of a specific subsidy of a foreign state (union of foreign states) on the branch of the Russian economy applied by the Government of the Russian Federation The Federation, through the imposition of countervailing duty, including provisional countervailing duty, or the approval of the obligations undertaken by the authorized body of the subsidizing foreign State (Union of foreign States) or the exporter; 9) material damage to the Russian industry The economy is evidenced by the deterioration of the Russian economy, which is due to dumped imports or subsidized imports, and is reflected, inter alia, in the reduction in the production of similar goods in the economy. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Investment in this sector of the Russian economy; 10) Low dumping margin-dumping margin of two percent; 11) directly competing goods-a commodity that is entirely identical to a commodity that is or could be the subject of an investigation, or comparable to the product that is or can be investigated, in terms of its purpose, application, quality and technical characteristics, and other basic properties in such a way that the buyer replaces or is ready to replace it in the process of consumption of a commodity that is or may become an object investigation; 12) the normal value of the commodity-the price of a similar commodity in the ordinary course of trade; 13) the normal course of trade-the sale of similar goods in the foreign market in which the goods are sold or traded. which exports the goods that are the subject of the investigation, at the price of not lower than the weighted average cost of the same product, based on the weighted average costs of production and weighted average trade, Administrative and general costs Federal Law of 30.12.2006 N 280-FZ ) 14) Russian economy-all Russian producers of similar goods (for the purpose of an investigation prior to the imposition of an anti-dumping or countervailing measure) or directly competing Goods (for the purpose of the investigation preceding the introduction of a special protective measure), or those whose share in the total production in the Russian Federation of the same goods or directly competing goods, respectively, is most of the; 15) the preceding period is three years, which immediately precede the day of filing that is the basis for the investigation of the application and for which the necessary statistical data are available; 16) serious damage to the Russian economy is a significant deterioration " The production, trade and financial position of the Russian economy, which is due to increased imports and is reflected in the general deterioration of the situation with the production of directly competing goods in the Russian Federation; 17) mitigation of special protective measure-increase The amount of import quota or reduction of the special duty rate applicable to the decision of the Government of the Russian Federation; 18) a special duty, which applies to the introduction of a special protection measure and is charged class="ed"> by Customs authorities regardless of the import customs duty; (In the wording of the Federal Law 18.02.2006 N 26-FZ ) 19) a special protection measure is the measure to limit the increased imports into the customs territory of the Russian Federation, which is applied by the decision of the Government of the Russian Federation through the introduction of an import quota or special duties, including the preliminary special duty; 20) a specific subsidy of a foreign state (union of foreign states)-a subsidy that is restricted and which is granted to a specific Producers and/or Exporting or a Specific Union (Union) producers and/or union (s) of exporters, or a particular branch of the economy, or are aimed at stimulating the export of goods or substituting imports of goods; 21) subsidized import-import of goods, in production, export or the transport of which was used by a specific subsidy of a foreign state (union of foreign states) to the customs territory of the Russian Federation; 22) a subsidy from a foreign state (union of foreign states)- Direct financial assistance by a government or other State organ of a foreign State (Union of foreign States) or through a non-State organization on behalf of the Government of a foreign State (s Subsisions to additional advantages and benefits within the territory of a foreign State (union of foreign states) in the form of direct cash transfers (including donations, loans, purchases of shares) or translation commitments such funds (including in the form of loan guarantees); Non-charging of payments that should be made to the State (including through the provision of tax credits), except in the case of the release of the exported goods from taxes or duties levied on a similar commodity, for domestic consumption or for the return of such taxes or duties in amounts not exceeding the amount actually paid; concessional or non-exchange of goods or services, except for goods or services intended for use to maintain and develop common infrastructure, that is, infrastructure that is not related to a specific manufacturer and (or) exporter; preferential purchase of goods; other support for income or prices, if the direct or indirect result of such support is to increase the export of goods from a foreign State (union of foreign countries) " (...) or a reduction in the import of goods into such foreign state (union of foreign states); 23) threat of material damage to the Russian economy-confirmed proof of inevitability of the goods Russian economic activity; 24) threat " causing serious damage to the Russian economy-confirmed evidence of the inevitability of serious damage to the Russian economy; 25) the export price of the commodity-the price at which the goods are imported on OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 3. Investigation 1. The introduction of a special protective measure, an anti-dumping measure or a countervailing measure in the importation of the goods must be preceded by an investigation carried out in accordance with the provisions of this Federal Act. 2. The investigation referred to in Part 1 of this article is being carried out in order to determine whether there has been increased import into the customs territory of the Russian Federation and the resulting serious damage to the Russian economy or the threat of causing Serious damage to the Russian economy, as well as to establish the existence of dumped imports or subsidized imports and the resulting material damage to the Russian economy, the threat of material damage to the industry of the Russian economy or a significant slowdown in the establishment of the industry of the Russian economy. Article 4. Federal executive, responsible for conducting investigations 1. The federal executive authority responsible for conducting investigations (hereinafter referred to as the investigating authority) shall be determined by the Government of the Russian Federation. 2. The authority referred to in part 1 of this article shall submit to the Government of the Russian Federation a report containing proposals for the introduction, application, revision or cancellation of a special protective measure, The Anti-Dumping and Countervailing Actions, with the Annex of the Draft Decision of the Government of the Russian Federation. 3. In the cases provided for by this Federal Act, the report referred to in part 2 of this article may be submitted before the completion of the investigation. Article 5. Decision on the results of the investigation The Government of the Russian Federation shall, within fourteen calendar days of the registration of the report submitted by the investigating body, contain proposals for The advisability of introducing, applying, revising or removing a special safeguard measure, anti-dumping or countervailing measure, decides on the introduction, application, review or cancellation of such measure or of its non-use in accordance with with the provisions of article 37 of this Federal Act. Chapter 2: Special Safeguardation Measures Article 6. General principles for the application of special protection measure 1. The special protective measure may be applied to the goods in case the investigation carried out by the investigating authority establishes that the import of the goods into the customs territory of the Russian Federation is carried out in such increased quantities (in absolute or relative terms to the total production in the Russian Federation of the directly competing goods) and on such conditions that it causes serious damage to the Russian economy, or poses a threat of serious damage to the Russian economy. (In the wording of Federal Law of 30.12.2006) N 280-FZ) 2. The special protective measure is applied to the goods imported into the customs territory of the Russian Federation, in accordance with Part 1 of this article, regardless of the country of origin of the goods, except for the goods originating from A developing country using the national system of preferences of the Russian Federation, if the share of imports from such a country does not exceed three per cent of the total amount of imports of the goods to the customs territory of the Russian Federation, the condition that the total share of imports of this product from developing countries to each of which no more than three per cent of the total volume of imports into the customs territory of the Russian Federation is imported, does not exceed nine per cent of the total volume of imports of the goods to the customs territory of the Russian Federation. Article 7. The establishment of serious damage to the industry of the Russian economy or the threat of causing serious damage to the branch of the Russian economy 1. In order to establish serious damage to the branch of the Russian economy or the threat of serious damage to the Russian economy due to the increased import into the customs territory of the Russian Federation, the investigating body conducting the investigation The investigation carried out in accordance with Articles 26 and 27 of this Federal Law assesses objective factors that can be expressed in quantitative indicators and have an impact on the economic situation of the Russian industry. economy, including: rate and volume of import growth of goods, the object of the investigation into the customs territory of the Russian Federation in absolute and relative terms to the total volume of production or consumption in the Russian Federation of the directly competing product; level prices of imported goods subject to investigation, as compared to the price of the competing goods produced in the Russian Federation; change in the volume of the sale of the competing goods produced in OF THE PRESIDENT OF THE RUSSIAN FEDERATION changes in the volume of production of direct competitive goods, productivity, production capacity, profit and loss levels, as well as employment levels in the Russian economy; share of imported goods, the object of the investigation, in the total volume of sales in the Russian Federation market of the goods and directly competing goods. 2. Serious damage to the Russian economy or the threat of serious damage to the Russian economy resulting from increased imports should be based on the analysis of all evidence and information relevant to the case and at the disposal of the investigating body. The investigative body, in addition to the increased imports, analyses other known factors that have caused damage to the Russian economy during the same period. The damage to the Russian economy should not be attributed to the serious damage to the Russian economy by the increased import into the customs territory of the Russian Federation. Article 8. Introduction of the preliminary special duty 1. In conditions of a critical situation in the Russian economy, if the delay in the application of a special protective measure would cause serious damage to the Russian economy, which will be difficult to eliminate later, OF THE PRESIDENT OF THE RUSSIAN FEDERATION between increased imports into the customs territory of the Russian Federation and " The decision to apply a special protective measure through the introduction of a preliminary special duty on the condition of the Russian economy, or the threat of serious damage to the Russian economy, is being made. The simultaneous continuation of the investigation in order to obtain a final opinion. (In the wording of Federal Law of 30.12.2006) N 280-FZ) 2. The authority conducting the investigation shall, in conjunction with the submission to the Government of the Russian Federation, of the report referred to in part 1 of this article, shall notify the authorized body of the foreign State (union of foreign countries) in writing. of the State) from which the goods are exported, the subject of the investigation, as well as other interested persons known to it of the possible introduction of a preliminary special duty. Upon the request of the authorized body of a foreign state (union of foreign states) to hold consultations on the introduction of a preliminary special duty, such consultations should be initiated after the adoption by the Government of the Russian Federation The Federation of the Decision on the introduction of a preliminary special duty. 3. The duration of the provisional special duty shall not exceed two hundred days. 4. The preliminary special duty is charged by the customs authorities under the rules established by the Customs legislation of the Russian Federation with regard to the collection of import customs duties. (...) (...) N 26-FZ) The amounts of the provisional special duty are not transferred to the federal budget pending the outcome of an investigation under articles 26 and 27 of this Federal Act, The application of a special protective measure. 5. In the event that an investigation carried out in accordance with articles 26 and 27 of this Federal Law establishes the existence of the grounds referred to in article 6, paragraph 1, of this Federal Act, the amount of the preliminary special duties are transferred to the federal budget. 6. In the event that an investigation carried out in accordance with articles 26 and 27 of this Federal Act establishes that there are no grounds referred to in article 6, paragraph 1, of this Federal Act, the amounts of the The special duty is to be returned to the payer in accordance with the procedure established by the customs legislation of the Russian Federation for the return of customs payments. 7. In the event that an import quota or a special duty is imposed following an investigation conducted in accordance with articles 26 and 27 of this Federal Act, the amount of the provisional special duty shall be transferred to the federal budget. In the event that an investigation conducted in accordance with articles 26 and 27 of this Federal Act results in the existence of the grounds referred to in article 6, paragraph 1, of this Federal Act, The introduction of a lower rate of special duty than a preliminary special duty rate, the difference between the special duty rate and the special duty rate is to be returned to the payer in the order established by OF THE PRESIDENT OF THE RUSSIAN FEDERATION . The balance of the provisional special duty is transferred to the federal budget. If the special duty rate is higher than the prior special duty rate, the difference between the special duty rate and the prepaid special duty rate is not charged. 8. In the event that an investigation conducted in accordance with articles 26 and 27 of this Federal Act results in the application of a special protective measure, the duration of the preliminary special duty shall be calculated in the general The duration of the special safeguard. Article 9. Application of special protection measure 1. The special protective measure is applied by the decision of the Government of the Russian Federation in the amount and within the period necessary to eliminate the serious damage to the Russian economy or the threat of serious damage to the Russian industry. In order to facilitate the process of adaptation of the Russian economy to changing economic conditions. 2. Where a special protection measure is applied by means of an import quota, the level of the import quota shall not be below the average annual level (in quantitative or monetary terms) of the volume of the import of the goods In the previous period, except for the need to establish a lower level of import quota to eliminate serious damage to the Russian economy or the threat of serious damage to the Russian industry Economics. 3. In the distribution of the import quota between foreign states (unions of foreign states) from which the goods were exported, the subject of the investigation, to foreign States (foreign unions) having an interest In the export of the goods to the customs territory of the Russian Federation, it may be proposed that consultations be held on the distribution of the import quota among them. In the event that consultations on the distribution of the import quota are not possible, or no agreement has been reached on such a distribution, the import quota shall be distributed among the following: by foreign States (unions of foreign States) having an interest in the export to the customs territory of the Russian Federation of the goods subject to the investigation, in proportion to the import of the goods from these countries of Foreign States (foreign trade unions) in the preceding period, on the basis of the total volume of imports of the goods in terms of quantity or value. If, in percentage terms, the increase in imports of goods subject to investigation from individual foreign States (unions of foreign States) increased disproportionately with respect to the overall increase in imports of the goods Prior period, the Government of the Russian Federation may distribute the import quota between such foreign states (unions of foreign states), taking into account absolute and relative increases in the import of the goods in the territory of the Russian Federation. THE RUSSIAN FEDERATION (...) (...) 4. The import of goods for which a decision has been made to establish the import quota as a special protective measure on the customs territory of the Russian Federation shall be carried out on the basis of a licence issued in accordance with the procedure established by the law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 10. Duration and review of special safeguard measure 1. The duration of the special safeguard shall not exceed four years, except in the case of an extension of such measure in accordance with part 2 of this article. 2. The period of validity of the special safeguard referred to in part 1 of this article may be extended by decision of the Government of the Russian Federation, if following the reinvestigation carried out by the investigating authority, That, in order to eliminate the serious damage to the Russian economy or the threat of serious damage to the Russian economy, there is a need to extend the duration of the special protective measure and there is evidence that the relevant The Russian economy is taking measures to facilitate the adaptation of this sector. Industry to the changing economic environment. When a decision is taken by the Government of the Russian Federation to extend the duration of the special safeguard measure, such a measure may not be more restrictive than the special protective measure in effect on the day of the extension decision. The duration of the special protection measure. 3. If the duration of the special safeguard is greater than a year, the investigating authority shall submit to the Government of the Russian Federation a report on the results of such a measure for the duration of the special safeguard. Determination of the possibility of mitigation of a special protective measure. If the duration of the special safeguard is greater than three years, no later than one second term of such measure, the investigating authority must conduct a follow-up investigation, which results in A special protective measure can be saved, softened, or cancelled. 4. The general duration of the special safeguard, including the duration of the provisional special duty and the period for which the special safeguard is extended, shall not exceed eight years. The Special protective measure may not be reapplied to the goods previously used by a special protective measure for a period equal to that of the first special safeguard. At the same time, the period during which the special safeguard has not been applied may not be less than two years. A special safeguard measure of one hundred and eighty or less days, irrespective of the paragraph of the second part of this paragraph, may be re-applied to the same product if it has been completed for at least one year. The day before the introduction of the special protective measure and the special safeguard measure was not applied to the product more than twice in the five years immediately preceding the day of the introduction of the new special protection measure. Chapter 3: Anti-dumping measures Article 11. The grounds for the application of the anti-dumping measure Anti-dumping measures may be applied to the goods subject to the dumping of imports, in the event that the investigation carried out by the investigating authority, It is established that the import of such goods into the customs territory of the Russian Federation causes material damage to the branch of the Russian economy, creates a threat of material damage to the Russian economy, or significantly delays the creation of such goods. branches of the Russian economy. Article 12. Dumping of dumped imports 1. The goods are a subject of dumped imports if the export price of the goods is lower than the comparable price of a similar commodity that is developing in the normal course of trading of such goods on the foreign market of which the goods are traded. the product is exported. 2. In the absence of transactions, the sale of the same goods in the ordinary course of trading in the foreign country from which the goods are exported, which is the subject of dumped imports, or in the event of a low volume of sales of a similar commodity in the normal course of trade, or because of the special situation in the foreign market from which the goods are exported, which is the subject of dumped imports, it is impossible to properly compare the export price of the goods goods with similar commodity prices, export price of the goods is compared with comparable prices for similar goods exported from a specified foreign country to a third country, provided that the price of a similar product is representative or the cost of producing the goods in the country of its origin, taking into account the necessary administrative, commercial and general costs, as well as profits. Volume of sales of similar goods in the normal course of trading on the foreign market, from which the goods that are the subject of dumped imports are considered sufficient to determine the normal value If this amount is not less than five per cent of the total volume of exports of the goods subject to dumped imports into the customs territory of the Russian Federation from that foreign State. Lower sales of similar goods in the normal course of trade are considered to be acceptable to determine the normal value of the goods if there is evidence that this amount is sufficient to ensure proper comparison The export price of the goods that is the subject of dumped imports, with the price of similar goods in the normal course of trade. Sales of similar goods in the foreign market from which the goods are exported, which is the subject of dumped imports, or from a designated foreign country to a third country at prices below production costs (fixed or variable) per unit of goods, taking into account administrative, trade and total costs, may be considered as not conforming to the normal course of trade and are not taken into account in determining the normal value of the goods only if the investigating authority will determine that the sale of the same Goods are delivered for a period of at least six months in large quantities and at prices that do not provide for all costs during that period. In the case where the price of a similar commodity, which, at the time of its sale, is lower than the cost of production per unit of goods, taking into account the administrative, trade and total costs, exceeds the weighted average of the production cost per unit of the goods, taking into account Administrative, commercial and common costs during the period covered by the investigation are considered as providing for full recovery of all costs for a period of at least six months. The sale of a similar commodity at prices lower than the cost of production per unit of goods, taking into account administrative, commercial and total costs, is considered to be significant if the investigating authority, establishes that the weighted average price of the same commodity for transactions taken into account in determining the normal value of the goods is lower than the weighted average cost of production per unit, taking into account administrative, trade and common costs and volume sales below such costs per unit of goods is not less than 20 The percentage of sales by transaction that is taken into account in determining the normal value of the goods. The cost of production per unit of goods, taking into account the administrative, trade and total costs, is calculated on the basis of the records of the foreign exporter or of the foreign manufacturer of the goods under investigation, Conditions that such documents conform to generally accepted accounting and reporting principles and rules in the foreign State concerned and reflect the costs of producing and selling the goods. The investigative body shall take into account all evidence at its disposal of the correct distribution of costs of production, administrative, trade and total costs, provided that such allocation of costs is generally practised by a foreign exporter or foreign producer of the goods under investigation, in particular with respect to the determination of the appropriate amortization period, the investment contribution and other development costs production. In allocating the costs of production, administrative, trade and total costs in accordance with this paragraph, such costs shall be adjusted to take into account the non-recurrent costs for the development of the production, or the circumstances, at the cost of the period covered by the investigation, is affected by the operation carried out during the period of the organization of the proceedings. The said adjustment of the production costs, administrative, trade and total costs of the effects on them of operations during the production period should reflect the costs at the end of the production period or, If this period extends beyond the period covered by the investigation, the most recent costs, which, if necessary, are taken into account by the investigating authority during the investigation. Total quantitative indicators of administrative, trade and total costs, as well as profit, are based on actual data on the production and sale of similar goods in the ordinary course of trade submitted by foreign countries. The exporter or the foreign manufacturer of the goods subject to the investigation. If such aggregates cannot be determined in this way, they can be determined on the basis of: actual amounts received and spent by a foreign exporter or foreign product, under investigation, in connection with the production and sale of the same category of goods in the market of the country of origin of the goods under investigation; weighted average amounts received and spent in connection production and sales of similar goods in the market of the country of origin Goods that are the subject of an investigation, other foreign exporters or foreign producers of the product; other method, provided that the amount of profit set by this method does not exceed the profit, usually Other foreign exporters or foreign producers of the same category of goods on sale in the market of the country of origin. 3. In the case of dumped imports from a country where market prices are regulated directly by the state or there is a public monopoly of foreign trade, the normal value of the goods can be determined on the basis of the price or the calculated value a similar product in a suitable third country (comparable for the purpose of the investigation of the first country) or the price of a similar commodity in its supply from such a third country to other countries, including the Russian Federation. In the event that the determination of the normal value of the goods in accordance with the provisions of this Part is not possible, the normal value of the goods may be determined on the basis of the price paid or payable for the same item in the case. OF THE PRESIDENT OF THE RUSSIAN FEDERATION For the purposes of this part, in determining the normal value of a commodity, a country may be regarded as a country in which market prices are regulated directly by the state or there is a state monopoly of the external trade, in particular on the basis of the following criteria: degree of convertibility of the foreign state from which the product is exported, the subject of the investigation, in international currency markets; intervention by a State in the acceptance of foreign exporters or by foreign producers of the goods subject to investigation, decisions to establish the prices of similar goods, the determination of production costs, the production of goods, the purchase of raw materials, the use of technology, and the level Investment; degree of intervention by a State when foreign exporters of goods are investigated, export pricing decisions and exports; of the State when establishing the level of remuneration of foreign Exporters or foreign producers of the goods under investigation; State influence on the activities of legal entities with foreign participation or investment by foreign legal entities; by persons in the territory of a foreign State from which the goods are exported, the subject of the investigation; the lack of a uniform format for the foreign exporters or foreign producers of the goods under investigation of accounting used for any purpose and Relevant generally accepted accounting and reporting principles and rules. 4. The normal value of the goods that is the subject of dumped imports is determined by the investigating authority, on the basis of the information available to it. 5. In the absence of data on the export price of the goods that are the subject of dumped imports or the establishment of the investigating authority doubts as to the reliability of the export price of the product as a result of the fact that the exporter and The importer of the goods is linked, including because of the relationship of each of them to a third party, or the existence of restrictive business practices in the form of collusion with respect to the export price of the product, its export price can be calculated on the basis of the basis of the price by which the imported goods are for the first time resold to an independent The buyer, or other method, which may be determined by the investigating authority if the imported goods are not resold to the independent buyer or resold in the form in which it was imported into the customs territory of the Russian Federation. For the purposes of this Part, Part 5 of Article 17, and Part 2 of Article 33 of this Federal Law, exporters, importers, Russian producers and other persons are considered bound together if they are recognized affiliated persons in accordance with the antimonopoly legislation of the Russian Federation. (In the wording of the Federal Law 30.12.2006 N 280-FZ) 6. The comparison between the export price of the goods and its normal value is carried out at the same stage of the trade transaction and in the case of the sale of goods that took place at the same time. When comparing the export price of the goods to its normal cost, they are adjusted to take into account differences that affect the comparability of prices, including differences in conditions and characteristics of supply, taxation, The stages of trade operations, quantitative indicators, physical characteristics, and any other differences in relation to which evidence of their impact on price comparability are presented. In the cases referred to in paragraph 3 of this article, account should be taken of the costs, including duties and taxes paid in the period between the import and the resale of the goods and the profit received. The investigative body is entitled to request the persons concerned to provide the necessary information to ensure that the export price of the goods is properly compared to its normal value. If, when comparing the export price of a commodity with its normal value, it is necessary to convert their values from one currency to another currency, such a conversion is made using the currency rate on the day of the sale of the product. In the event that the sale of foreign currency was directly related to the relevant export of the goods and was carried out for a period of time, the exchange rate used to sell the currency for the term was used. The authority conducting the investigation does not take into account currency fluctuations and provides exporters with at least sixty calendar days to adjust their export prices, taking into account the steady movements of currency rates during the period, covered by the investigation. The existence of a dumping margin during the investigation is determined by comparing the weighted average of the normal value of the commodity with the weighted average prices of all comparable exports of goods or comparisons The value of the goods with the export price of each comparable export. The weighted average normal value of the goods can be compared with the prices of individual exports if the investigating body determines that the export prices of the goods vary significantly between buyers, regions or the period of delivery of the goods, and if there is a basis for such differences to be taken into account in the case of comparing the weighted average normal value of the goods with the weighted average prices of all comparable prices exports of goods or comparison of the normal value of the goods with the export price of each comparable export of goods. 7. If the goods that are the subject of dumped imports are not imported directly from the country of origin but are exported to the customs territory of the Russian Federation from a third country, the export price of such goods is compared with the comparable price of a similar commodity in a foreign country from which the goods are exported, which are the subject of dumped imports. The comparison of the export price of the goods that is the subject of dumped imports may be compared with the same price in the country of origin if the goods are only transferred through a foreign State, from which it is exported to the customs territory of the Russian Federation, or the production of the goods is not carried out in that foreign State or there is no comparable price for the same goods in that foreign State. Article 13. Establishing the damage to the Russian economy's branch of the economy as a result of dumped imports 1. The damage to the Russian economy as a result of dumped imports is based on the analysis of the amount of dumped imports, the impact of dumped imports on the prices of similar goods in the Russian market and the impact of such imports. Imports into Russian producers of similar goods. 2. In this chapter, as well as Chapter 5 of this Federal Law, under the damage of the Russian economy, if not otherwise, the material damage to the Russian economy, the threat of causing material damage to the Russian economy, is understood. The Russian economy or the significant slowdown in the creation of the Russian economy. 3. In analysing the amount of dumped imports, the investigating authority determines whether there has been a significant increase in the dumping of imports of the goods (in absolute numbers or in relation to production or consumption in the Russian Federation) of the same goods). When analyzing the effects of dumping imports on similar goods in the Russian Federation market, the investigating body sets out the following factors: The subject of dumped imports is substantially lower than the prices of similar goods in the Russian Federation market; caused the dumping imports of a substantial decline in the prices of similar goods in the Russian Federation market; whether the increase in the price of the same goods has been substantially dumped. The Russian Federation market, which would have been the case in the absence of a dumping import. However, neither of the factors established by the analysis of the effects of dumped imports on the prices of similar goods in the Russian Federation market, nor any significant increase in the amount of dumped imports can have determining the damage to the Russian economy by dumping imports. (Part of the Federal Law dated 30.12.2006 N 280-FZ 4. In the event that the subject of simultaneous investigations is the import of any goods into the customs territory of the Russian Federation from more than one foreign country, the investigating authority may evaluate the total the effect of such imports only if it is determined that: dumping margins defined in relation to the import of goods from each foreign state exceed the minimum dumping margin, and the volume of imports goods from each foreign state are not insignificant with In the light of the provisions of article 29, paragraph 2, paragraph 2, of this Federal Act, the cumulative effect of the import of the goods is possible taking into account the conditions of competition between imported goods and the conditions of competition between imports goods and similar Russian goods. 5. The analysis of the effects of dumped imports on the Russian economy is based on an assessment of economic factors that are relevant to the state of the Russian economy, including: degree of economic recovery of the Russian economy after having had an earlier dumped import or subsidized import; which occurred or possible in the future reduction of production, sale of goods, share of it in the market of the Russian Federation; earnings, labour productivity, investment income or the use of production facilities; factors that affect the prices of goods in the Russian Federation market; dumping margins; which occurred or might have a future negative impact on traffic cash flows, stock of goods, employment, wages, growth rates of production of goods, opportunity to attract investment. However, none of the factors set by the analysis of the effects of dumped imports on the Russian economy could be of decisive importance for the purpose of establishing damage to the Russian industry. the economy as a result of dumped imports. (Paragraph is supplemented by Federal Law of 30.12.2006. N 280-FZ) 6. The effect of dumped imports on the Russian economy is assessed against the production of similar goods in the Russian Federation, if available data allow the production of a similar product based on criteria such as production process, sales of the goods by its producers and profit. In case the available data do not allow for the production of a similar commodity, the effect of dumped imports on the Russian economy is assessed in relation to the production of the most narrow group or the nomenclature of goods that include a similar product and the required data. 7. The establishment of damage to the Russian economy as a result of dumped imports should be based on the analysis of all relevant and available investigative, evidence and information authorities. The investigative body, in addition to dumped imports, analyses other known factors that have caused damage to the Russian economy during the same period. The damage to the Russian economy should not be considered by the investigating authority to the detriment of the Russian economy as a result of dumped imports. 8. In establishing the threat of material damage to the branch of the Russian economy as a result of dumped imports, the investigative body takes into account all available factors, including the following: class="ed"> (In the Federal Law of 30.12.2006) N 280-FZ ) , the rate of growth of dumped imports, indicating a real possibility of further increases in such imports; of export opportunities, or the obvious inevitability of their increase, which indicates a real possibility of increasing the dumping of imports of this product, taking into account the possibility of other export markets to accept any additional export of this goods; price level of the item being the subject dumped imports, if such price levels could result in lower or lower prices of similar goods in the Russian Federation market and further increases in the demand for dumped imports; The exporter of goods that are the subject of dumped imports. A decision on the existence of a threat of material damage to the branch of the Russian economy is taken if, in the course of the investigation of the factors mentioned in this Part, the investigating body has come to Conclusion of the inevitability of continuation of dumped imports and causing such imports of material damage to the branch of the Russian economy in case of non-acceptance of anti-dumping measures. Article 14. Introduction of the preliminary anti-dumping duty 1. In case the information received prior to the completion of the investigation indicates that there was a dumping import and the resulting damage to the Russian economy, the Government of the Russian Federation, on the basis of the report submitted in According to article 4 of this Federal Act and the preliminary conclusion of the investigating authority, a decision is made on the application of an anti-dumping measure by the application of the prior anti-dumping measure. duties to prevent damage to the Russian economy, caused by dumped imports during the investigation period. " The decision to impose a preliminary anti-dumping duty cannot be made earlier than sixty calendar days from the day of the beginning of the investigation. 2. The rate of preliminary anti-dumping duty should not exceed the size of the previously calculated dumping margin. If the provisional antidumping duty rate is equal to the pre-calculated dumping margin, the provisional anti-dumping duty shall not be longer than four months, except in the case of This period is extended up to six months on the basis of a request by exporters whose share of the dumped imports of the goods subject to the investigation is no less than eighty per cent. If the provisional anti-dumping rate is less than the previously calculated dumping margin, the provisional anti-dumping duty shall not be longer than six months, unless the duty is: The period extends up to nine months on the basis of a request by exporters whose share in the amount of dumped imports of the goods under investigation is no less than eighty per cent. 3. The preliminary anti-dumping duty shall be levied by the Customs authorities on the rules established by the Customs legislation of the Russian Federation with regard to the import customs duty. (...) (...) N 26-FZ) The amounts of the provisional anti-dumping duty are not transferred to the federal budget pending the outcome of an investigation conducted in accordance with articles 26 to 29 of this Federal Law Anti-dumping measures. In the event that the exporter of the goods subject to the investigation is subject to a price obligation by the exporter, the amount of the provisional anti-dumping duty is not subject to the investigation under article 15, paragraph 6, of this Federal Act. are transferred to the federal budget before a decision is taken on the results of an investigation conducted in accordance with articles 26 to 29 of this Federal Act. 4. In the event that an investigation carried out in accordance with articles 26 to 29 of this Federal Act establishes the existence of the grounds referred to in article 11 of this Federal Act, the amount of the prior anti-dumping duty are transferred to the federal budget. 5. In the event of an investigation conducted in accordance with articles 26 to 29 of this Federal Act, it is established that the grounds referred to in article 11 of this Federal Act are not subject to provisional antidumping The duties are to be returned to the payer in accordance with the procedure established by the customs legislation of the Russian Federation for the return of customs payments. The amounts of the provisional anti-dumping duty are to be returned to the payer also in the event of the release of the exporter of the goods subject to the investigation from the price obligations in accordance with article 15, part 6, of this Federal Act. 6. In the event of an investigation conducted in accordance with articles 26 to 29 of this Federal Act, an anti-dumping duty shall be imposed or the obligations set out in article 15, paragraph 1, of this Federal Act are accepted, The preliminary anti-dumping duty is transferred to the federal budget. In the event that an investigation conducted in accordance with articles 26 to 29 of this Federal Law establishes the existence of the grounds referred to in article 11 of this Federal Act, it is deemed appropriate The imposition of a lower rate of anti-dumping duty than the provisional anti-dumping duty, the difference between the provisional anti-dumping duty rate and the rate of the anti-dumping duty is to be returned to the payer in the order, OF THE PRESIDENT OF THE RUSSIAN FEDERATION Customs payments. The balance of the provisional anti-dumping duty is transferred to the federal budget. If the antidumping duty rate is higher than the provisional anti-dumping duty, the difference between the rate of anti-dumping duty and the rate of preliminary anti-dumping duty on the payer is not charged. 7. The application of the prior anti-dumping duty shall be subject to the provisions of article 16 of this Federal Act. Article 15. The acceptance by the exporter of the goods, which is the subject of the investigation, of the obligations in the price of the item 1. The investigation may be suspended or terminated by the investigating authority, without the introduction of a prior anti-dumping duty, or the final anti-dumping duty upon receipt by the exporter of the goods subject to the investigation. Investigations, obligations in writing, voluntarily accepted by the exporter, to review their prices for the goods, or to stop the export of the goods to the customs territory of the Russian Federation at prices below normal value. of the goods (if there are affiliated exporters in the Russian Federation -Support for these obligations of the exporter by the exporter) if, as a result of the analysis of these obligations, the investigating authority concludes that the acceptance of these obligations will result in the adverse effects of dumping , and if the Government of the Russian Federation decides to approve these obligations. The level of prices of the goods under investigation under these obligations should not be higher than that required to remove the dumping margin. The increase in the price of the goods under investigation may be less than dumping margins if such increase is sufficient to repair the damage to the Russian economy. 2. The decision to approve the obligations referred to in part 1 of this article shall not be taken by the Government of the Russian Federation until such time as the investigating body concludes with a preliminary positive conclusion on the existence of a dumping of the Russian economy. 3. The decision to approve the obligations set out in part 1 of this article shall not be taken by the Government of the Russian Federation in the event that the investigating body concludes that the approval of such obligations in respect of such obligations is not acceptable. A large number of real or potential exporters of goods subject to investigation or for reasons related to public policy interests. In such a case, the investigating authority shall inform the exporters of the reasons why the approval of their obligations was deemed inadmissible and provides an opportunity for exporters to comment on the inadmissibility of endorsing them. obligations. 4. The investigating body shall send each exporter, who has accepted the obligations specified in part 1 of this article, to make a request for their non-confidential version in order to be able to provide it to the persons concerned. 5. The investigating body may invite exporters to accept the obligations set out in part 1 of this article, but shall not require them to be accepted. 6. If the Government of the Russian Federation approves the obligations set out in Part 1 of this Article, the investigation into the existence of dumped imports and the consequent damage to the Russian economy may be continued at the request of the Russian Federation. the exporter of the goods subject to investigation or the decision of the investigating authority. In the event that the final results of the investigation conclude that there is no dumping or consequential damage to the Russian economy, the exporter, which has accepted the obligations set out in Part 1 of this article, shall be exempted from them unless the conclusion reached is to a large extent the result of the existence of these obligations. In such a case, the investigating authority may require the exporter of the goods that is the subject of the investigation so that the obligations of that exporter referred to in Part 1 of this Article shall remain in force for the necessary period. In the event that an investigation conducted in accordance with articles 26 to 29 of this Federal Act results in a finding of dumping and consequential damage to the industry The Russian economy continues to be subject to the obligations assumed by the exporter in accordance with the terms of this article. 7. The authority conducting the investigation shall be entitled to request from the exporter, if its obligations as set out in part 1 of this article have been approved by the Government of the Russian Federation, information relating to the exporter's fulfilment of these obligations, and also consent to the verification of this information. Failure to provide the requested information is considered a breach by the exporter of the obligations it has undertaken. 8. In the event of a breach or withdrawal by the exporter of the obligations set out in part 1 of this article, the Government of the Russian Federation shall decide on the application of the anti-dumping measure by imposing a preliminary anti-dumping duty, if The investigation is still pending, or the final anti-dumping duty, if the final results of the investigation indicate the existence of the grounds set out in article 11 of this Federal Law. In the event of a breach by an exporter of the obligations set out in part 1 of this article, it shall be given the opportunity to comment on the breach. 9. The authority conducting the investigation shall, in the opinion on which the approval of the obligations set out in part 1 of this article be approved, determine the rate of provisional anti-dumping duty or final An anti-dumping duty that may be imposed in accordance with the provisions of Part 8 of this Article. Article 16. Anti-dumping duty 1. The anti-dumping duty applies to the goods that are supplied by all exporters and are the subject of dumped imports, which cause damage to the Russian economy, with the exception of the goods supplied by the exporters, The obligations of which were approved by the Government of the Russian Federation in accordance with the provisions of article 15 of this Federal Act. 2. In the determination of an individual dumping margin in accordance with the provisions of article 29, paragraph 2, of this Federal Act, anti-dumping duties shall be applied individually for each known a foreign exporter or foreign producer of goods that is the subject of dumped imports. The single dumping margin, in accordance with the provisions of article 29, paragraph 3, of this Federal Act, shall be applied on a non-discriminatory basis to all known foreign exporters or foreign producers of dumped imports. 3. In the event that the authority conducting the investigation uses the restriction provided for in article 29, paragraph 2, of this Federal Act, the rate of anti-dumping duty applied to the unselected for the determination of individual dumping margin, but the time limit for foreign exporters or foreign producers of dumped imports should not exceed the amount of the required information in the course of the investigation weighted average dumping margin, as defined in relation to selected foreign Exporters or foreign producers of dumped imports. In the case of foreign exporters or foreign producers of dumped imports, no individual dumping margin was defined except for unselected for the determination of an individual dumping margin, but that provided the necessary information within the time limit for foreign exporters or foreign producers of dumped goods during the investigation of imports and in cases where foreign exporters or foreign The producers of the goods that are the subject of dumped imports shall refuse to provide the investigating authority with the necessary information for the purposes of the investigation or do not provide such information within the time limit prescribed in Part 3 Article 26 of this Federal Law applies anti-dumping duties at the rate determined by comparison of the highest of the rates established for foreign exporters and foreign producers of such goods for which was defined as an individual dumping margin, and the rate calculated By comparing the average normal value of the goods that is the subject of dumped imports and the weighted export price of the goods, as established in the course of the investigation, in accordance with article 12 of this Federal Act, being the subject of dumped imports. In this comparison, the highest value of the AD rate is chosen. (Part of the Federal Law from 30.12.2006 N 280-FZ) Article 17. Duration and revision of the anti-dumping measure 1. The anti-dumping measure is applied by the decision of the Government of the Russian Federation in the amount and within the time required to remove the damage to the Russian economy's industry due to the dumping of imports. 2. The period of action of an anti-dumping measure shall not exceed five years from the date on which the measure was initiated or from the date of the completion of the reinvestigation, which was carried out in connection with the changed circumstances, and at the same time related to the analysis of dumping Import and related damage to the Russian economy or the expiry of the period of the anti-dumping measure. 3. The decision to extend the duration of the anti-dumping measure is made by the Government of the Russian Federation on the basis of the report submitted by the investigating body on the outcome of the reinvestigation of the expiry date. Anti-dumping measures. Such re-examination shall be conducted by the investigating authority on the basis of a written application filed in accordance with the provisions of article 25 of this Federal Act or on the initiative of the investigating authority. A reinvestigation of the expiry of an anti-dumping measure shall be carried out on the basis of an application filed in accordance with the provisions of article 25 of this Federal Act or upon receipt by the authority conducting the investigation. Investigations into the possibility of resuming dumped imports and causing damage to the Russian economy in the event of termination of the anti-dumping measure. The application for reinvestigation for the purpose of an extension of the anti-dumping measure shall be filed not later than six months before the expiry of the anti-dumping measure. When establishing the possibility of resuming dumped imports and causing damage to the Russian economy industry in the event of termination of the anti-dumping measure, the investigating body will take into account all factors. Such factors include at least one of the following factors: maintaining dumped imports and causing damage to the Russian economy during the period of action; of the Russian economy and the application of anti-dumping measures in whole or in part; the existence of such a situation by foreign producers and (or) the condition of the goods markets that could lead to the resumption of dumped imports and Damage to the Russian economy. The need for a recalculation of the dumping margin and the size of the dumping of anti-dumping duties in relation to the expiry of the anti-dumping measure is to be determined by the investigating authority, Information available to him or her. The reinvestigation of the expiry of the anti-dumping measure should be completed within twelve months from the date of its commencement. The Government of the Russian Federation shall extend the application of the anti-dumping measure until such a reinvestigation is completed. In the event that such a reinvestigation has established that there is no basis for the application of the anti-dumping measure, the amount of the anti-dumping duty imposed during the period of the extension of the application of the anti-dumping measure, are to be returned to the payer in accordance with the procedure established by the customs legislation of the Russian Federation for the return of customs payments. 4. Upon the initiative of the investigating authority or at the request of the person concerned (if at least one year after the imposition of the anti-dumping measure), a reinvestigation may be conducted to determine the need The continuation of the application of the anti-dumping measure and (or) its revision, including the revision of the individual anti-dumping duty, due to changed circumstances. Depending on the purpose of the application for the said reinvestigation, the statement must contain evidence that due to changed circumstances: continued application Anti-dumping measures are not required to counter dumping imports and losses of the Russian economy as a result of dumped imports; the existing size of the anti-dumping measure is more than sufficient to counter it. dumping and eliminating the damage to the Russian economy As a result of dumping imports, the size of such measure; the existing size of the anti-dumping measure is not sufficient to counteract the dumping of imports and the removal of the damage to the Russian economy by dumping imports. The reinvestigation of the changed circumstances should be completed within twelve months of the start of the investigation. 5. The reinvestigation may also be conducted to establish an individual dumping margin for the foreign exporter or foreign producer who did not deliver the goods subject to the investigation during the period of Initial investigation. Such reinvestigation may be initiated by the investigating authority in the event that the exporter or manufacturer makes an application for re-investigation. The statement in this part should contain evidence that a foreign exporter or foreign producer of the goods is not associated with foreign exporters or foreign producers of the goods for which is subject to an anti-dumping measure, as well as evidence that the exporter or the producer of the goods is supplying the goods that are the subject of the investigation to the Russian Federation or is bound by the contractual obligation of delivery of such goods to the Russian Federation substantially, in the case of the exporter or the producer of the goods will suffer significant losses. At the time of the re-investigation, in order to establish an individual dumping margin for the foreign exporter or the foreign manufacturer, an anti-dumping action on the supply of the goods Investigations into the Russian Federation are not applicable to the exporter or the manufacturer. The specified reinvestigation shall be carried out as soon as possible. In any event, this period may not exceed twelve months. 6. The provisions of articles 26 to 29 of the present Federal Act relating to the submission of evidence relating to the investigation and the conduct of an investigation shall apply to the re-examination of the evidence provided for in this article, taking into account the relevant provisions of this article. differences. 7. The provisions of this article shall apply to the obligations assumed by a foreign exporter in accordance with article 15 of this Federal Act, subject to appropriate distinctions. (Article in the wording of the Federal Law of 30.12.2006 N 280-FZ) Chapter 4. Compensatory measures Article 18. General principles for the application of compensation measure 1. A compensatory measure may be applied to an imported product in the production, export or transport of which the specific subsidy of a foreign state (union of foreign states) has been used, if the result is The investigation carried out by the investigating body established that the import of such goods into the customs territory of the Russian Federation causes material damage to the Russian economy, creates a threat of causing material damage. branches of the Russian economy branches of the Russian economy. 2. The procedure for calculating the amount of a specific grant of a foreign State (union of foreign States) referred to in part 1 of this article shall be established by the Government of the Russian Federation. Article 19. The principles of the assignment of a subsidy to a foreign state (union of foreign states) to a specific subsidy 1. A grant from a foreign State (union of foreign States) as defined in article 2 of this Federal Law is a specific subsidy if the grant is authorized by a subsidiary body or by law specific organizations. For the purposes of this article, specific organizations are a specific producer and (or) an exporter or a particular branch of the economy of a foreign state (union of foreign states) or a group (union, association) of producers and (or) exporters or branches of the economy of a foreign state (union of foreign states). 2. In any case, a subsidy of a foreign state (union of foreign states) is a specific subsidy if the grant is accompanied by: limiting the number of specific organizations that are allowed to use subsidy; preferred use of subsidy by specific organizations; providing disproportionate grants to specific organizations; selection of a subsidized subsidiary body (preferential treatment) of the grant Organizations. Subsidy of a foreign state (union of foreign states) is a specific subsidy, if the number of specific organizations that are allowed to use the grant is limited by the organizations located in the designated grant Geographical area. Any subsidy of a foreign state (union of foreign states) is a specific subsidy if: subsidy under the law, or in fact as a single condition or one of the A number of conditions are linked to the results of the export of the goods. The grant is considered to be linked, in fact, to the results of the export of the goods if it is not legally related to the export of the goods, is related to the export of the goods that occurred or is likely to be exported in the future Revenue; The subsidy is linked to the law or in fact as the only condition or one of several conditions using local goods instead of imported goods. 3. A grant from a foreign State (a union of foreign States) is not a specific subsidy if the subsidizing body or law establishes objective criteria or conditions that determine the unconditional right to receive Subsidials and its size (including dependency on the number of workers engaged in production, output volumes) and strict compliance. 4. A grant from a foreign State (union of foreign States) to a specific grant may be based only on evidence of any of the conditions specified in parts 1 and 2 of this article. (Part added-Federal Law of 30.12.2006 N 280-FZ) Article 20. To damage the Russian economy's industry as a result of subsidized imports 1. The damage to the Russian economy resulting from subsidized imports is based on analysis of the volume of subsidized imports, the impact of subsidized imports on the prices of similar goods in the Russian Federation market and the impact of subsidized imports. of such imports to Russian producers of similar goods. 2. In this chapter, as well as Chapter 5 of this Federal Law, under the damage of the Russian economy, if not otherwise, the material damage to the Russian economy, the threat of causing material damage to the Russian economy, is understood. The Russian economy or the significant slowdown in the creation of the Russian economy. 3. In the analysis of the volume of subsidized imports, the investigating authority determines whether there has been an increase in subsidized imports (in absolute figures or in relation to the production or consumption of similar goods in the Russian Federation). When analyzing the impact of subsidized imports on the price of a similar product in the Russian Federation market, the investigating authority determines: was the price of the goods subject to subsidized imports below The price of a similar commodity in the Russian Federation market; has subsidized imports of similar goods in the Russian Federation; has prevented subsidized imports from rising prices of similar goods on the market OF THE PRESIDENT OF THE RUSSIAN FEDERATION Import. 4. In the event that the subject of simultaneous investigations is the import of any goods into the customs territory of the Russian Federation from more than one foreign country, the investigating authority may evaluate the total the effect of such imports only if it is determined that: The amount of the grant in each foreign country for the goods is more than one per cent of its value, and the volume of subsidized imports from each foreign state is not minor; aggregate evaluation The effect of the import of the goods is possible taking into account the conditions of competition between imported goods and the conditions of competition between imported goods and similar Russian goods. 5. Analysis of the impact of subsidized imports on the Russian economy is based on an assessment of the economic factors that are relevant to the state of the Russian economy, including: or possible future reductions Production, sales of goods, share of it in the Russian Federation market, profits, labour productivity, revenues from attracted investments or the use of production capacity; factors affecting the prices of goods in the Russian market THE RUSSIAN FEDERATION; the negative impact on the flow of cash flows, the stock of goods, the level of employment, wages, the rate of growth of production and the possibility of attracting investment. 6. The effect of subsidized imports on the Russian economy is assessed against the production of similar goods in the Russian Federation, if available data allow the production of a similar product on the basis of such criteria, as a manufacturing process, selling the product to its producers, and making a profit. In case the available data do not allow the production of a similar commodity, the effect of subsidized imports on the Russian economy is evaluated in relation to the production of the most narrow group or the nomenclature of goods that include a similar product and the required data. 7. The damage to the branch of the Russian economy as a result of subsidized imports should be based on an analysis of all relevant and available evidence and evidence. However, none of the factors set by the analysis of the volume of subsidized imports and the impact of subsidized imports on the Russian economy can be decisive for the purposes Damage to the branch of the Russian economy as a result of subsidized imports. The investigating authority, in addition to the subsidized import, analyses other known factors that cause damage to the industry during the same period of the Russian economy. The damage to the Russian economy should not be attributed to the economic branch of the Russian economy as a result of subsidized imports. (In the wording of Federal Law of 30.12.2006) N 280-FZ 8. In establishing the threat of material damage to the branch of the Russian economy as a result of subsidized imports, the investigating authority takes into account all the factors, including the following: class="ed"> nature, size of the grant or subsidies, and their possible impact on trade; the rate of growth of subsidized imports suggests a real possibility of further increase of such imports; the exporter of the goods that are the subject of subsidized imports export opportunities, or the obvious inevitability of their growth, which indicate a real possibility of increasing subsidized imports of the goods, taking into account the possibility of other export markets taking any additional exports this commodity; the level of prices of goods that are the subject of subsidized imports, if such price levels could lead to the reduction or reduction of the price of a similar commodity in the Russian Federation market and further increases in the demand for the goods, which is the subject of subsidized import; stocks at the exporter's The goods that are the subject of subsidized imports. However, none of the factors listed in this part may be decisive for the purpose of establishing the threat of material damage to the Russian economy's economic sector as a result of the subsidized Import. A decision on the existence of a threat of material damage to the branch of the Russian economy is taken if, in the course of the investigation of the factors mentioned in this Part, the investigating body has come to Conclusion on the inevitability of continuation of subsidized import and causing such imports of material damage to the branch of the Russian economy in the event of no countervailing measure. Law dated 30.12.2006 N 280-FZ) Article 21. Introduction of preliminary countervailing duty 1. In case the information received prior to the completion of the investigation indicates a subsidized import and the resulting damage to the Russian economy, by the Government of the Russian Federation on the basis of a report submitted in In accordance with the provisions of article 4 of this Federal Act and containing the preliminary conclusion of the investigating authority, a decision is taken on the application of the countervailing measure by the introduction of a preliminary compensation. for up to four months to prevent damage to the industry The Russian economy is being caused by subsidized imports during the period of the investigation. The decision to impose a provisional countervailing duty cannot be made earlier than sixty calendar days from the day of the investigation. 2. The preliminary countervailing duty is introduced in the amount equal to the precomputed value of the grant. 3. A preliminary countervailing duty is levied by the Customs authorities on the rules established by the Customs legislation of the Russian Federation with regard to the collection of import duties. (...) (...) N 26-FZ) The amounts of the provisional countervailing duty are not transferred to the federal budget prior to the adoption of the results of an investigation conducted in accordance with articles 26 to 28 and 30 of this Federal Law, Final decision on the application of the compensatory measure. Following the adoption by the Government of the Russian Federation of a final decision on the provisional countervailing duty, the provisions of article 14, paragraphs 3 to 6, of this Federal Act shall apply in the light of the respective differences. 4. The application of the prior countervailing duty follows the provisions of article 23 of this Federal Act. Article 22. Acceptance of obligations by a subsidised foreign State (union of foreign states) or exporter of goods that is the object of the investigation 1. The investigation may be suspended or terminated by the investigating authority, without the introduction of a prior or final countervailing duty, when the Government of the Russian Federation takes the decision to approve the received by a body in writing voluntarily entered into by a foreign State (a union of foreign States) or an exporter of obligations under which: the foreign State (the union of foreign States) from which it is exported The goods that are the subject of the investigation agree to cancel or reduce subsidies or take other appropriate measures to eliminate the effects of subsidies; the exporter of the goods subject to the investigation agrees to reconsider their prices of the product (under The presence of the exporter's affiliated exporters in the Russian Federation to provide support for the exporters of its obligations to revise prices in such a way that, as a result of the analysis of the obligations assumed by the exporter. investigation, concludes that the adoption of such obligations The adverse effects of subsidized imports will be adversely affected. The price level of the goods under investigation under such obligations should not be higher than it is necessary to neutralize the effect of a subsidy from a foreign state (union of foreign states) on the branch of the Russian economy. The increase in the price of the goods subject to investigation may be lower than the amount of the subsidy if such increase is sufficient to repair the damage to the Russian economy. 2. The Government of the Russian Federation shall not take a decision on the approval of the obligations set out in part 1 of this article until such time as the investigating body concludes with a prior positive conclusion on the existence of a grant of the Russian economy. The Government of the Russian Federation shall not take a decision on the approval of the obligation of the exporter of the goods subject to the investigation unless the consent of the foreign State (union of foreign States) is obtained. Exports of such goods are exported by exporters of obligations referred to in paragraph 3 of Part 1 of this Article. 3. The Government of the Russian Federation shall not take a decision on the approval of the obligations set out in part 1 of this article if the investigating body concludes that the approval of such obligations is inadmissible for a large number of cases. actual or potential exporters of the goods subject to investigation or for reasons related to the interests of public policy. In such a case, the investigating authority informs the exporters of the reasons why the Government of the Russian Federation's decision to approve the obligations of these exporters was deemed unacceptable and gives exporters an opportunity to comment on the inadmissibility of a decision by the Government of the Russian Federation to approve their obligations. 4. The authority conducting the investigation shall send to each exporter and to the authorized body of the foreign State (the union of foreign States) which have accepted the obligations set out in Part 1 of this Article, the request for surrender The non-confidential version of such obligations, so as to be able to provide it to the persons concerned. 5. The investigating body may propose the adoption of the obligations set out in part 1 of this article, but shall not require them to be adopted. 6. If the Government of the Russian Federation has decided to approve the obligations set out in Part 1 of this article, the investigation into the availability of subsidized imports and the resulting damage to the Russian economy may be made by the Government of the Russian Federation. continued at the request of a foreign State (union of foreign States) from which the goods being investigated are exported, or on the basis of a decision of the Government of the Russian Federation. If the investigation results in a final conclusion about the absence of subsidized imports or the resulting damage to the Russian economy, the foreign state (the union of foreign States) or the exporters, The accepted obligations referred to in part 1 of this article shall be exempt from these obligations unless the conclusion reached is to a large extent the result of the existence of such obligations. In such a case, the Government of the Russian Federation may decide that the obligations set out in Part 1 of this Article shall remain in force for the necessary period. In the event that an investigation carried out in accordance with articles 26 to 28 and 30 of this Federal Act results in a body conducting the investigation, it is concluded that there is a subsidized import and the resulting damage to the industry The obligations set out in Part 1 of this Article shall continue to operate in accordance with the terms of such obligations. 7. The authority conducting the inquiry shall be entitled to request from a foreign State (a union of foreign States) or an exporter if the obligations referred to in part 1 of this article have been approved by the Government of the Russian Federation, The Conference of the Parties, Failure to provide the requested information is considered to be a breach by a foreign State (a union of foreign States) or an exporter of accepted obligations. 8. In the event that a foreign State (a union of foreign States) or an exporter violates or disclaims the commitments made in part 1 of this article, the Government of the Russian Federation shall decide on the application of compensation. Measures by means of a prior countervailing duty if the investigation has not yet been completed or the final countervailing duty if the final results of the investigation indicate the existence of the grounds set out in article 18 of this Federal Law. In the case of a breach by a foreign State (union of foreign States) or an exporter of the obligations referred to in part 1 of this article, the foreign State (s) (the union of foreign States) or the exporter shall be granted The opportunity to comment on such a violation. 9. In conclusion, the authority conducting the investigation, on the basis of which the Government of the Russian Federation approves the obligations referred to in part 1 of this article, shall determine the rate of provisional countervailing duty or Final countervailing duty, which may be imposed in accordance with the provisions of Part 8 of this Article. Article 23. Introduction and application of countervailing duty 1. The countervailing duty is applied after the foreign State (the Union of foreign States), which provides a specific grant, has been requested to hold consultations. The countervailing duty is applied in the event that the said foreign State (the union of foreign States) renounced the proposed consultations or, in the course of such consultations, no mutually acceptable solution had been reached. The decision on the imposition of a countervailing duty may be made during the period of the specific grant of a foreign state (union of foreign states). 2. The countervailing duty is applied to the goods which are supplied by all exporters and is the subject of subsidized imports, which is detrimental to the Russian economy, except for the goods supplied by the exporters, The obligations of which were approved by the Government of the Russian Federation in accordance with the provisions of article 22 of this Federal Act. 3. The countervailing duty rate should not exceed the amount of the specific grant of a foreign State (union of foreign States) calculated per unit of subsidized and exported goods. In the event that the grants are awarded in accordance with the various programmes, their aggregate size shall be taken into account. The countervailing duty rate may be lower than the specific subsidy of a foreign state (union of foreign states) if such a rate is sufficient to repair the damage to the Russian economy. In determining the countervailing duty rate, account shall be taken of the views of Russian consumers who may have an impact on the economic interests of the Russian consumers in writing to the investigating authority. countervailing duty. Article 24. Duration and revision of the compensation measure 1. The compensatory measure shall be applied to the decision of the Government of the Russian Federation in the amount and within the time required to remove the damage to the Russian economy as a result of subsidized imports. 2. The period of compensation shall not exceed five years from the start of the measure or from the date of the completion of the reinvestigation, which was carried out in connection with the changed circumstances, and at the same time related to the analysis of subsidized imports and related damage to the Russian economy or to the expiry of the compensatory measure. 3. The decision to extend the compensatory measure shall be taken by the Government of the Russian Federation on the basis of the report submitted by the investigating body on the outcome of the reinvestigation of the expiry date. compensation measure. Such re-examination shall be conducted by the investigating authority on the basis of a written application filed in accordance with the provisions of article 25 of this Federal Act or on the initiative of the investigating authority. A reinvestigation of the expiry of the compensatory measure shall be subject to the existence of an application filed in accordance with the provisions of article 25 of this Federal Act or upon receipt by the body conducting the countervailing measure. Investigations, information on the possibility of continuation or resumption of subsidized import and damage to the Russian economy in the event of the termination of the countervailing measure. A reinvestigation statement for the purpose of extending the compensatory measure shall be filed not later than six months before the expiry of the compensatory measure. When establishing the possibility of continuation or renewal of subsidized imports and damage to the Russian economy if the countervailing measure is terminated, the investigating body shall take into account all available measures. Factor. Such factors include at least one of the following factors: retention of subsidies, including the retention of benefits from previous subsidies, and damage to the Russian economy; The link between the elimination of damage to the Russian economy and the application of a compensatory measure wholly or partly; the existence of such a situation by foreign producers and (or) such condition of the markets of the goods that may result in the resumption of subsidized import and damage branches of the Russian economy. The need to recalculates the amount of the grant per unit of goods and the amount of the countervailing duty in the reinvestigation of the expiry of the compensatory measure shall be determined by the investigating authority, Information available to him or her. A reinvestigation of the expiry of the compensatory measure should be completed within twelve months from the date of commencement. The Government of the Russian Federation shall extend the application of the countervailing measure until such re-investigation is completed. In the event that such reinvestigation has established that there is no justification for the countervailing measure, the amount of the countervailing duty imposed over the period of time to which the compensatory measure has been extended, are to be returned to the payer in accordance with the procedure established by the customs legislation of the Russian Federation for the return of customs payments. 4. Upon the initiative of the investigating authority or at the request of the person concerned (in the event that, after the introduction of the countervailing measure, a period of not less than a year has elapsed), a reinvestigation may be conducted to determine the need Continued application of the compensatory measure and (or) its revision due to changed circumstances. Depending on the purpose of the application for the said reinvestigation, the statement must contain evidence that due to changed circumstances: continued application Countervailing measure is not required to counter subsidized imports and to repair the damage to the Russian economy as a result of subsidized imports; the existing compensation measure exceeds the sufficient amount for Countermeasures to subsidized import and damage to the Russian economy As a result of subsidized imports, the size of such measure; the existing compensatory measure is not sufficient to counteract subsidized imports and eliminate the damage to the Russian economy as a result of subsidized imports. The reinvestigation of the changed circumstances should be completed within twelve months of the start of the investigation. 5. The provisions of articles 26 to 28 and 30 of the present Federal Act relating to the presentation of evidence relating to the investigation and the conduct of an investigation shall apply to the re-investigation of the relevant articles of the Covenant, taking into account the relevant provisions of this article. differences. 6. The provisions of this article shall apply to the obligations assumed by a foreign State (a union of foreign States) or an exporter under article 22 of this Federal Act, subject to appropriate differences. (Article as amended by Federal Law of 30.12.2006) N 280-FZ) Chapter 5: Investigations Article 25. Reason for investigation 1. The investigation referred to in article 3, paragraph 1, of this Federal Act, in order to determine the existence of an increased import and the resulting serious damage to the Russian economy or the threat of serious damage to the Russian industry The economy, as well as for the purpose of establishing the existence of import or subsidized imports and the resulting damage to the Russian economy, is carried out by the investigating authority, on the basis of a written application filed in in accordance with the provisions of this article or on their own initiative the investigating authority. 2. The application referred to in Part 1 of this Article shall be filed by: Russian manufacturer of the directly competing product (when applying for a special protective measure) or similar goods (when applying for application of the anti-dumping measure or countervailing measure); by the association of Russian producers, the majority of which is directly competing (when applying for a special protective measure) or similar product (when applying for anti-dumping " Measures or countervailing measure); uniting Russian manufacturers, which includes more than fifty percent of the total output of the Russian Federation directly competing (with The application of a special protective measure) or of a similar item (when applying for an anti-dumping or countervailing measure). The statement referred to in Part 1 of this Article may also be made by the representatives of these persons who are duly completed in accordance with civil law. (Paragraph is supplemented by Federal Law of 30.12.2006. N 280-FZ 3. The statement referred to in Part 1 of this article shall be accompanied by proof of support for such a declaration by Russian producers of the directly competing goods or similar goods. Adequate proof of support for such a statement is recognized: instruments of accession to the statement of other Russian producers of the directly competing goods producing with the applicant more than Fifty per cent of the total production of directly competing goods in the Russian Federation (when applying for a special protective measure); proof that the share of production of similar goods by Russian producers (including the applicant), which expressed support for the declaration, is not less than twenty-five per cent of the total production of similar goods in the Russian Federation, provided that the volume of production of similar goods by Russian producers (in The number of applicants who have expressed support for the claim amounts to more than 50 per cent of the volume of production of similar goods by Russian producers who have expressed their opinion (support or dissent) regarding the application (in the case of The application of an anti-dumping or countervailing measure). 4. The declaration referred to in Part 1 of this Article shall contain: details of the applicant, the quantity and value of the direct competitive product (when applying for a special application) a protective measure) or similar goods (when applying for an anti-dumping, or countervailing measure) by the Russian economy in the preceding period, as well as on the volume of production in terms of quantity and value of direct competitive goods (when applying for of a special protective measure) or similar goods (when applying for an anti-dumping or countervailing measure) by Russian producers who supported the application and their share in the total production in the Russian Federation directly competing product (when applying for a special safeguard measure) and a similar product (when applying for an anti-dumping measure or countervailing measure); description of the import OF THE PRESIDENT OF THE RUSSIAN FEDERATION Establish a special protective measure, an anti-dumping, or countervailing measure, with the indication of the code of the commodity nomenclature of foreign economic activity applicable in the Russian Federation, the name of the country or countries of origin or departure of this goods on the basis of the customs statistics of foreign trade of the Russian Federation, information about well-known foreign manufacturers and (or) exporters of the goods, of the well-known Russian importers of this commodity, as well as about the major consumers of this product; (In the Federal Law of 30.12.2006) N 280-FZ ) details of the change in the volume of imports into the customs territory of the Russian Federation in the preceding period of the goods for which a special protective measure is proposed, an anti-dumping measure or Countervailing measure; details of the change in the volume of exports of a directly competing product (when applying for a special safeguard measure) or similar goods (when applying for an anti-dumping measure) or countervailing measure) from the customs territory of the Russian Federation the preceding period. 5. In addition to the provisions set forth in paragraph 4 of this article, depending on the applicant's request, the applicant shall state: evidence of the increased import of the goods for which a special purpose is proposed. A protective measure, evidence of serious damage to the Russian economy or the threat of serious damage to the Russian economy resulting from the increased imports of goods for which special protection is proposed. the proposal to introduce a special protective measure with an indication of the size and The period of validity of such measure, the plan of measures to adapt the Russian economy to work in foreign competition during the period of validity of the special protective measure proposed by the applicant (in the application for special protection) measures); details of the existence of the dumping of imports of the goods against whom it is proposed to introduce an anti-dumping measure, evidence of damage to the Russian economy's industry as a result of the dumping of imports of the goods in respect of which the introduction of an anti-dumping measure, a proposal for an introduction Anti-dumping measures indicating the size and duration of such measure (in the application of anti-dumping measures); information on the existence of a and nature of a specific grant from a foreign State (union of foreign countries) ) and, if possible, of its size, evidence of damage to the branch of the Russian economy as a result of the subsidized import of the goods for which a countervailing measure is proposed, the proposal for a countervailing measure with of the scope and duration of such measure (in the application compensation measure). (In the wording of Federal Law of 30.12.2006) N 280-FZ ) Evidence of serious damage or threat of serious damage to the Russian economy (if an application for investigation before the application was made) " Evidence of material damage or threat of material damage to the branch of the Russian economy or a significant slowdown in the establishment of the branch of the Russian economy caused by dumped imports, or subsidized imports (in the case of an application for an investigation, The previous application of the anti-dumping or countervailing measure) is based on objective factors that characterize the economic situation of the Russian economy and can be expressed in quantitative terms (including: production volume and volume of its sale, share of goods in the market of the Russian Federation, cost of production of goods, price of goods, data on loading of production capacities, productivity, profit margins, profitability production and sale of goods, the volume of investments in the Russian industry Economics). (Paragraph is supplemented by Federal Law of 30.12.2006. N 280-FZ) 6. The date of submission of the declaration referred to in paragraph 1 of this article shall be deemed to be the day of the application to the investigating authority. 7. In order to make the declaration referred to in part 1 of this article the monetary unit established for the customs statistics of the foreign trade of the Russian Federation shall be used for the purposes of comparability. 8. The information contained in the statement referred to in Part 1 of this Article shall be certified by the leaders of the Russian manufacturers providing such information, as well as their employees responsible for accounting and accounting. Reporting, in terms of information directly relevant to the producers. 9. The application referred to in Part 1 of this Article, with the application of its non-confidential version (if the application contains confidential information) is submitted to the investigating authority in Russian and is subject to registration on the day of the application Application to the said body. 10. The declaration referred to in part 1 of this article, on the application of a special protective measure, an anti-dumping measure or a countervailing measure, shall be rejected on the following grounds: 3, 4 and 5 of this article; Unreliability of the materials provided by the applicant provided for in parts 3, 4 and 5 of this article. The application is not allowed to be rejected on other grounds. 11. The authority conducting the investigation shall, prior to the initiation of an investigation, notify the authorized body of the foreign State (of the union of foreign States) from which the goods may become the subject of the investigation shall be notified in writing of the application of an anti-dumping or countervailing measure. 12. The investigative body shall, with a view to deciding whether to initiate an investigation within thirty calendar days of the registration of the declaration referred to in Part 1 of this article, shall examine the sufficiency and accuracy of the evidence and evidence, in accordance with the provisions of Parts 3, 4 and 5 of this article. The time limit may be extended if it is necessary for the investigating authority to obtain additional information from the applicant, but in all cases shall not exceed sixty calendar days. 13. The application referred to in part 1 of this article may be withdrawn by the applicant before or during the commencement of the investigation. In the event that the declaration referred to in part 1 of this article is withdrawn prior to the commencement of the investigation, such declaration shall be deemed inappropriate. In the event that the declaration referred to in part 1 of this article is withdrawn during an investigation, it shall be terminated without the adoption of a special safeguard measure, an anti-dumping, or countervailing measure. 14. Before a decision is taken to initiate an investigation, the information contained in the statement referred to in part 1 of this article shall not be disclosed to the public. Article 26. Initiating the investigation and conducting it 1. The investigative body shall, before the expiry of the period referred to in article 25, paragraph 12, of this Federal Act, decide whether or not to initiate an investigation. When deciding not to conduct an investigation, the investigating authority shall notify the petitioner in writing within a period of not more than ten calendar days from the date of its adoption of the decision not to conduct the investigation. investigation. When deciding on the commencement of an investigation, the investigating authority shall notify the authorized body of the foreign State (of the union of foreign States) from which the goods are exported from which the goods are exported. Investigations, as well as other known stakeholders, of the decision and ensure that no more than five working days are available from the date of the decision to initiate an investigation to the publication of the notification of the commencement of the investigation, in accordance with part of the decision Article 35 (1) of this Federal Act. The day of the publication of the notice of initiation of the investigation is recognized as the day of the investigation. 2. The authority conducting the investigation may decide to initiate an investigation, including on its own initiative, only if there is evidence of increased imports and the resulting serious " Damage to the Russian economy or the threat of serious damage to the Russian economy, or the existence of dumped imports or subsidized imports and the resulting damage to the Russian economy. If such evidence is not sufficient to conduct an investigation, such an investigation cannot be initiated. (In the wording of Federal Law of 30.12.2006) N 280-FZ) 2-1. Following the decision to launch an investigation, the investigating authority sends a direct competitive goods to the Russian producers known to it (in the case of an investigation prior to the use of the special protective equipment). measures) or similar goods (in the case of an investigation prior to the application of an anti-dumping measure or countervailing measure), the list of issues to which they are required to answer for the purpose of conducting an investigation. Russian producers of direct competitive goods (in the case of an investigation prior to the use of a special protective measure) or similar goods (in the case of an investigation, The previous application of the anti-dumping measure or countervailing measure) to which the list of issues was transmitted shall be provided for thirty calendar days from the date of receipt of such a list for the submission of their replies to the body conducting the anti-dumping measures. investigation. Based on a reasoned and written request from Russian producers of a direct competitive product (in the case of an investigation prior to the application of a special protective measure) or similar goods (in the case of The period may be extended by the investigating authority, but not more than ten calendar days, by an investigation prior to the application of the anti-dumping or countervailing measure. For the purposes of this article, the list of issues is considered to be received by the Russian manufacturer in seven calendar days from the date of its dispatch or from the date of its transfer directly to the representative of the Russian Government. by the manufacturer. (Part added-Federal Law of 30.12.2006 N 280-FZ 3. The persons concerned may declare their intention to participate in the investigation in writing. These persons shall be recognized as participants in the investigation from the date of submission of the application to the investigating authority and shall have all the rights conferred on them by this Federal Law. The participants of the investigation are entitled to present the information required for the purposes of the investigation, including the confidential information, indicating the source of receipt, no later than the day specified in the notification of the commencement of the investigation information. The investigating authority may request an investigation into the submission of additional information. Additional information may not be taken into account in the event that they have been submitted after thirty calendar days from the date of receipt of the request. The investigating authority shall provide the participants in the investigation with copies of the declaration referred to in article 25, paragraph 1, of this Federal Act or its non-confidential version (if the application is confidential information). The Authority conducting the investigation, bearing in mind the need to protect confidential information in accordance with article 32 of this Federal Law, shall provide the participants with an investigation upon their request in writing, Written by any interested person as evidence relating to the subject matter of the investigation. The investigating body shall provide the investigating authorities with an opportunity to examine other relevant investigations and their use during the investigation, but not being confidential, in accordance with Part 1 of the Convention. of article 32 of this Act. 4. Consumers of the product of the investigation of the goods, if they use the goods in the production of goods, representatives of public associations of consumers, bodies of state power, bodies of local self-government, as well as other persons are entitled to provide information that is relevant to the investigation. 5. Evidence and information relating to the investigation should be submitted to the investigating authority in Russian, and the original documents in the foreign language must be translated into Russian with Certificate of the translation. 6. In the event that the person concerned denies the authority conducting the investigation in the provision of the information necessary for the purpose of the investigation, or shall not provide such information within the time limit set out in part 3 of this article, The preliminary and final conclusions of the investigation could be made by the investigating authority, on the basis of the information available to it. 7. Federal executive branch, the federal executive body, the federal executive authority, other federal executive bodies and the executive branch of the executive branch The authorities of the constituent entities of the Russian Federation should assist in the investigation and provide, at the request of the investigative body, the necessary information for the investigation, including those containing confidential information. Information. 8. If, within two years immediately preceding the day of investigation, one Russian manufacturer, supporting the declaration referred to in article 25 (1) of this Federal Law, has more than Thirty-five per cent of the production in the Russian Federation of a competing product (when an investigation preceding the application of a special safeguard) or a similar item (in the case of an investigation preceding the application) the application of an anti-dumping or countervailing measure), or if The total volume of imports of the goods under investigation is less than twenty-five per cent of the total delivery of the goods and the directly competing product (prior to the investigation of a special protective measure) or of the goods and similar goods (in the case of an investigation preceding the application of an anti-dumping or countervailing measure) in the Russian Federation market, the investigating authority receives the opinion of the Federal Executive in the area of antitrust Policy on the effects of special protection measures, anti-dumping or countervailing measures on the market of the Russian Federation. This opinion should be submitted by the Federal Executive Antimonopoly policy in the investigating authority within thirty calendar days of the request of the investigating authority. This request shall be accompanied by the material referred to in article 25, parts 4 and 5, of this Federal Act. (In the wording of Federal Law of 30.12.2006) N 280-FZ) 9. The duration of the investigation shall not exceed: nine months from the date of the commencement of the investigation on the basis of the application of a special protective measure. This period may be extended by the investigating authority, but not for more than three months; (as amended by the Federal Act of 30 December 2006). N 280-FZ) 12 months from the day of the investigation on the basis of an application for an anti-dumping or countervailing measure. This period may be extended by the investigating authority but not for more than six months. In the case of the introduction of a provisional special duty, provisional anti-dumping duty or provisional countervailing duty, the investigation must be completed before the expiry of the relevant preliminary duties. The investigation is considered completed on the day of the investigation report to the Government of the Russian Federation on the results of the investigation conducted by that body. 10. The investigation should not prevent the customs clearance of the goods under investigation. 11. In case the number of Russian producers of direct competing goods or similar goods is so large that the applicant is unable to provide evidence of support for article 25, paragraph 1, of this Federal Act The complainant has the right to apply to the investigating authority to request that the investigation be initiated by the said authority on his own initiative. Article 27. Public hearings 1. On the basis of a written application submitted within the time limit established in accordance with this Federal Act, a request in writing by any of the participants in the investigation shall be made by the investigating authority to hold public hearings. 2. The investigative body shall, within five calendar days of the receipt of the application referred to in part 1 of this article, shall be obliged to notify the investigating authorities of the time and place of the public hearing, as well as the list. matters dealt with in the course of the public hearings. The time of public hearings shall be set not earlier than fifteen calendar days from the date of notification. 3. The public hearing is entitled to take part in the investigation or by their representatives, as well as the persons involved in the investigation, in order to provide the information they have with respect to the investigation. In public hearings, the participants in the investigation may present their views and provide evidence relevant to the investigation. The representative of the investigating authority may ask the present questions concerning the substance of the facts reported by them. The participants also have the right to ask each other questions and are obliged to answer them. Members of public hearings are not obliged to disclose information recognized confidential under article 32 of this Federal Law. 4. The information provided during public hearings orally shall be taken into account during the investigation if, within fifteen calendar days after the public hearing, they were provided by the participants in the investigation in writing In accordance with the requirements of article 26, paragraph 5, of this Federal Act. Written information may contain confidential information. Article 28. Conduct an investigation preceding the application of the anti-dumping measure or compensation measure 1. Following the decision to initiate an investigation, the investigating authority sends the list of issues to which the investigation is known to foreign exporters and/or to the manufacturers of the goods under investigation The investigation is ongoing. Foreign exporters and (or) manufacturers of goods subject to the list of issues to be investigated shall be provided thirty calendar days from the date of receipt of such a list for To submit their replies to the investigating body. On the basis of a reasoned and written request from foreign exporters and (or) producers of the goods subject to investigation, the period may be extended by the investigating authority but not more than ten times. Calendar days. For the purposes of this article, the list of issues shall be deemed to have been received by the foreign exporter and (or) the manufacturer, seven calendar days from the date of its dispatch or from the date of its transfer directly to the representative of the foreign the exporter and/or the manufacturer. Replies to the list of issues are considered to be received by the investigating authority, if they have entered the designated authority no later than seven calendar days from the date of expiry of the second part of this paragraph 30-day period or from the day of the expiry of the extension. 2. In order to verify the information provided during the investigation or to obtain additional information relating to the investigation, the investigating authority may conduct an investigation in the territory of a foreign State on condition that obtaining the consent of the relevant foreign exporter or producer of the goods subject to the investigation, and subject to prior notification to the representatives of the Government of the foreign State concerned; and the absence of an objection by that State to the To conduct an investigation into its territory. 3. In order to verify the information provided during the investigation or to obtain additional information related to the investigation, the investigating authority is entitled to send representatives to the location of the Russian importers goods that are the subject of an investigation or of Russian producers of similar goods, hold consultations and negotiations with the persons concerned, consult the specimen of the goods subject to the investigation and take other measures necessary for the conduct of the investigation OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4. The investigative body, prior to the submission to the Government of the Russian Federation of a report containing proposals prepared taking into account the final results of the investigation, sends an advance notice to the participants in the investigation The non-confidential version of this report, and also ensures that it is posted on the official website of the investigating authority in the Internet and telecommunications network so that the participants in the investigation can protect their interests. (In the wording of the federal laws of 30.12.2006, N 280-FZ; of 11.07.2011 N 200-FZ) Article 29. Features of the investigation, prior to the application of the anti-dumping measure , 1. On the basis of a written request by the participants in the investigation, the investigating authority decides to conduct negotiations between the investigating participants who have opposing points of view on the subject matter of the investigation The date and venue of such negotiations and shall notify the participants of the investigation at least fifteen calendar days before the appointed day. The members of the investigation are entitled to present their views and submit their evidence relating to the investigation. In so doing, the participants in the investigation are not obliged to disclose information recognized confidential under article 32 of this Federal Law. Representatives of the investigating authority may participate in the said negotiations. 2. The authority conducting the investigation shall, as a rule, determine an individual dumping margin with respect to each known foreign exporter and (or) the manufacturer of the goods subject to the investigation. If the number of foreign exporters, foreign producers, Russian importers of goods subject to investigation, or the number of items in the investigation is so large that it is possible to determine an individual dumping margin is almost impossible, the investigating authority may use a restriction on the determination of individual dumping margins on the basis of an acceptable number of interested persons or goods on the basis of statistics available to it at the time of the analysis, or from The largest share of exports of goods from a foreign State. For the purposes of this part, the choice of foreign exporters, foreign producers, Russian importers of the goods subject to investigation, or the choice of the types of goods that are the subject of the investigation, is carried out by agreed with the relevant exporters, manufacturers, importers. If the investigating authority uses the restriction in accordance with the provisions of this Part, it shall also determine an individual dumping margin with respect to each foreign exporter or foreign exchange. The manufacturer, who was initially not selected, provided the necessary information in the time frame for their consideration during the investigation. 3. The authority conducting the investigation shall determine a single dumping margin for all known foreign exporters or foreign producers of the goods subject to investigation if the number of foreign exporters, or The foreign producers of this product are so large that it would be virtually impossible to determine an individual dumping margin and would have prevented the timely completion of the investigation and in the case referred to in article 12, paragraph 3, of this Federal of the law. 4. In the event that multiple investigations are carried out simultaneously with regard to the dumping of the same goods from several foreign States, such investigations may be combined by the investigating body in one case. investigation, provided that the dumping margin as defined in relation to the dumping of this goods from each foreign State will be larger than the minimum allowable dumping margin, and the amount of dumped imports of this product from each of a foreign State will not be insignificant in the light of the provisions of the paragraph The second part of paragraph 5 of this article. 5. The investigation ceases if the investigating body determines that the dumping margin is less than the minimum dumping margin of dumping, or the amount of the import that has occurred or may be dumped The damage to the Russian economy is insignificant. The amount of dumped imports from a certain foreign State is insignificant if the volume of such imports is less than three per cent of the total amount of imports of similar goods to the customs territory of the Russian Federation The Federation, provided that foreign States, each of which imports less than three per cent of the total amount of imports of similar goods into the customs territory of the Russian Federation, together No more than 7 per cent of total imports of similar goods OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 30. Features of the investigation, prior application of the countervailing measure 1. The investigation ceases if the investigating body determines that the amount of the specific grant of a foreign state (union of foreign states) is the minimum or the volume of the event or possible subsidized import The size of the damage caused by such imports of the Russian economy is insignificant. For the purposes of this Part: The size of a specific subsidy of a foreign state (union of foreign states) is recognized as minimal if it is less than 1 per cent of the value of the commodity; the volume of subsidized imports is considered to be negligible if it is in accordance with the provisions laid down in paragraph 2 of article 29, paragraph 2, of this Federal Act. 2. The investigation of a commodity that is subject to subsidized imports from a developing country and a user of the national system of preferences of the Russian Federation shall be terminated if the investigating authority, establish that the total size of the specific subsidies of a foreign State (union of foreign States) granted in respect of the goods does not exceed two per cent of its value per unit of goods or the proportion of the goods imported from of such a country in the total import of the goods into the customs territory The Russian Federation does not exceed four per cent, provided that the total share of imports into the customs territory of the Russian Federation from developing countries, each of which is not more than four per cent, is total " The volume of imports of this goods to the customs territory of the Russian Federation does not exceed 9% of the total volume of imports of this goods to the customs territory of the Russian Federation. Article 31. Interested persons in investigation 1. Interested parties in conducting the investigation may be: Russian producer of the competing product, the association of Russian producers, the majority of which are producers directly competing goods, or the association of Russian producers, the participants of which produce more than fifty percent of the total volume of production in the Russian Federation of the direct competitive goods (at the time of submission) the application of a special protective measure); Russian manufacturer of similar goods, the association of Russian manufacturers, the majority of which are producers of a similar commodity, or the unification of Russian producers, the participants of which are carried out Production of more than fifty per cent of the total production in the Russian Federation of a similar commodity (when applying for an anti-dumping measure or countervailing measure); foreign exporter, foreign producer or a Russian importer of the goods that is the object investigations, the association of foreign persons, the majority of whose members are producers and/or exporters of the goods, the association of Russian legal entities, the majority of which are importers of the goods; Government of a foreign State and (or) authorized body of the country of origin or export of goods subject to investigation or authorized body of the Union of foreign States which includes the countries of origin or exports of this product; public associations consumers, if this product is the subject of a predominantly physical; consumer of the product that is the target of the investigation, if they use this product production and the association of such consumers. (Paragraph is supplemented by Federal Law of 30.12.2006. N 280-FZ) 2. The persons concerned, referred to in Part 1 of this article, shall act independently or through their representatives who are in accordance with the civil law of the Russian Federation in an appropriate manner. Credentials. In the event that an interested person is acting through an authorized representative during an investigation, the investigating authority shall inform the person concerned of the subject matter of the investigation only through that person. Representative. Article 32. Confidential 1. The information submitted by the person concerned to the investigating body shall be treated as confidential when the person submits the grounds indicating that the disclosure of such information will provide an advantage in the case of The conditions of competition for a third person would result in adverse consequences for the person who submitted the information or for the person to whom the information was obtained. Confidential information shall not be disclosed without the permission of the person concerned, except in cases provided for in federal laws. The authority conducting the investigation is entitled to request from the confidential information of the person concerned the presentation of its non-confidential version. A non-confidential version must contain sufficient information to understand the content of the confidential information provided. In cases where, in response to the request of the investigating authority to submit a non-confidential version of confidential information, the person concerned shall state that confidential information cannot be provided in this way, it is The person must provide proof of the impossibility of presenting the confidential information in this form. If the investigating authority determines that the reasons presented by the person concerned do not allow the information to be submitted to the confidential information, or the person who has not submitted the information The non-confidential version of the confidential information does not represent or justify the inability to submit confidential information in such a form or to provide information that is not a justification of the impossibility of the submission confidential information in this form, the investigating authority, may not take this information into account. 2. The investigative body shall be responsible for the disclosure of confidential information under the laws of the Russian Federation. Article 33. The peculiarities of the Russian economy's definition of the economy in the case of dumped imports or subsidized imports 1. In the case of an investigation preceding the imposition of an anti-dumping or countervailing measure, the branch of the Russian economy is understood to be the meaning given by article 2 of this Federal Law, except in the cases specified in Part 2. and 3 of this article. 2. In the event that Russian producers of similar goods are simultaneously importers of the goods that are suspected of dumping imports or subsidized imports, or are associated with the exporters or importers of such goods, Only the rest of the Russian producers of similar goods can understand the Russian economy. (In the wording of Federal Law of 30.12.2006) N 280-FZ 3. In determining the branch of the Russian economy, the territory of the Russian Federation may be regarded as a territory where two or more competing markets operate, and Russian producers within one of these markets can be regarded as a separate branch of the Russian economy if such producers are selling at least eighty per cent of the same goods in such a market, and the demand for such a market for similar goods is not satisfied in by Russian manufacturers of the goods in the rest of the territory of the Russian Federation. In such cases, the existence of damage caused by dumped imports or subsidized imports could be established even if the main part of the Russian economy was not damaged, provided that the sale of the goods subject to dumping Imports or subsidized imports, concentrated in one of these competing markets and dumped imports or subsidized imports cause at least eighty per cent of Russian producers of the same product within one such market. 4. In the event that the branch of the Russian economy is understood in the meaning of Part 3 of this article and an anti-dumping or countervailing measure is decided upon the results of the investigation, the measure may be applied to the OF THE PRESIDENT OF THE RUSSIAN FEDERATION In such a case, an anti-dumping duty or countervailing duty is imposed only after the exporter of the goods that was the subject of the investigation is given the opportunity to terminate exports to the territory of such goods at prices below its normal price (dumped imports) or at prices that deviate from the normal course of trade (subject to a subsidized import) or to accept the obligations referred to in article 15 (1) (dumping) or article 22 (1) (with subsidized imports) of this Federal Act, provided that such an opportunity Not used by exporters. 5. The relationship covered by this article is subject to the provisions of article 13, part 6 (dumping) or article 20, paragraph 6 (subject to subsidized import) of this Federal Act. Article 34. Consultations to establish the presence of a suspected specific subsidy of a foreign state (union of foreign states) 1. After accepting the application referred to in article 25 (1) of this Federal Law, and prior to the decision to initiate an investigation, the investigating authority may propose to the authorized organ of the foreign State (a union of foreign States) from which the goods are being exported for which a compensatory measure is proposed, to undertake consultations with a view to clarifying the situation with regard to the availability, size and consequences of an alleged of a foreign State (union of foreign States) States) and to achieve a mutually acceptable solution. Such consultations may also continue during the course of the investigation. 2. Consultation to clarify the existence, size and impact of an alleged specific subsidy of a foreign State (union of foreign States) does not preclude the adoption by the body conducting the The investigation, the decision to initiate an investigation, and the result of such an investigation by that body of the preliminary or final conclusion and adoption by the Government of the Russian Federation of a decision on the application of the countervailing measure. Article 35. Incoming decisions for inquiries 1. Notification of the initiation of an investigation should contain: description of the goods under investigation; name of the foreign state (union of foreign countries) from which the goods are exported A summary of the facts confirming the appropriateness of the decision to initiate an investigation (in the event of a decision to initiate an investigation on the basis of the application of a special protective measure); grounds for dumping imports (in Case of initiation of an investigation based on an application for an anti-dumping measure); grounds for determining the existence of a specific grant (if a decision is taken to initiate an investigation on the basis of an application for application of the countervailing measure); summary of facts proving the damage to the branch of the Russian economy (in the event of a decision to initiate an investigation on the basis of an application for an anti-dumping measure, or compensation measure); address where the persons concerned may submit their views and relevant information to the investigation in writing; time within which the persons concerned may submit their views in writing and relevant to the investigation; period during which the participants in the investigation may request a public hearing as provided for in article 27 of this Federal Law; time within which the participants in the investigation can apply for Negotiation of article 29, paragraph 1, of the Federal law. The time limits specified in the notification of the initiation of an investigation shall be determined by the investigating authority, in accordance with the provisions of this Federal Law, and shall be no less than thirty calendar days. 2. The investigating body shall ensure the publication of the notification of suspension, the termination of the investigation, as well as any decision concerning the imposition, application, review or lifting of an anti-dumping or countervailing measure. Such notifications shall be sent to the authorized body of the foreign State (the union of foreign States) from which the goods under investigation are exported and to other interested persons known to the authority conducting the investigation. investigation. 3. Notification of the provisional anti-dumping duty or provisional countervailing duty should include an explanation of the preliminary opinion of the investigating authority on the existence of a dumping import or dumping Import and consequential damage to the Russian economy, as well as the indication of facts and regulatory legal acts on the basis of which a decision was made to impose a preliminary anti-dumping duty or provisional countervailing duty. In addition, the notification should contain the following information: the name of the foreign exporter of the goods that is the subject of the investigation, or, if this data is not available, the name of a foreign state (the union of foreign states) from which the goods are exported to the Russian Federation; sufficient for the purposes of customs clearance of the description of the goods under investigation; size dumping margin and detailed description of reasons for selection methodologies for calculating and comparing the normal value of the goods and its export price; grounds for determining whether a subsidy is available and the calculated amount of the subsidy per unit of goods; Russia's economy; grounds for obtaining a positive opinion on the existence of dumped imports or subsidized imports and the resulting damage to the Russian economy. (Part of Federal Law dated 30.12.2006 N 280-FZ 4. According to the results of the investigation preceding the adoption of the special protective measure, the investigating authority, within a period of no more than ten calendar days from the day of completion of the investigation, shall ensure the publication of the notice c A description of the established facts, the law applied and the reasoned conclusions made by the said body on the basis of an analysis of the information available to it. (In the wording of Federal Law of 30.12.2006) N 280-FZ 5. Notification of the completion of the investigation, which resulted in the imposition of an anti-dumping duty or countervailing duty, or on the approval of the obligations set out in article 15 (1) (dumping) or article 22 (1) (subject to the subsidized import) of this Federal Law shall contain information on the established facts and the applicable legal rules, the grounds for the proposal to be made by the investigating body, the proposal for the establishment of the final Anti-dumping duty or final countervailing duty or approval The obligations set out in article 15 (1) (dumping) or article 22 (1) (subject to import subsidized) of this Federal Act, as well as an indication of the normative legal acts upon which the decision is to be taken The imposition of a final anti-dumping duty or final countervailing duty or the approval of such obligations, taking into account the need to protect confidential information. In addition, the notification shall contain: information specified in Part 3 of this Article; specifying reasons for acceptance or failure to investigate arguments and claims, by exporters and importers of the goods that were the subject of the investigation; guidance to the reasons for making decisions in accordance with article 29, parts 2 and 3, of this Federal Law. (Part of Federal Law dated 30.12.2006 N 280-FZ) 6. Notification of the termination or suspension of an investigation in connection with the approval of the obligations referred to in article 15 (1) (dumping) or article 22, paragraph 1 (subject to import subsidized) of this Federal Act shall include a non-confidential version of such obligations. 7. The provisions of this article, taking into account the respective differences, shall apply to notifications of the initiation and completion of reinvestigations carried out pursuant to articles 10, 17 and 24 of this Federal Law. 8. Notification of the initiation of investigation and other notification under this Chapter and Chapter 6 of this Federal Law shall be published in the Russian Gazette. Chapter 6. Final provisions Article 36. Judicial protection Economic disputes and other cases related to regulated by this Federal Act (including the challenge of non-normative legal acts, decisions and actions (omissions)) State bodies and officials) are reviewed by arbitral tribunals. (...) (...) N 143-FZ) Article 37. Non-application of a special protective measure, anti-dumping, countervailing measure 1. The Government of the Russian Federation, within fourteen calendar days of the registration of the investigation report submitted by the investigating body, may decide not to apply a special protective measure, The anti-dumping or countervailing measure provided for in this Federal Act, even if the application of such measures meets the criteria and procedures established by the provisions of this Federal Act. Such a decision may be taken if the application of such measures can cause damage to the Russian economy, the Russian economy in general, or the interests of a large number of consumers of goods, or otherwise The existence of State-relevant reasons. The decision on the non-application of a special safeguard measure, anti-dumping, or countervailing measure must be motivated. This solution can be reviewed if the underlying reasons for such a decision have changed. 2. The investigating body shall ensure the publication of a notice of non-use, in accordance with this article, of a special safeguard measure, anti-dumping, or countervailing measure. Such notification shall be sent to the authorized body of the foreign State (the union of foreign States) from which the goods under investigation are exported and to other interested persons known to the authority conducting the investigation. investigation. 3. Special protection measure, anti-dumping, and countervailing measure shall not apply if: in accordance with the Customs legislation of the Russian Federation, conditions of individual Customs regimes or customs procedures The goods are imported into the customs territory of the Russian Federation as free assistance (assistance) of the Russian Federation in accordance with the law. OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 38. The international treaties of the Russian Federation If an international treaty of the Russian Federation establishes rules other than those provided for by this Federal Act, the rules of the international treaty shall apply. Article 39. OF THE PRESIDENT OF THE RUSSIAN FEDERATION From the day of the entry into force of this Federal Law to be void: Article 12, paragraphs 2 and 5, article 18, paragraphs 1 and 3, of the Federal Law 2. After twelve months from the date of the entry into force of this Federal Act, shall be declared invalid: paragraphs 2, 3 and 6 of article 1, paragraphs 2 to 8, 11 to 25 of article 2, article 2 3-5, article 6, paragraphs 1 to 4, articles 7 to 11, 12, paragraphs 1, 3 and 4, 13 and 14, paragraphs 2, 4 to 14 of article 18, articles 19 to 23 of the Federal Law of 14 April 1998 "Measures to protect the economic interests of the Russian Federation" OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1798). Article 40. This Federal Law enters into force on the date of its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 8 December 2003 N 165-FZ