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 protective, antidumping and countervailing measures on the import of goods adopted by the State Duma November 18, 2003 the year approved by the Federation Council November 26, 2003 year (as amended by the federal laws from 18.02.2006 N 26-FZ;
from Dec 30, 280 N-FL; from 27.11.2010 N 200-FL;
from 04.06.2014 N 143-FZ), Chapter 1. General provisions Article 1. Purpose and scope of this federal law 1. The purpose of this federal law is to protect the economic interests of Russian producers of goods in response to increased imports, dumped imports or subsidized imports into the customs territory of the Russian Federation.
This federal law establishes the procedure for the introduction and implementation of special protective, anti-dumping and countervailing measures when importing goods.
2. this federal law shall apply to legal relationships arising in connection with investigations that precede the introduction of special protective, antidumping or compensatory measures when importing goods and statements which are registered after the entry into force of this federal law.
3. the present Federal law does not regulate the relations associated with the provision of services, performance of work, the transfer of exclusive rights on objects of intellectual property or the right to use intellectual property, investments and foreign exchange controls.
Article 2. The basic concepts used in the present Federal law for the purposes of this federal law uses the following concepts: 1) similar goods-the goods which are completely identical to the product that is or may be subject to investigation, or in the absence of such a product, another product which has characteristics similar to the characteristics of the goods, which is or may be subject to investigation;
2) anti-dumping duty-duty applied when imposing anti-dumping measures and will be charged by Customs authorities regardless of levying the import customs duties; (As amended by federal law from 18.02.2006 N 26-FZ) 3) anti-dumping measure-measure to counter dumping import, which is applied by the decision of the Government of the Russian Federation, through the imposition of anti-dumping duties, including provisional anti-dumping duty, or approval of the price of the commitments made by the exporter;
4) the dumping margin expressed as a percentage of the normal value of the goods excluding export prices of such goods to its export price;
5) dumped imports-import of goods into the customs territory of the Russian Federation at a price lower than the normal value of the goods;
6) import quota-restriction of import of the goods with respect to its quantity and (or) cost;
7) compensation fee-the fee that applies when imposing countervailing measures and will be charged by Customs authorities regardless of levying the import customs duties; (As amended by federal law from 18.02.2006 N 26-FZ) 8) compensatory measure-measure to neutralize the impact of specific grants of the foreign State (or Union of foreign States) on the sector of the Russian economy, applied by the decision of the Government of the Russian Federation, through the imposition of countervailing duty, including the provisional countervailing duty, or the endorsement of the commitments undertaken by the authorized body of the foreign State subsidized (Union of foreign States) or exporter;
9) material damage the Russian economy-industry confirmed evidence of the deterioration of the sector of the Russian economy, which has come as a result of the dumped imports and the subsidized imports and expressed, inter alia, a reduction in the volume of production of similar goods in the Russian Federation and of its placing on the market of the Russian Federation, reducing the profitability of production of such goods, the negative impact on inventories, employment, wages in this sector of the Russian economy , the level of investment in this sector of the Russian economy;
10) minimum dumping margin-dumping margin amounting to two per cent;
11) directly competing product-a product that is identical to the product that is or may be subject to investigation, or is comparable to the commodity which is or may become a subject of the investigation, according to the purpose, use, quality and technical characteristics as well as other major properties in such a way that the buyer replaces or is ready to replace him in the process of consumption of goods, which is or may be subject to investigation;
12) normal value of the goods is the price of similar goods in the ordinary course of trade;
13) the ordinary course of trade-buying and selling similar product on the market of a foreign State in which or from which the goods are exported, which is the subject of the investigation, at a price not lower than the weighted average cost of similar goods, based on the weighted average cost of production and the average trade, administrative and general expenses; (As amended by the Federal law of 30.12.2006 N 280-FZ) 14) sector of the Russian economy-all Russian manufacturers of similar goods (for the purposes of an investigation prior to the imposition of anti-dumping measures or countervailing measures) or directly competing product (for the purposes of an investigation prior to the introduction of special safeguard measures), or those whose share in the total production in the Russian Federation, respectively, similar goods or directly competing product is great;
15) preceding the period of three years that immediately precede the day of filing of which is grounds for an investigation of the application and for which statistics are available;
16) serious damage to the sector of the Russian economy-a significant deterioration of the productive, commercial and financial situation of the sector of the Russian economy, which has come as a result of increased imports and expressed as a general deterioration of production directly competing goods in the Russian Federation;
17) mitigating the special safeguard measure is the increase in import quotas or reduced special fee applied by the decision of the Government of the Russian Federation;
18) special duty-duty applied when imposing protective measures and will be charged by Customs authorities regardless of levying the import customs duties; (As amended by federal law from 18.02.2006 N 26-FZ) 19) special protective measure-a 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 imposition of import quotas or special duties, including provisional ad hoc duties;
20) specific foreign State grant (Union of foreign States)-grant access to restricted and which is provided by a particular producer and (or) the exporter, or specific Union (unite) producers and (or) Union (unite) exporter, or a particular industry or economy is aimed at promoting the export of goods or the import substitution goods;
21) subsidized imports-import of goods, production, export or transport which used specific foreign State grant (Union of foreign States), into the customs territory of the Russian Federation;

22) the grant of a foreign State (or Union of foreign States)-financial assistance, carried out directly by the Government or a public authority of a foreign State (or Union of foreign States) either through the non-governmental organization on behalf of the Government of a foreign State (or Union of foreign States), giving the recipient grants additional benefits and pressures within the territory of a foreign State (or Union of foreign States) in the form of a direct transfer of funds (including in the form of grants, loans , purchase of shares) or commitments on the transfer of such funds (including in the form of guarantees on loans); refraining from levying or not imposing payments that would have to come to the State (including through the provision of tax credits) except for the liberation of exported goods from taxes or duties levied on similar product intended for domestic consumption, or the return of such taxes or duties in size not in excess of the actual payments; grace or donating goods or services, except for goods or services intended for the maintenance and development of common infrastructure, i.e. infrastructure, not associated with a specific manufacturer and/or exporter; Grace purchase; other income support or pricing, if a direct or indirect result of this support is to increase the export of the goods from a foreign country (Union of foreign States) or reduction of import of the goods in a foreign State (the Union of foreign States);
23) threat to damage the Russian economy's industry-proven evidence of the inevitability of industry damage the Russian economy;
24) the threat of serious harm to the industry of the Russian economy is confirmed by evidence the inevitability of serious harm to the industry of the Russian economy;
25) export price-the price at which the goods are imported to the customs territory of the Russian Federation.
Article 3. Investigation 1. The introduction of special protective measures, anti-dumping measures or countervailing measures upon import of the goods must be preceded by an investigation carried out in accordance with the provisions of this federal law.
2. Investigation specified in subsection 1 of this article, shall be conducted in order to establish the existence of increased imports into the customs territory of the Russian Federation and the resulting serious harm Russian economy industry or threat of serious harm to the industry of the Russian economy, as well as to establish the existence of dumped imports or subsidized imports and the consequent material damage to the industry of the Russian economy, the threat of industry damage the Russian economy or significantly slowing the creation of branches of the Russian economy.
Article 4. Federal Executive body responsible for conducting investigations 1. Federal Executive body responsible for conducting investigations (hereinafter authority conducting investigation) is determined by the Government of the Russian Federation.
2. Specified in part 1 of this article presents the results of an investigation authority in the Government of the Russian Federation containing proposals on the feasibility of the imposition, implementation, revision or abolition of special safeguard measures, anti-dumping measures or countervailing measures, accompanied by a draft decision of the Government of the Russian Federation.
3. In cases stipulated by this federal law, as specified in part 2 of this article, the report may be submitted prior to the conclusion of the investigation.
Article 5. The decision on the results of the investigation, the Government of the Russian Federation within fourteen calendar days from the date of registration of the report, which is submitted to the authority conducting the investigation, and contains proposals on the feasibility of the imposition, implementation, revision or abolition of special safeguard measures, anti-dumping measures or countervailing measures, decides to impose, on application, on revising or abolishing measures either on its non-use in accordance with the provisions of article 37 of the present Federal law.
Chapter 2. Special protection measures Article 6. General principles for the application of special safeguard measures 1. A special protective measure can be applied to the goods if the investigation conducted by the investigating authority determined that the importation of the goods into the customs territory of the Russian Federation in such increased quantities (in absolute or relative terms to total production in the Russian Federation directly competing product) and under such conditions that causes serious damage to the Russian economy or industry poses a threat of serious harm to the sector of the Russian economy. (As amended by the Federal law of 30.12.2006 N 280-FZ)
2. Special protective measure shall be applied to goods imported into the customs territory of the Russian Federation, in accordance with paragraph 1 of this article, irrespective of the country of origin of the goods, except for goods coming from developing countries, enjoying national system of preferences of the Russian Federation, if the share of imports of this product from such a country does not exceed three per cent of the total imports of the goods in the customs territory of the Russian Federation provided that the total imports of the goods from developing countries, each of which account for no more than three per cent of the total imports of the goods in the customs territory of the Russian Federation does not exceed nine per cent of the total imports of the goods in the customs territory of the Russian Federation.
Article 7. Establishment of severe damage to the Russian economy industry or threat of serious harm to the industry of the Russian economy 1. In order to establish the serious harm the Russian economy industry or threat of serious harm to the industry of the Russian economy as a result of increased imports into the customs territory of the Russian Federation, the authority conducting the investigation, the investigation carried out in accordance with articles 26 and 27 of this federal law, estimates the objective factors, which can be expressed in quantitative terms and have an impact on the economic situation of the sector of the Russian economy, including rate and amount of growth: the import of the goods subject to 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 directly competing goods;
the price level of imported goods, which is the subject of the investigation, compared to the price directly competing goods produced in the Russian Federation;
change in the volumes of sale directly competing goods produced in the Russian Federation, in the market of the Russian Federation;
change in the volumes of production directly competing product, productivity, capacity utilization, profits and losses size, as well as the level of employment in the sector of the Russian economy;
the share of imported goods, which is the object of investigation, in the total amount of the sale on the market of the Russian Federation this product and directly competing goods.
2. Serious damage to the Russian economy, industry or threat of serious harm to the industry of the Russian economy due to the increased imports must be based on the results of the analysis of all the evidence and information related to the case and are available to the authority conducting the investigation.
Authority conducting the investigation, in addition to increased imports analyzes other known factors, which in the same period, the industry damage the Russian economy. The specified harm Russian economy industry should not be investigating body to damage the Russian economy sector as a result of increased imports into the customs territory of the Russian Federation.
Article 8. Introduction preliminary special fee

1. in the context of the critical situation in the sector of the Russian economy, if the delay in application of special protective measures would cause serious damage to the sector of the Russian economy, which would be difficult to remove later, the Government of the Russian Federation on the basis of the report submitted in accordance with article 4 hereof and containing a preliminary conclusion of the authority conducting the investigation for the establishment of a causal link between the increased imports into the customs territory of the Russian Federation and the serious damage to the Russian economy, industry or threat of serious harm to the sector of the Russian economy the decision on the application of special safeguard measures by imposing a provisional special fee provided simultaneous continue the investigation in order to obtain a final conclusion. (As amended by the Federal law of 30.12.2006 N 280-FZ)
2. the authority conducting the investigation, with the submission of the Government of the Russian Federation report specified in subsection 1 of this article, shall notify in writing the authorized body of the foreign State (or Union of foreign States), from which the exported goods, is the subject of the investigation, as well as other known interested parties on the possible introduction of provisional ad hoc duties. On request of the authorized body of the foreign State (or Union of foreign States) to hold consultations on the issue of provisional ad hoc duties such consultations should be initiated after the adoption of the Government of the Russian Federation, decisions to impose provisional special fee.
3. The period of validity of provisional special fee shall not exceed two hundred days.
4. Provisional special fee charged by the Customs authorities according to the rules established by the customs legislation of the Russian Federation concerning the levying of import customs duties. (As amended by federal law from 18.02.2006 N 26-FZ) of the amount of the provisional ad hoc duties not listed in the federal budget before the adoption of the investigation carried out in accordance with articles 26 and 27 of this federal law, the decision to apply protective measures.
5. If the investigation carried out in accordance with articles 26 and 27 of this federal law, revealed the existence of the grounds referred to in paragraph 1 of article 6 of this federal law, the amount of the provisional ad hoc duties listed in the federal budget.
6. If the investigation carried out in accordance with articles 26 and 27 of this federal law, it is established that there is no basis, referred to in paragraph 1 of article 6 of this federal law, the amount of the provisional special fee must be returned to the payer in the manner prescribed by the customs legislation of the Russian Federation for a refund of customs duties.
7. If the investigation carried out in accordance with articles 26 and 27 of this federal law, introduces import quota or special duty, the amount of the provisional ad hoc duties listed in the federal budget.
If the investigation carried out in accordance with articles 26 and 27 of this federal law, revealed the existence of the grounds referred to in paragraph 1 of article 6 hereof, and considered the introduction of lower rates of special duty, than the rate of the provisional duty, the difference between the special rate provisional special fee and rate a special fee shall be returned to the payer in the manner prescribed by the customs legislation of the Russian Federation for a refund of customs duties. The balance of the amounts of the provisional special fee is transferred to the federal budget.
If a special fee rate above provisional special fee rates, the difference between the rate of the special fee and rate the provisional special fee is not charged for the payer.
8. If the investigation carried out in accordance with articles 26 and 27 of this federal law, the decision on the application of special safeguard measures, the period of validity of provisional special fee is counted into the overall validity of the special protective measures.
Article 9. The application of special safeguard measures 1. A special protective measure applied by the decision of the Government of the Russian Federation in the amount and within the time that you must have to correct the severe damage to the sector of the Russian economy or threats of serious harm to the industry of the Russian economy and to facilitate the process of adaptation of the sector of the Russian economy to changing economic conditions.
2. If a special protective measure is applied through the imposition of import quotas, the level of such import quotas must not be lower than the average annual level (quantity or value terms) the volume of imports of goods, was under investigation in the previous period, except the need to establish smaller level import quotas to remedy serious injury sector of the Russian economy or threats of serious harm to the sector of the Russian economy.
3. the distribution of import quotas between foreign States (unions of foreign States), from which the exported goods, the subject of the investigation, foreign States (Union of foreign States) with interest in exporting the goods to the customs territory of the Russian Federation may be invited to hold consultations on the issue of distribution of import quotas.
If consultation on the allocation of import quotas is not possible or during those consultations had not agreed to such distribution, the import quota is shared between foreign States (unions of foreign States) have an interest in exporting the goods to the customs territory of the Russian Federation, which was the subject of the investigation, in the proportion that prevailed when importing this product from these foreign countries (unions of foreign States) in the previous period on the basis of the total imports of the goods in quantitative or monetary terms. If the percentage growth of imports of goods, was the subject of the investigation, from individual foreign States (unions of foreign States) increased disproportionately in relation to the total increase of imports of the product in the previous period, the Government of the Russian Federation may allocate import quota of such foreign States (unions of foreign States) in view of the absolute and relative indicators of growth of import of the goods on the customs territory of the Russian Federation from such foreign States (unions of foreign States).
4. Import of goods in respect of which the decision on the establishment of import quotas as special protective measures into the customs territory of the Russian Federation is carried out on the basis of a licence granted in accordance with the legislation of the Russian Federation to import goods which have quantitative restrictions.
Article 10. Validity and revision of special protective measures 1. The period of validity of special protective measures should not exceed four years, unless the extension of such measures in accordance with part 2 of this article.
2. the period of validity of the special protective measures, specified in part 1 of this article may be extended by the decision of the Government of the Russian Federation, if the results of the reinvestigation, conducted by the authority conducting the investigation, found that the remedy serious injury sector of the Russian economy or threats of serious harm to the industry of the Russian economy should be the extension of the special safeguard measures and there is evidence that the relevant sector of the Russian economy is being taken to facilitate the adaptation of the industry to changing economic conditions.
The Government of the Russian Federation in adopting a decision on the extension of the special safeguard measures, such a measure cannot be more restrictive than special protective measure in force on the day of adoption of the decision on the extension of the special protective measures.
3. If the period of validity of the special safeguard measure exceeds one year, the authority conducting the investigation, during the period of validity of the special protective measures the Government of the Russian Federation submits a report on the results of the application of this measure in order to determine the possibility of mitigating the special protective measures.
If the period of validity of the special safeguard measure exceeds three years, no later than at the expiration of the validity period of one second of this action by the authority conducting the investigation should reinvestigate the special protective measure can be maintained, reduced or canceled.

4. The total period of validity of the special protective measures, including the validity of the provisional special fee and the period for which extended the special protective measures shall not exceed eight years.
A special protective measure may not be reapplied to the goods to which the previously applied a special protective measure for a period equal to the duration of the first special protective measures. During this period, during which a special protective measure has not been applied, may not be less than two years.
A special protective measure, the validity of which is one hundred and eighty days or less, independently from the second paragraph of this part of the provisions may be applied to the same product, if not less than one year from the date of introduction of the preceding Special protective measures and special protective measure has not been applied to this product more than twice in the five years immediately preceding the day of the introduction of the new protective measures.
Chapter 3. Anti-dumping measures article 11. Grounds for application of anti-dumping measures anti-dumping measure may be applied to the goods to which the dumped imports, if the investigation carried out by the authority conducting the investigation, it was found that imports of such goods into the customs territory of the Russian Federation caused material damage to the sector of the Russian economy, poses a threat to damage the Russian economy or industry slows the creation of branches of the Russian economy.
Article 12. Determining whether dumped imports 1. This product is subject to dumped imports, if the export price of the goods below comparable prices of similar goods arising in the ordinary course of trade of such a similar product on the market of a foreign State from which the goods are exported.
2. In the absence of sales of similar goods in the ordinary course of trade on the market of a foreign State from which the goods are exported, which is the subject of the dumped imports, or if due to the low volume of sales of similar goods in the ordinary course of trade or because of the particular situation in the market of a foreign State from which the goods are exported, which is the subject of the dumped imports, it is impossible to conduct a proper comparison of the export price of the goods with the price of similar goods , export price this product is mapped to or from the comparable price of similar goods exported from a specified foreign country to a third country, provided that the price of similar goods is representative, or with the cost of production of the goods in the country of origin with the necessary administrative, trade and general expenses and profit.
Sales of similar goods in the ordinary course of trade on the market of a foreign State from which the goods are exported, which is the subject of the dumped imports, is seen as sufficient to determine the normal value of the goods if this amount is not less than five per cent of total exports of goods, which is the subject of the dumped imports, the customs territory of the Russian Federation from the given foreign State. Lower sales of similar goods in the ordinary course of trade is considered acceptable for determining the normal value of the goods if there is evidence that such amount is sufficient to ensure a proper comparison of the export price of the goods which are the subject of the dumped imports, with the price of similar goods in the ordinary course of trade.
Selling a similar product on the market for foreign State from which the goods are exported, which is the subject of the dumped imports, or from a specified foreign country to a third country at prices below production costs (constant or variable) on the unit, bearing in mind the administrative, commercial and general costs may be treated as not corresponding to the ordinary course of trade and is not taken into account in determining the normal value of the goods only If the authority conducting the investigation, determine that such a sale of similar goods shall be carried out for at least six months in large volume and at prices which do not provide reimbursement for all expenses during this period. If the price of similar goods, which at the time of its sale to below production costs per unit, taking into account the administrative, commercial and total cost exceeds the weighted average cost of production per unit of goods, taking into account the administrative, commercial and total costs during the period of investigation, such a price is seen as providing compensation for all costs for at least six months.
Sale of similar goods at prices below the cost of production per unit of goods, taking into account the administrative, commercial and total cost is considered to be carried out in large amounts if authority conducting the investigation, determines that the weighted average price of similar goods on the deals, to be considered in determining the normal value of the goods is below the weighted average per unit cost of production of the goods, taking into account the administrative, commercial and common costs and the volume of sales below per unit costs is not less than twenty percent of the sales volume of transactions held in determining the normal value of the goods.
Production costs per unit, taking into account the administrative, commercial and common costs are calculated on the basis of records of the foreign exporter or foreign producer of the goods, which is the subject of the investigation, provided that such documents correspond to the generally accepted principles and rules of accounting and reporting in the foreign State and reflect costs associated with production and sale of the goods. Authority conducting the investigation, takes into account all available evidence of the correctness of the allocation of the cost of production, administrative, commercial and general costs, provided that this distribution of costs is usually practiced by the foreign exporter or foreign producer of products which are the subject of the investigation, in particular in relation to establishing appropriate period of depreciation deductions on investments and other expenditures on production development. In the allocation of the cost of production, administrative, commercial and general costs in accordance with this paragraph, such costs have been adjusted to take into account non-recurrent expenditure intended for the development of production, or for circumstances in which costs during the period of investigation, influence operations during the Organization of production. The specified adjustment of cost of production, administrative, commercial and general costs in regard to the impact on them of operations carried out during the period of production, should reflect costs at the end of the period of organization of production or, if that period extends beyond the period covered by the investigation, the most recent costs which provided the necessary justification authority conducting the investigation, takes into account during the investigation.
Summary quantitative indicators of administrative, commercial and general expenses and profit were determined on the basis of the actual data on the production and sale of similar goods in the ordinary course of trade, to be submitted to the foreign exporter or foreign producer of products which are the subject of the investigation. If such summary quantitative indicators cannot be defined in this way, they can be defined based on the actual amounts received and expended by the foreign exporter or foreign producer of products which are the subject of the investigation, in connection with the production and sale of the same category of goods on the market of the country of origin, which is the subject of the investigation;
weighted average of the actual amounts received and expended in connection with the production and sale of similar goods at the market of the country of origin that is the subject of the investigation, other foreign exporters or foreign producers of this product;
Another method provided that this method of profit does not exceed profits normally derived other foreign exporters or foreign producers of the same product category in its sale on the market of the country of origin.

3. In the case of dumped imports from a country in which prices are regulated directly by the State or a State monopoly on foreign trade, the normal value of the goods can be determined on the basis of the price or the cost calculated similar goods in a suitable third country (comparable for the purposes of an investigation with the first country) or the prices of similar goods when it transfers from such a third country to other countries, including the Russian Federation. If the definition of the normal value of the goods in accordance with the provisions of this part is not possible, the normal value of the goods can be determined on the basis of prices paid or payable for similar goods in the Russian Federation and adjusted to take account of the profits.
For the purposes of this part when determining the normal value of the goods the country can be considered as a country in which prices are regulated directly by the State or a State monopoly on foreign trade, in particular on the basis of the following criteria: degree of convertibility of the currency of a foreign State from which the goods are exported, which is the subject of the investigation, on the international currency markets;
the degree of State intervention when making foreign exporters or foreign producers of products which are the subject of the investigation, decisions regarding the pricing of similar goods, about the determination of the production costs, product release notes, on the acquisition of raw materials, the use of technologies, as well as on the level of investment;
the degree of State intervention when making foreign exporters of the products which are the subject of the investigation, decisions on the establishment of export prices and exports goods;
the degree of State intervention in setting wage levels by foreign exporters or foreign producers of products which are the subject of the investigation;
the degree of influence of the State on the activities of legal entities with foreign ownership or investment by foreign entities on the territory of a foreign State from which the goods are exported, which is the subject of the investigation;
the lack of foreign exporters or foreign producers of goods, which is the object of investigation, uniform accounting records used for the any purpose and consistent with the generally accepted principles and rules of accounting and reporting.
4. determination of the normal value of the goods which are the subject of the dumped imports, the investigating authority is exercised on the basis of the information available to it.
5. In the absence of data on the export price of the goods which are the subject of the dumped imports, either case the authority conducting the investigation, doubt the reliability of the information on the export price of the goods as a result of the fact that the exporter and the importer of the goods are related, including connection, each of them with a third party, or the presence of restrictive business practices, in the form of collusion in relation to the export price of the goods its export price may be calculated on the basis of prices for which the imported product was first resold to an independent buyer, or any other method that may be determined by the authority conducting the investigation, if the imported goods are not resold to an independent buyer, or not resold in a 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, as well as part 2 of article 33 of this federal law, exporters, importers, Russian manufacturers and other persons are considered to be related if they are recognized affiliates in accordance with the antimonopoly legislation of the Russian Federation. (As amended by the Federal law of 30.12.2006 N 280-FZ)
6. Comparison between export price with normal value is performed on the same stage trading and in cases of the sale of goods that took place on possible at the same time.
When comparing the export price of the goods from its normal cost of correction given the differences that affect price comparability, including differences in conditions and characteristics of supply, taxation, stages of trading, quantitative indicators, physical characteristics, and any other differences in respect of which appear to be evidence of their impact on the comparability of prices. In the cases referred to in part 3 of this article, be aware of the costs, including duties and taxes incurred between importation and resale of the goods, as well as profits. Authority conducting the investigation shall have the right to ask the stakeholders with the information necessary to ensure a proper comparison of the export price of the goods from its normal value.
In case when comparing export price with normal value you want to recalculate their values from one currency into another currency, such a recalculation is performed by using the exchange rate on the day of sale of the goods. If foreign currency selling was directly related to the corresponding export delivery and for a period, use the exchange rate applied when selling currency for the term. Authority conducting the investigation, does not take into account the fluctuation in exchange rates and in the course of the investigation provides exporters not less than sixty calendar days to adjust their export prices, taking into account the sustained changes in currency exchange rates during the period covered by the investigation.
The existence of a margin of dumping during the investigation is set on the basis of a comparison of a weighted average normal value of the goods from srednevzvešennymi all comparable export prices of the goods or goods of normal value with export price of each comparable export goods. Weighted average normal value of the goods can be compared to prices of individual export deliveries of goods, if the authority conducting the investigation, finds that the goods export prices differ significantly depending on buyers, regions or period of delivery of the goods, and if there is a reason for such differences were not properly taken into account when comparing the weighted average normal value of the goods from srednevzvešennymi all comparable export prices of the goods or goods of normal value with export price of each comparable export goods.
7. If the product which is the subject of the dumped imports, imported directly from the country of origin, and are exported to the customs territory of the Russian Federation from a third country, export price of such goods to the comparable price of similar goods in a foreign country from which the goods are exported, which is the subject of the dumped imports.
Comparison of the export price of the goods which are the subject of the dumped imports, it can be with a comparable price of similar goods in his country of origin, if the product only pereotpravlâetsâ through a foreign State, from which it is exported to the customs territory of the Russian Federation, or manufacture of the merchandise is not being implemented in that foreign State or in this foreign country there is no comparable price for similar goods.
Article 13. The establishment of industry damage the Russian economy due to the dumped imports 1. Damage to the Russian economy industry due to dumped imports is based on the results of the analysis of the volume of dumped imports, the impact of the dumped imports on prices of similar goods in the market of the Russian Federation and the impact of such imports on Russian producers of similar goods.
2. In this chapter, as well as Chapter 5 of the present Federal law under the industry damage the Russian economy, unless otherwise stated, refers to material damages to the industry of the Russian economy, the threat of industry damage the Russian economy or significantly slowing the creation of branches of the Russian economy.
3. When analysing the volume of dumped imports authority conducting investigation to determine whether there had been a significant increase in dumped imports of this product (in absolute terms or relative to production or consumption in the Russian Federation similar goods).
When analyzing the impact of the dumped imports on prices of similar goods in the market of the Russian Federation, the authority conducting the investigation, establishes the following factors: whether the price of the goods which are the subject of the dumped imports, substantially below the prices of similar goods in the market of the Russian Federation;
whether dumped imports led to a significant decrease in the prices of similar goods in the market of the Russian Federation;
Let the dumped imports significantly higher prices of similar goods in the market of the Russian Federation, which would have occurred in the absence of dumped imports.

Neither the one nor the several factors established by the analysis of the impact of dumped imports on prices of similar goods in the market of the Russian Federation, no significant increase in dumped imports may not be decisive for the purposes of ascertaining damage industry Russian economy due to the dumped imports.
(The part in edition of the Federal law dated Dec. 30 N 280-FZ)
4. If the subject of the investigations at the same time, is the importation of any goods in the customs territory of the Russian Federation from more than one foreign State authority conducting the investigation, can assess the cumulative effects of such imports only if it determines that: dumping margin determined for imports of the goods from each foreign country exceeds the minimum allowable margin of dumping and volume of imports of this product from each foreign country is not negligible, bearing in mind the provisions of the second part of paragraph 5 of article 29 of this federal law;
assessment of aggregate effects of import goods is possible, taking into account the conditions of competition between imported products and the conditions of competition between imported goods and the similar Russian goods.
5. Analysis of the impact of dumped imports on the industry of the Russian economy is in assessing the economic factors relevant to the State sector of the Russian economy, including: recovery of the economic situation of the sector of the Russian economy after it occurred earlier dumped imports or subsidized imports;
incident or possible future cuts in production, sales, share it on the market of the Russian Federation, profits, productivity, income from investments or utilization of production capacity;
factors influencing the price of goods on the market of the Russian Federation;
the size of the margin of dumping;
incident or potential future negative impact on the movement of cash flow, inventories, employment, wages, growth of production of the commodity, the ability to attract investment.
Neither the one nor the several factors established by the analysis of the impact of dumped imports on the industry of the Russian economy, cannot be decisive for the purposes of ascertaining damage industry Russian economy due to the dumped imports. (The paragraph is supplemented by federal law from 30.12.2006 N 280-FZ)
6. the impact of dumped imports on the industry of the Russian economy is evaluated in relation to the production of similar goods in the Russian Federation if available data highlight the production of similar goods on the basis of such criteria as the production process, sale of goods manufacturers, and profit. If the available data do not allow select production of similar goods, the impact of the dumped imports on the industry of the Russian economy is evaluated in relation to the production of the narrowest group or range of products, which include similar goods and which have the necessary data.
7. Injury to the industry in the Russian economy due to the dumped imports must be based on an analysis of all relevant and available to the investigating authority, of evidence and information. Authority conducting the investigation, other than dumped imports analyzes other known factors, which in the same period, the industry damage the Russian economy. The specified harm Russian economy industry should not be investigating body to damage the Russian economy industry due to the dumped imports.
8. when determining a threat of material harm Russian economy industry due to dumped imports authority conducting the investigation, takes into account all available factors, including the following factors: (as amended by the Federal law of 30.12.2006 N 280-FZ) dumped imports growth, indicating the real possibility of further increases in such imports;
the presence of exporter of goods which are the subject of the dumped imports, insufficient export opportunities or the apparent inevitability of their increase, which show the real possibilities of increasing dumped imports of this product, with the possibility of other export markets to take any additional exports of this product;
the price level of products which are the subject of the dumped imports, if such a price level could lead to a reduction or containment of prices of similar goods in the market of the Russian Federation and further growth in demand for goods, which is the subject of dumped imports;
stocks from the exporter of goods which are the subject of the dumped imports.
Decision on the existence of a threat of material harm Russian economy industry was adopted in case if the investigation based on the results of the analysis of the factors referred to in this part, the authority conducting the investigation, concluded that the inevitability of continuation of dumped imports and causing material damage to import such branches of the Russian economy in case of no acceptance of anti-dumping measures.
Article 14. The imposition of the provisional anti-dumping duty 1. In case the information received prior to the completion of investigations, testifies to the presence of dumped imports and the consequent damage to the sector of the Russian economy, the Government of the Russian Federation on the basis of the report submitted in accordance with the provisions of article 4 hereof and containing the preliminary conclusion of the authority conducting the investigation, the decision on the application of anti-dumping measures by imposing a provisional anti-dumping duty in order to prevent damage to the sector of the Russian economy caused by dumped imports during the investigation period.
The decision to impose provisional anti-dumping duty cannot be accepted earlier than sixty calendar days from the date of commencement of the investigation.
2. the rate of the provisional anti-dumping duty shall not exceed the size previously estimated margin of dumping.
If the rate of the provisional anti-dumping duty equal to the estimated dumping margin preliminarily, the validity of the provisional anti-dumping duty shall not exceed four months, unless this period is extended to six months following a request by exporters, whose share in the volume of dumped imports of the product which is the subject of the investigation shall be not less than eighty per cent.
If the rate of the provisional anti-dumping duty is less than the previously estimated margin of dumping, the validity of the provisional anti-dumping duty shall not exceed six months, unless this period is extended up to nine months on the basis of a request from exporters, whose share in the volume of dumped imports of the product which is the subject of the investigation shall be not less than eighty per cent.
3. provisional anti-dumping duty is levied by the Customs authorities according to the rules established by the customs legislation of the Russian Federation concerning the levying of import customs duties. (As amended by federal law from 18.02.2006 N 26-FZ) of the amount of the provisional anti-dumping duties are not listed in the federal budget before the adoption of the investigation carried out in accordance with articles 26-29 of this federal law, the final decision on the application of anti-dumping measures. If the price the exporter obligations when accepting the products which are the subject of the investigation, the investigation is ongoing pursuant to part 6 of article 15 of this federal law, the amount of the provisional anti-dumping duties are not listed in the federal budget, pending a decision on the results of the investigation carried out in accordance with articles 26-29 of this federal law.
4. If by the results of the investigation carried out in accordance with articles 26-29 of this federal law, revealed the existence of the grounds provided for in article 11 hereof, the amount of the provisional anti-dumping duty listed in the federal budget.
5. If the investigation carried out in accordance with articles 26-29 of this federal law, it is established that there is no reason specified in article 11 of this federal law, the amount of the provisional anti-dumping duty shall be refunded to the payer in the manner prescribed by the customs legislation of the Russian Federation for a refund of customs duties. The amount of the provisional anti-dumping duty shall be refunded to the payer in the case of release of the goods, the exporter was under investigation from the price undertakings in accordance with part 6 of article 15 hereof.

6. If the investigation carried out in accordance with articles 26-29 of this federal law, introduced anti-dumping duty or obligation referred to in paragraph 1 of article 15 of this federal law, the amount of the provisional anti-dumping duty listed in the federal budget.
If the investigation carried out in accordance with articles 26-29 of this federal law, revealed the existence of the grounds provided for in article 11 hereof, and considered expedient the imposition of anti-dumping duty rate lower than the rate of the provisional anti-dumping duty, the difference between the rate of the provisional anti-dumping duty and anti-dumping duty rate shall be returned to the payer in the manner prescribed by the customs legislation of the Russian Federation for a refund of customs duties. The balance of the amounts of the provisional anti-dumping duty shall be transferred to the federal budget.
In case if the rate of the anti-dumping duty rates more provisional anti-dumping duty, the difference between the rate of anti-dumping duty and the rate of the provisional anti-dumping duty is not levied from the payer.
7. When applying the provisional anti-dumping duties complied with article 16 hereof.
Article 15. The adoption of the exporter of the products which are the subject of the investigation, the obligations with regard to prices of the product 1. The investigation may be suspended or terminated by the investigating authority, without the imposition of provisional anti-dumping duty or definitive anti-dumping duty when received from the exporter of the goods, which is the object of investigation, writing commitments freely undertaken by the exporter, on the revision of the price of the goods or the cessation of exports of the goods into the customs territory of the Russian Federation at prices below the normal value of the goods (if any affiliates of the exporter of the Russian Federation about supporting these commitments exporter its affiliates) If as a result of this commitment authority conducting the investigation, finds that the adoption of these commitments will eliminate the adverse effects of dumped imports, and if the Government of the Russian Federation will be decided on approving these commitments. The price level of products which are the subject of the investigation, according to these obligations must not be higher than necessary to eliminate the margin of dumping. The increase in the price of the products which are the subject of the investigation, may be less than the margin of dumping if such increase is sufficient to repair the damage of the industry of the Russian economy.
2. Approval of the obligations referred to in paragraph 1 of this article, is not accepted by the Government of the Russian Federation until the authority conducting the investigation, does not come to a preliminary positive conclusion about the presence of dumped imports and the consequent damage to the sector of the Russian economy.
3. Approval of the obligations referred to in paragraph 1 of this article, is not accepted by the Government of the Russian Federation if the authority conducting the investigation, finds that the unacceptability of approval of such obligations in view of the large number of actual or potential exporters of the products which are the subject of the investigation, or for reasons connected with the interests of public policy. In this case the authority conducting the investigation, according to exporters, the reasons for which the approval of their obligations was considered unacceptable and provides exporters with the opportunity to give their comments in relation to the suitability of the approval of their obligations.
4. the authority conducting the investigation, the exporter, who shall transmit to each specified in part 1 of this article the obligation, request for their non-confidential version, in order to be able to make it available to interested parties.
5. the authority conducting the investigation, exporters can offer to take are set out in part 1 of this article, but should not require their acceptance.
6. If approved by the Government of the Russian Federation's obligations referred to in paragraph 1 of this article, an investigation into the presence of dumped imports and the consequent damage to the sector of the Russian economy can be resumed at the request of the exporter of the products which are the subject of the investigation, or on the decision of the body conducting the investigation. If the final results of the investigation made conclusion about the absence of the dumped imports and the consequent damage to the industry of the Russian economy, the exporter, who referred to in part 1 of this article shall be exempt from these obligations, unless made by the conclusion is largely the result of the existence of these obligations. In this case the authority conducting the investigation may require the exporter to the products which are the subject of the investigation the exporter obligations referred to in paragraph 1 of this article shall remain in force as long as necessary. If the investigation carried out in accordance with articles 26-29 of this federal law, the authority conducting the investigation, finds that the presence of dumped imports and the consequent damage to the Russian economy industries exporter obligations specified in part 1 of this article shall continue to act in accordance with their terms.
7. the authority conducting the investigation shall have the right to request from the exporter if its obligations specified in part 1 of this article, have been approved by the Government of the Russian Federation, information relating to the implementation of these commitments by the exporter, as well as consent to the verification of this information. Failure to provide requested information is a violation of its obligations by the exporter.
8. In the event of a breach or withdrawal of the exporter obligations referred to in paragraph 1 of this article, the Government of the Russian Federation shall decide on the application of anti-dumping measures by imposing a provisional anti-dumping duty if the investigation is not yet complete or definitive anti-dumping duty if the final results of the investigation indicate the grounds provided for in article 11 hereof.
In case of violation of obligations by the exporter referred to in paragraph 1 of this article, he shall be given an opportunity to comment in connection with such breach.
9. Body investigating, in conclusion, on the basis of which the decision approving the obligations referred to in paragraph 1 of this article shall be determined by the rate of the provisional anti-dumping duty or definitive anti-dumping duty which may be introduced in accordance with the provisions of part 8 of this article.
Article 16. Application of anti-dumping duty 1. Anti-dumping duty applied to goods supplied by all exporters and is the subject of the dumped imports, causing damage to the branch of the Russian economy, except for goods delivered by those exporters, the obligations which were accepted by the Government of the Russian Federation in accordance with the provisions of article 15 hereof.
2. in determining the authority investigating an individual dumping margin in accordance with the provisions of part 2 of article 29 of this federal law, anti-dumping duty is applied individually for each known exporter or foreign producer of foreign products which are the subject of the dumped imports.
In determining the authority investigating a single dumping margin in accordance with the provisions of part 3 of article 29 of this federal law, anti-dumping duty is applied on a non-discriminatory basis in respect of all known foreign exporters or foreign producers of goods which are the subject of the dumped imports.
3. in case the authority conducting the investigation, uses a constraint referred to in paragraph 2 of article 29 of this federal law, the rate of anti-dumping duty applied to not selected to determine the individual margin of dumping, but submitting required information in prescribed for submission during the investigation period by foreign exporters or foreign producers of goods which are the subject of the dumped imports, should not exceed the weighted average margin of dumping determined in relation to the selected foreign exporters or foreign producers of goods which is the subject of the dumped imports.

In case of foreign exporters or foreign producers of goods which are the subject of the dumped imports, not individual dumping margin was determined, except not selected to determine the individual margin of dumping, but submitting required information in prescribed for submission during the investigation period by foreign exporters or foreign producers of goods which are the subject of the dumped imports, as well as in cases when foreign exporters or foreign producers of goods which is the subject of the dumped imports, the investigating authority is denied, view necessary for the purposes of an investigation or information do not constitute such information within the period stipulated in part 3 article 26 of this federal law, anti-dumping duty is applied at a rate determined by comparing the highest graduation rates established for foreign exporters and foreign producers of such goods in respect of which an individual dumping margin was determined, and rates calculated by comparing established during the investigation, in accordance with article 12 hereof the weighted average normal value of the goods which are the subject of the dumped imports, and the weighted average export price of the goods which are the subject of the dumped imports.
If this comparison is selected by the highest rates of anti-dumping duty.
(The part in edition of the Federal law dated Dec. 30 N 280-FZ) Article 17. Duration and review of anti-dumping measures 1. Anti-dumping measure shall be applied to the decision of the Government of the Russian Federation in the amount and within the time that you must have to correct the damage to the industry of the Russian economy due to the dumped imports.
2. the period of validity of the anti-dumping measures should not exceed five years from the date of application of such measures or from the date of the completion of the reinvestigation, conducted in connection with changed circumstances and at the same time concerned the analysis of dumped imports and the consequent damage to the Russian economy, industry or in connection with the expiry of anti-dumping measures.
3. A decision on the extension of anti-dumping measures taken by the Government of the Russian Federation on the basis of the authority conducting the investigation, report on the results of the reinvestigation in connection with expiry of the anti-dumping measures. Such repeated investigation is conducted by a body conducting an investigation, on the basis of an application filed in writing in accordance with the provisions of article 25 hereof, or on the initiative of the authority conducting the investigation.
Repeated investigations in connection with the expiry of anti-dumping measures shall be carried out in the presence of a statement filed in accordance with the provisions of article 25 hereof, or upon receipt by the authority, investigating, information about the possibility of a resumption of dumped imports and harm to the industry of the Russian economy in the event of termination of anti-dumping measures.
Statement on the conduct of the reinvestigation with a view to extending the anti-dumping measures shall be submitted not later than six months before the expiry of the anti-dumping measures.
When establishing the possibility of a resumption of dumped imports and harm to the industry of the Russian economy in the event of termination of anti-dumping measures authority conducting the investigation, takes into account all available factors. Among these factors is taken into account, at least one of the following factors: the persistence of dumped imports and causing damage to industries in the Russian economy during the period of validity of the measures;
the linkage between the Russian economy industry remediating damage and application of anti-dumping measures totally or partially;
the existence of such a provision, the foreign producers and (or) this State goods markets, which could lead to a resumption of dumped imports and injury sector of the Russian economy.
The need to recalculate the size of the margin of dumping and the size of the anti-dumping duty while conducting a reinvestigation of expiry of anti-dumping measures shall be determined by the authority conducting the investigation, based on information available to it.
Repeated investigations in connection with the expiry of anti-dumping measures shall be completed within twelve months from the date of its beginning. Pending the outcome of such a reinvestigation by the Government of the Russian Federation extended the application of anti-dumping measures. If the basis of the results of the reinvestigation found that there was no basis for the application of anti-dumping measures, the amount of anti-dumping duty rates charged during the period of application of anti-dumping measures were extended, be refunded to the payer in the manner prescribed by the customs legislation of the Russian Federation for a refund of customs duties.
4. on the initiative of the authority conducting the investigation or on the application of the person concerned (if following the introduction of anti-dumping measures passed by not less than one year) can be carried out the repeated investigations to determine whether continuing the application of anti-dumping measures and (or) its revision, including the revision of the rates of individual anti-dumping duty, in connection with the changed circumstances.
Depending on the purpose of application for organizing this reinvestigation such application must contain evidence that due to the changed circumstances: anti-dumping measures continued application is not required to counteract the dumping imports and eliminate prejudice industry of Russia's economy as a result of dumped imports;
the existing anti-dumping measures size exceeds adequate to counteract the dumping imports and eliminate prejudice industry of Russian economy due to the dumped imports such measures;
the existing size of the anti-dumping measures is not sufficient to counteract the dumping imports and eliminate prejudice industry of Russian economy due to the dumped imports.
Repeated investigations in connection with changed circumstances shall be completed within twelve months from the date of its beginning.
5. the investigation also may be conducted in order to establish an individual dumping margin for the foreign exporter or foreign producer that do not carry out delivery, was investigated during the original investigation. Such repeated investigations may be initiated by a body conducting an investigation, in the case of specified by the exporter or producer of the statements about the conduct of the reinvestigation.
Specified in this part of the application must contain evidence that the foreign exporter or foreign producer of goods not associated with foreign exporters and foreign producers of goods subject to anti-dumping action, as well as evidence that the exporter or producer of goods supplies products which are the subject of the investigation, to the Russian Federation or treaty obligations on deliveries of such goods in the Russian Federation in substantial amounts in case of termination where the exporter or producer of the goods will incur substantial losses.
During the reinvestigation, in order to establish an individual dumping margin for the foreign exporter or foreign producer anti-dumping measure in respect of the supply of the products which are the subject of the investigation, in the Russian Federation the data exporter or producer does not apply.
The specified reuse investigation is conducted as soon as possible. In any case, this period may not exceed twelve months.
6. the provisions of articles 26-29 of this federal law, concerning the submission of evidence relating to the inquiry and investigation, apply to repeated investigations provided under this article, taking into account relevant differences.
7. the provisions of this article shall apply to the obligations undertaken by the foreign exporter in accordance with article 15 of this federal law, mutatis mutandis.
(Article in the Editorial Office of the Federal law dated Dec. 30 N 280-FZ), Chapter 4. Countervailing measures Article 18. General principles for the application of compensatory measures

1. the compensation measure may be applied to the imported goods in production, export or transport which used specific foreign State grant (Union of foreign States), if as a result of the investigation conducted by the investigating authority determined that the importation of such goods into the customs territory of the Russian Federation caused material damage to the sector of the Russian economy, poses a threat to damage the Russian economy or industry slows the creation of branches of the Russian economy.
2. The procedure for calculating the size of specific grants of the foreign State (or Union of foreign States) specified in part 1 of this article shall be established by the Government of the Russian Federation.
Article 19. Principles for attributing grants a foreign State (or Union of foreign States) to specific subsidies 1. The grant of a foreign State (or Union of foreign States), as defined in article 2 of this federal law, a subsidy is specific if the subsidiruûŝim authority or law to use the subsidy allowed only specific organizations.
For the purposes of this article specific organizations are specific manufacturer and/or exporter or specific sector of the economy of a foreign State (or Union of foreign States) or a group (Union, Union) producers and/or exporters or branches of the economy of a foreign State (or Union of foreign States).
2. in any event, the grant of a foreign State (or Union of foreign countries) is a specific subsidy, if providing the subsidy is accompanied by: limitation number of specific organizations, which allowed the use of subsidy;
predominant use of the subsidy by specific organizations;
the granting of disproportionately large amounts of subsidy to specific organizations;
selection of subsidiruûŝim body grace (preferential) ways to grant specific organizations.
The grant of a foreign State (or Union of foreign countries) is a specific subsidy, if the number of specific organizations that are allowed to use this subsidy is limited to organizations in the designated geographical area.
Any subsidy of a foreign State (or Union of foreign countries) is a specific subsidy if: the grant in accordance with the law or in fact, as the sole condition or one of several conditions linked to the results of the export of the goods. A subsidy is considered to be virtually tied with the results of the export of the goods, if it is not legally associated with the results of the export of the goods associated with or could in the future export of goods or associated in practice with export revenues;
the subsidy is linked in accordance with the law or in fact, as the sole condition or one of multiple conditions using local goods instead of imports.
3. The grant of a foreign State (or Union of foreign States) is not specific subsidy, if subsidiruûŝim authority or law establishes objective criteria or conditions that determine eligibility for a grant and its size (including, depending on the number of employees, production output) and are strictly enforced.
4. Assignment grant a foreign State (or Union of foreign States) to specific subsidies can only be based on evidence of the existence of any of the conditions specified in parts 1 and 2 of this article. (Part is supplemented by federal law from 30.12.2006 N 280-FZ), Article 20. The establishment of industry damage the Russian economy due to the subsidized imports 1. Damage to the Russian economy's industries as a result of subsidized imports is based on the results of the analysis of the volume of subsidized imports, the impact of the subsidized imports on prices of similar goods in the market of the Russian Federation and the impact of such imports on Russian producers of similar goods.
2. In this chapter, as well as Chapter 5 of the present Federal law under the industry damage the Russian economy, unless otherwise stated, refers to material damages to the industry of the Russian economy, the threat of industry damage the Russian economy or significantly slowing the creation of branches of the Russian economy.
3. When analysing the volume of subsidized imports authority conducting investigation to determine whether there had been an increase in subsidized imports (in absolute terms or relative to production or consumption of similar goods in the Russian Federation).
When analyzing the impact of the subsidized imports on prices of similar goods in the market of the Russian Federation, the authority conducting the investigation, determines whether the prices of the products which are the subject of subsidized imports, lower prices of similar goods in the market of the Russian Federation;
whether subsidized imports led to a decline in prices of similar goods in the market of the Russian Federation;
Let whether subsidized imports increase in the prices of similar goods in the market of the Russian Federation, which would have occurred in the absence of such imports.
4. If the subject of the investigations at the same time, is the importation of any goods in the customs territory of the Russian Federation from more than one foreign State authority conducting the investigation, can assess the cumulative effects of such imports only if it determines that: the amount of the grant in each foreign country on this product is more than one percent of its value, and the volume of subsidized imports from each foreign country is not negligible;
assessment of aggregate effects of import goods is possible, taking into account the conditions of competition between imported products and the conditions of competition between imported goods and the similar Russian goods.
5. Analysis of the impact of the subsidized imports on the industry of the Russian economy is in assessing the economic factors relevant to the State sector of the Russian economy, including: incident or possible future cuts in production, sales, share it on the market of the Russian Federation, profits, productivity, income from investments or utilization of production capacity;
factors influencing the price of goods on the market of the Russian Federation;
incident or potential future negative impact on the movement of cash flow, inventories, employment, wages, growth in production, the ability to attract investment.
6. the impact of the subsidized imports on the industry of the Russian economy is evaluated in relation to the production of similar goods in the Russian Federation if available data highlight the production of similar goods on the basis of such criteria as the production process, sale of goods manufacturers, and profit. If the available data do not allow select production of similar goods, the impact of the subsidized imports on the industry of the Russian economy is evaluated in relation to the production of the narrowest group or range of products, which include similar goods and which have the necessary data.
7. Injury to the industry in the Russian economy due to the subsidized imports must be based on an analysis of all relevant and available to the investigating authority, of evidence and information. Neither the one nor the several factors of a number of factors that are installed as a result of this analysis, the volume of subsidized imports and the impact of the subsidized imports on the industry of the Russian economy, cannot be decisive for the purposes of ascertaining damage industry Russian economy due to the subsidized imports. Authority conducting the investigation, in addition to subsidized imports analyzes other known factors, which in the same period, the industry damage the Russian economy. The specified harm Russian economy industry should not be investigating body to damage the Russian economy industry due to the subsidized imports. (As amended by the Federal law of 30.12.2006 N 280-FZ)
8. when determining a threat of material harm Russian economy industry due to subsidized imports authority conducting the investigation, takes into account all available factors, including the following factors: the nature of the subsidy or subsidies and their possible impact on trade;
subsidized imports growth, indicating the real possibility of further increases in such imports;
the presence of exporter of goods which are the subject of the subsidized imports, insufficient export opportunities or the apparent inevitability of their increase, which show the real possibilities of increase of subsidized imports of this product, with the possibility of other export markets to take any additional exports of this product;

the price level of products which are the subject of the subsidized imports, if such a price level could lead to a reduction or containment of prices of similar goods in the market of the Russian Federation and further growth in demand for goods, which is the subject of subsidized imports;
stocks from the exporter of goods which are the subject of the subsidized imports.
Neither the one nor the several factors of number of factors set out in this part may not be decisive for the purposes of establishing the threat of damage the Russian economy industry due to the subsidized imports.
Decision on the existence of a threat of material harm Russian economy industry was adopted in case if the investigation based on the results of the analysis of the factors referred to in this part, the authority conducting the investigation, concluded that the inevitability of continuing the subsidized imports and causing material damage to import such industries of the Russian economy in case of no acceptance of the compensation measures.
(The part in edition of the Federal law dated Dec. 30 N 280-FZ), Article 21. The imposition of provisional countervailing duty 1. In case the information received prior to the completion of an investigation, indicate the presence of subsidized imports and the resulting damage to the sector of the Russian economy, the Government of the Russian Federation on the basis of the report submitted in accordance with the provisions of article 4 hereof and containing the preliminary conclusion of the authority conducting the investigation, the decision on the application of compensation measures by imposing a provisional countervailing duty for up to four months to prevent damage to the Russian economy's industry caused by subsidized imports during the investigation period.
The decision to impose provisional countervailing duty cannot be accepted earlier than sixty calendar days from the date of commencement of the investigation.
2. provisional countervailing duty is introduced in an amount equal to the previously calculated the magnitude of subsidies.
3. provisional countervailing duty levied by the Customs authorities according to the rules established by the customs legislation of the Russian Federation concerning the levying of import customs duties. (As amended by federal law from 18.02.2006 N 26-FZ) of the amount of the provisional countervailing duty are not listed in the federal budget before the adoption of the investigation carried out in accordance with articles 26-28 and 30 of this federal law, the final decision on the application of compensation measures. After the adoption of the final decision by the Government of the Russian Federation concerning the provisional countervailing duty shall apply mutatis mutandis the provisions referred to in paragraphs 3-6 of article 14 hereof.
4. in the application of provisional countervailing duty complied with article 23 hereof.
Article 22. Acceptance of obligations by the foreign State subsidiruûŝim (Union of foreign States) or the exporter of the products which are the subject of the investigation 1. The investigation may be suspended or terminated by the investigating authority, without the imposition of provisional or definitive countervailing duty when taking decisions by the Government of the Russian Federation on approval received by the specified body in writing, freely entered into by a foreign State (Union of foreign States) or an exporter obligations, in accordance with which: foreign State (the Union of foreign States), from which the exported goods, is the subject of the investigation, agreed to cancel or reduce the subsidies or to adopt other appropriate measures in order to eliminate the effects of the subsidies;
the exporter of the products which are the subject of the investigation, agrees to review the installed price for the product (if any affiliates of the exporter of the Russian Federation to support affiliates exporter's obligations on the revision of the price) so that, as a result of the analysis undertaken by the exporter obligations of the authority conducting the investigation, finds that such obligations would obviate the adverse effects of the subsidized imports. The price level of products which are the subject of the investigation, under such commitments shall not be higher than is necessary to neutralize the effects of the grant of a foreign State (or Union of foreign States) on the sector of the Russian economy. The increase in the price of the products which are the subject of the investigation, may be less than the amount of the grant if such increase is sufficient to repair the damage of the industry of the Russian economy.
2. The Government of the Russian Federation had not taken a decision on the approval of the obligations referred to in paragraph 1 of this article, until the authority conducting the investigation, does not come to a positive conclusion on the availability of subsidized imports and the resulting damage to the sector of the Russian economy. The Government of the Russian Federation had not taken the decision to approve commitments exporter products which are the subject of the investigation, unless the consent of the foreign State (or Union of foreign States), from which the exported goods, the adoption of the exporters obligations referred to in the third paragraph of part 1 of this article.
3. The Government of the Russian Federation had not taken a decision on the approval of the obligations referred to in paragraph 1 of this article, if the authority conducting the investigation, finds that the unacceptability of approval of such obligations in view of the large number of actual or potential exporters of the products which are the subject of the investigation, or for reasons connected with the interests of public policy. In this case the authority conducting the investigation, according to exporters, the reasons for which the adoption by the Government of the Russian Federation approving commitments these exporters were deemed unacceptable, and provides exporters with the opportunity to give their comments in relation to the suitability of the adoption by the Government of the Russian Federation approving of their obligations.
4. the authority conducting the investigation, directs each exporter and the authorized body of the foreign State (or Union of foreign States) that have accepted the obligations specified in part 1 of this article, a request for non-confidential version of those obligations so as to be able to make it available to interested parties.
5. the authority conducting the investigation, can propose the adoption referred to in paragraph 1 of this article, but should not require their acceptance.
6. If the Government of the Russian Federation approving the obligations referred to in paragraph 1 of this article, the investigation with respect to the availability of subsidized imports and the resulting damage to the sector of the Russian economy can be resumed at the request of a foreign State (or Union of foreign States), from which the exported goods, is the subject of the investigation, or on the basis of the decision of the Government of the Russian Federation.
If by results investigation was the final conclusion about the absence of subsidized imports or the resulting damage to the Russian economy, industry, foreign State (the Union of foreign States) or exporters who have accepted the obligations specified in paragraph 1 of this article shall be exempt from these obligations, unless made by the conclusion is largely a result of the existence of such obligations. In this case, the Government of the Russian Federation may be agreed that the obligations referred to in paragraph 1 of this article shall remain in force as long as necessary. If the investigation carried out in accordance with articles 26-28 and 30 of this federal law, the authority conducting the investigation, finds that the availability of subsidized imports and the resulting damage to the sector of the Russian economy, undertakings referred to in paragraph 1 of this article shall continue to act in accordance with the terms of such obligations.
7. the authority conducting the investigation shall have the right to request from a foreign State (or Union of foreign States) or from the exporter, if the obligations referred to in paragraph 1 of this article have been endorsed by the Government of the Russian Federation, information relating to the implementation of the foreign State (Union of foreign States) or an exporter of such commitments, as well as consent to the verification of this information. Failure to provide requested information is a violation of the foreign State (Union of foreign States) or an exporter of commitments.

8. If a foreign State (the Union of foreign States) or an exporter violates or withdraw obligations referred to in paragraph 1 of this article, the Government of the Russian Federation was adopted the decision to apply countervailing measures by imposing a provisional countervailing duty, if the investigation is not yet complete, or final countervailing duty, if the final results of the investigation indicate the grounds referred to in article 18 hereof.
In case of violation of a foreign State (Union of foreign States) or an exporter obligations referred to in paragraph 1 of this article, the foreign State (the Union of foreign States) or the exporter shall have the opportunity to give their comments in respect of such breach.
9. In the opinion of the authority conducting the investigation, on the basis of which the Government of the Russian Federation endorsed the commitments referred to in paragraph 1 of this article shall be determined by the rate of the provisional countervailing duty, or the final countervailing duty, which may be introduced in accordance with the provisions of part 8 of this article.
Article 23. Introduction and application of countervailing duty 1. The compensation fee is applied after the foreign State (the Union of foreign States), which provides a specific subsidy was requested to hold consultations. The compensation fee applies if the foreign State (the Union of foreign States) refused the proposed consultations or during such consultations, mutually acceptable solution has been reached.
The decision to impose the countervailing duty can be taken during the period of validity of specific grants of the foreign State (or Union of foreign States).
2. the compensation fee shall be applied in respect of the goods supplied by all exporters and is the subject of the subsidized imports, causing damage to the sector of the Russian economy, except for goods delivered by those exporters, the obligations which were accepted by the Government of the Russian Federation in accordance with the provisions of article 22 hereof.
3. countervailing duty Rate must not exceed the size of specific grants of the foreign State (or Union of foreign States), calculated per unit of the subsidized and exported product. If subsidies are granted in accordance with the various programs, their aggregate size.
Countervailing duty rate can be less than the size of specific grants of the foreign State (or Union of foreign States), if such rate is sufficient to repair the damage sector of the Russian economy.
In determining the rates of countervailing duty are taken into consideration received in writing to the authority conducting the investigation, the views of the Russian consumers, the economic interests which may impact the imposition of countervailing duties.
Article 24. Duration and review of countervailing measures 1. The compensation measure is applied by the decision of the Government of the Russian Federation in the amount and within the time that you must have to correct the damage to the industry of the Russian economy due to the subsidized imports.
2. the period of validity of the compensation measures should not exceed five years from the date of application of such measures or from the date of the completion of the reinvestigation, conducted in connection with changed circumstances and at the same time concerned the analysis of subsidized imports and injury associated with the branch of the Russian economy or expiry of countervailing measures.
3. A decision on the extension of the compensation measures taken by the Government of the Russian Federation on the basis of the authority conducting the investigation, report on the results of the reinvestigation in connection with expiry of the compensation measures. Such repeated investigation is conducted by a body conducting an investigation, on the basis of an application filed in writing in accordance with the provisions of article 25 hereof, or on the initiative of the authority conducting the investigation.
Repeated investigations in connection with the expiration of the compensation measures carried out in the presence of a statement filed in accordance with the provisions of article 25 hereof, or upon receipt by the authority, investigating, information about the possibility of continuing or resumption of subsidized imports and harm to the industry of the Russian economy in the event of termination of compensatory measures.
Statement on the conduct of the reinvestigation to renewal of the compensation measures is filed not later than six months before the expiry of countervailing measures.
When establishing the possibility of continuation or resumption of subsidized imports and harm to the industry of the Russian economy in the event of termination of compensatory measures authority conducting the investigation, takes into account all available factors. Among these factors is taken into account, at least one of the following factors: the persistence of subsidization, including maintaining the beneficial effects of previously provided subsidies and damage the Russian economy industry;
linkage between industry remediating damage to the economy and the use of compensatory measures totally or partially;
the existence of such a provision, the foreign producers and (or) this State goods markets, which could lead to a resumption of subsidized imports and injury sector of the Russian economy.
The need to recalculate the amount per unit and the size of the countervailing duty when conducting a reinvestigation of expiry of countervailing measures shall be determined by the investigating body, based on information available to it.
Repeated investigations in connection with the expiration of the compensation measures should be completed within twelve months from the date of its beginning. Pending the outcome of such a reinvestigation by the Government of the Russian Federation extended the application of the compensation measures. If the basis of the results of the reinvestigation found that there was no basis for the application of compensatory measures, the amount of countervailing duty rates charged during the term, which was extended the application of the compensation measures should be returned to the payer in the manner prescribed by the customs legislation of the Russian Federation for a refund of customs duties.
4. on the initiative of the authority conducting the investigation or upon application by an interested person (in case after the introduction of compensatory measures passed by not less than one year) can be carried out the repeated investigations to determine whether continuing the application of compensation measures and (or) its review in response to changed circumstances.
Depending on the purpose of application for organizing this reinvestigation such application must contain evidence that due to the changed circumstances: continued use of compensatory measures is not required to counter subsidized imports and eliminate prejudice industry of Russian economy due to the subsidized imports;
the current size of the compensation measures exceeds adequate to counter subsidized imports and eliminate prejudice industry of Russia's economy as a result of subsidized imports the size of such measures;
the current size of the compensation measures are insufficient to counter subsidized imports and eliminate prejudice industry of Russian economy due to the subsidized imports.
Repeated investigations in connection with changed circumstances shall be completed within twelve months from the date of its beginning.
5. the provisions of articles 26-28 and 30 of this federal law, regarding the submission relating to the investigation of evidence and investigation, apply to repeated investigations provided under this article, taking into account relevant differences.
6. the provisions of this article shall apply to the obligations undertaken by a foreign State (Union of foreign States) or by the exporter in accordance with article 22 of this federal law, mutatis mutandis.
(Article in the Editorial Office of the Federal law dated Dec. 30 N 280-FZ) Chapter 5. Investigations Article 25. Reason for inquiry

1. An investigation specified in subsection 1 of article 3 of this federal law, in order to establish the existence of increased imports and the resulting serious harm Russian economy industry or threat of serious harm to the industry of the Russian economy, as well as to establish the existence of dumped imports or subsidized imports and the resulting damage to the branch of the Russian economy is carried out by a body conducting an investigation, based on an application in writing filed in accordance with the provisions of this article, either on its own initiative the authority conducting the investigation.
2. The declaration referred to in part 1 of this article, served: Russian manufacturer directly competing product (when you apply for the application of special safeguard measures), or similar goods (when you apply for the application of anti-dumping measures or countervailing measures);
Association of Russian producers, the majority of participants which produce directly competing product (when you apply for the application of special safeguard measures) or a similar product (when you apply for the application of anti-dumping measures or countervailing measures);
Association of Russian manufacturers, which include manufacturers of more than 50 percent of the total production in the Russian Federation directly competing product (when you apply for the application of special safeguard measures), or similar goods (when you apply for the application of anti-dumping measures or countervailing measures).
The application specified in part 1 of this article may also be submitted by these persons in accordance with civil law credentials properly. (The paragraph is supplemented by federal law from 30.12.2006 N 280-FZ)
3. The statement specified in part 1 of this article are attached evidence support such statements by Russian manufacturers directly competing goods or similar goods.
Sufficient evidence to support such a declaration are: accession to the statement made by other Russian producers directly competing goods, together with the applicant producing more than fifty per cent of the total volume of production directly competing goods in the Russian Federation (when you apply for the application of special safeguard measures);
documents confirming that the share of Russian producers of similar goods (including the claimant), have voiced support for the statement, 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 Russian producers of similar goods (including the claimant), have voiced support for the statement is more than fifty per cent of the production of similar goods Russian manufacturers , raised his opinion (or disagreement) concerning statements (when applying for the use of anti-dumping measures or countervailing measures).
4. a declaration referred to in part 1 of this article shall contain: information about the applicant, on the volume of production in quantitative and monetary terms directly competing product (when you apply for the application of special safeguard measures), or similar goods (when you apply for the application of anti-dumping measures or countervailing measures) branch of the Russian economy in the previous period, as well as on the level of production in quantitative and monetary terms directly competing product (when you apply for the application of special safeguard measures), or similar goods (when applying for application anti-dumping measures or countervailing measures) the Russian producers, which signed the statement, and their share in the total production in the Russian Federation directly competing product (when you apply for the application of special safeguard measures) and similar goods (when you apply for the application of anti-dumping measures or countervailing measures);
description of imported to the customs territory of the Russian Federation of the goods in respect of which it is proposed to introduce a special protective measure, the anti-dumping measure or measure of compensation, with the indication of codes of commodity nomenclature of foreign-trade activity, applied in the Russian Federation, the name of the country or countries of origin or departure of the goods based on customs statistics of foreign trade of the Russian Federation, information about known foreign producers and/or exporters of the goods of famous Russian importers of this product as well as the basic known users of this product; (As amended by the Federal law of 30.12.2006 N 280-FZ) information about how to change the volume of imports into the customs territory of the Russian Federation prior to the goods in respect of which it is proposed to introduce a special protective measure, the anti-dumping measure or a compensatory measure;
for information about modifying in exports directly competing product (when you apply for the application of special safeguard measures), or similar goods (when you apply for the application of anti-dumping measures or countervailing measures) from the customs territory of the Russian Federation in the previous period.
5. in addition to the provisions specified in part 4 of this article, depending on the requested action by the claimant in the statement shall contain the following: evidence of increased imports of the goods in respect of which it is proposed to introduce a special protective measure, evidence of serious damage to the Russian economy industry or threat of serious harm to the industry of the Russian economy as a result of increased imports of the goods in respect of which it is proposed to introduce a special protective measure, the proposal for the introduction of special protective measures, together with an indication of the size and duration of such measures adaptation plan industry of the Russian economy to work under foreign competition during the period of validity of the applicant's proposed special safeguard measures (statement on the application of special safeguard measures);
information about the availability of dumped imports of the goods in respect of which proposed to introduce anti-dumping measure, evidence of damage to the Russian economy's industries as a result of dumped imports of the goods in respect of which it is proposed to introduce anti-dumping measure, the proposal to impose anti-dumping measures, together with an indication of the size and duration of such measures (statement on the application of anti-dumping measures);
information on the existence and nature of specific grants of the foreign State (or Union of foreign States) and, if possible, its amount, evidence of damage to the Russian economy industry due to subsidized imports of the goods in respect of which it is proposed to introduce a compensatory measure, the proposal to introduce compensation measures with the size and duration of such measures (statement on the application of compensation measures). (As amended by the Federal law of 30.12.2006 N 280-FZ) evidence of serious injury or threat of serious harm to the industry of the Russian economy (in the case of an application for an investigation prior to the application of special safeguard measures) and evidence of material injury or threat of material injury sector of the Russian economy or significantly slowing the creation of sector of the Russian economy due to the dumped imports and the subsidized imports (in the case of an application for an investigation prior to the application of anti-dumping measures or countervailing measures) shall be based on objective factors, which characterize the economic situation of the sector of the Russian economy and can be expressed in quantitative terms (including the volume of production of the goods, and the volume of its implementation, the proportion of the goods in the market of the Russian Federation, the cost of production of the goods, the price of the product, data on loading the production capacities, productivity, profit size, profitability, production and sale of goods, the amount of investment in the sector of the Russian economy). (The paragraph is supplemented by federal law from 30.12.2006 N 280-FZ)
6. Submission specified in part 1 of this article, is the day when such a declaration in the authority conducting the investigation.
7. When specifying the values contained in the declaration specified in part 1 of this article shall, for the purpose of comparability the currency should be used for reference for customs statistics of foreign trade of the Russian Federation.
8. the information contained in the statement specified in part 1 of this article shall be certified by the leaders of the Russian producers that provided such information, as well as their employees responsible for bookkeeping and accounting, part information directly relating to data producers.

9. a declaration referred to in part 1 of this article, with its non-confidential versions of the application (if the statement contains confidential information) is submitted to the authority conducting the investigation, and shall be registered on the same day, statements in the body.
10. a declaration referred to in part 1 of this article, the application of special safeguard measures, anti-dumping measures or countervailing measures was rejected on the following grounds: failure when applying material specified in parts 3, 4 and 5 of this article;
the unreliability of the materials submitted by the applicant, provided by paragraphs 3, 4 and 5 of this article.
Deviation of statements on other grounds is not allowed.
11. the authority conducting the investigation, before deciding on the start of the investigation, notify in writing the authorized body of the foreign State (or Union of foreign States), from which the exported goods that may be subject to investigation on the flow to consider allegations of anti-dumping measures or countervailing measures.
12. the authority conducting the investigation, with a view to taking a decision to initiate an investigation within thirty calendar days from the date of registration of the application specified in subsection 1 of this article examines the adequacy and accuracy of the evidence and the information contained in this statement, in accordance with the provisions of parts 3, 4 and 5 of this article. This period may be extended if necessary body investigating, additional information from the applicant, but in all cases, such period shall not exceed sixty calendar days.
13. a declaration referred to in part 1 of this article may be withdrawn by the applicant before the start of the investigation or during the vote.
If an application referred to in part 1 of this article is withdrawn before the start of the investigation, it is considered nepodannym.
If an application referred to in part 1 of this article shall be revoked in the course of an investigation, it shall be terminated without the adoption of protective measures, anti-dumping measures or countervailing measures.
14. Before a decision is taken to initiate an investigation of the information contained in the declaration specified in part 1 of this article shall not be subject to public disclosure.
Article 26. The beginning of the investigation and its conduct 1. Authority conducting the investigation, prior to the expiration date specified in part 12 of article 25 hereof, decide to initiate an investigation or not.
When making a decision on refusal to conduct an investigation authority conducting investigation in writing within a period of not more than ten calendar days from the date of such decision shall notify the applicant of the reason for the failure of the investigation.
When deciding whether to initiate an investigation authority conducting the investigation, notifies in writing the authorized body of the foreign State (or Union of foreign States), from which the exported goods, is the subject of the investigation, as well as other known interested parties of the decision and provides a term of not more than five working days from the date of adoption of the decision on the beginning of the investigation, the publication of a notice of the initiation of an investigation in accordance with paragraph 1 of article 35 of this federal law. The day of publication of the notice of initiation of an investigation the day recognized the beginning of the investigation.
2. the authority conducting the investigation, may decide to initiate an investigation, including on its own initiative, only if in possession of the body of evidence of the existence of increased imports and the resulting serious harm Russian economy industry or threat of serious harm to the industry of the Russian economy or the availability of dumped imports and the subsidized imports and the resulting damage to the sector of the Russian economy.
If such evidence is not sufficient to carry out the investigation, the investigation may not be commenced. (As amended by the Federal law of 30.12.2006 N 280-FZ) 2-1. After the decision to initiate an investigation authority conducting the investigation, directs the famous Russian manufacturers it directly competing product (in the case of an investigation prior to the application of special safeguard measures), or similar goods (in the case of an investigation prior to the application of anti-dumping measures or countervailing measures) to the list of issues, to which they must respond in order to conduct an investigation.
Russian manufacturers directly competing product (in the case of an investigation prior to the application of special safeguard measures), or similar goods (in the case of an investigation prior to the application of anti-dumping measures or countervailing measures), which was sent a list of questions is provided thirty calendar days from the date of receipt of such a list to submit their replies to the authority conducting the investigation. For motivated and set out in writing the request of Russian manufacturers directly competing product (in the case of an investigation prior to the application of special safeguard measures), or similar goods (in the case of an investigation prior to the application of anti-dumping measures or countervailing measures), the specified term may be extended by a body conducting an investigation, but no more than ten calendar days.
For the purposes of this article, the list of issues is deemed to have been received by Russian manufacturer within seven calendar days from the day it is sent by mail or from the day it is transmitted directly to the representative of the Russian manufacturer.
(Part is supplemented by federal law from 30.12.2006 N 280-FZ)
3. the interested party has the right to State in writing of its intention to participate in the investigation. These persons are recognized as parties to the investigation from the day of submission of the application to the authority conducting the investigation, and shall enjoy all the rights granted to them by this federal law.
Participants in the investigation has the right to submit not later than the date specified in the notification of the initiation of an investigation needed to investigate information, including confidential information, with an indication of the source of such information.
Authority conducting the investigation shall have the right to request party investigation to submit additional information. Additional information may not be taken into account if they were presented after thirty calendar days from the date of receipt of the request.
Authority conducting the investigation, provides participants with copies of statements, investigation specified in subsection 1 of article 25 hereof, or its non-confidential versions (if the statement contains confidential information).
Authority conducting the investigation, taking into account the need to protect confidential information in accordance with article 32 of the present Federal Act gives members of the investigation at their request in writing information provided in writing by any interested person as evidence relating to the subject-matter of the investigation, to familiarize yourself with this information. Authority conducting the investigation, provides the participants with an opportunity to familiarize themselves with the other investigations related to the investigation and used them during the investigation, but non-confidential information in accordance with paragraph 1 of article 32 of this federal law.
4. consumers which is the object of investigation of the goods if they are using this product in production, representatives of public associations of consumers, public authorities and local self-government bodies as well as other persons may submit information, which are relevant to the inquiry.
5. Evidence and information related to the investigation, should be submitted to the authority conducting the investigation, in Russian, and the original documents, which are in a foreign language must be accompanied by a translation into the Russian language with the identity represented by the translation.
6. In case if the person denies the authority conducting the investigation, providing the necessary information for investigation purposes, or does not provide such information within the period stipulated in part 3 of this article, the preliminary and final conclusions about the results of the inquiry may be made by the investigating authority, based on the information available to it.
7. The Federal Executive authority authorized in the field of customs, the Federal Executive authority authorized in the field of State statistics, other federal executive authorities and executive authorities of the constituent entities of the Russian Federation should assist in the investigation and to provide, upon request, the authority conducting the investigation required in order to conduct the investigation, including information containing confidential information.

8. If, within the two years immediately preceding the day of commencement of the investigation, one Russian producer, who supported the application specified in part 1 of article 25 hereof, accounted for more than thirty-five per cent of the production in the Russian Federation directly competing product (an investigation prior to the application of special safeguard measures), or similar goods (when an investigation prior to the application of anti-dumping measures or countervailing measures), or if the total amount of import of the goods which is the object of investigation is less than twenty-five per cent of the total sales of this product and directly competing product (an investigation prior to the application of special safeguard measures) or the goods and similar goods (when an investigation prior to the application of anti-dumping measures or countervailing measures) in the market of the Russian Federation, the authority conducting the investigation, finally gets the Federal Executive Body in the field of antimonopoly policy on impacts of special protective measures , anti-dumping measures or countervailing measures on competition in the market of the Russian Federation. Such an opinion must be submitted to the Federal Executive Body in the field of antimonopoly policy of the authority conducting the investigation, within thirty calendar days from the date of receipt of the request of the authority conducting the investigation. This request must be accompanied by material identified in parts 4 and 5 of article 25 hereof. (As amended by the Federal law of 30.12.2006 N 280-FZ)
9. period of investigation should not exceed nine months from the date of the initiation of an investigation based on allegations of special protective measures. This period may be extended by a body conducting an investigation, but no more than three months; (As amended by the Federal law of 30.12.2006 N 280-FZ) of twelve months from the date of the initiation of an investigation based on allegations of anti-dumping measures or countervailing measures. This period may be extended by a body conducting an investigation, but no more than six months.
In the case of provisional ad hoc duties, provisional anti-dumping duty or provisional countervailing duty investigations should be completed before the expiration of the relevant provisional duties.
The investigation shall be completed on the day of submission to the investigating authority, the Government of the Russian Federation report on the outcome of the investigation body.
10. The investigation shall not preclude the customs clearance of the goods subject to the investigation.
11. In case the number of Russian manufacturers directly competing goods or similar goods is so large that the claimant was unable to provide evidence to support specified in subsection 1 of article 25 hereof or statements of disagreement with him, the complainant has the right to appeal to the authority conducting the investigation, a request that the investigation was initiated by the specified authority on its own initiative.
Article 27. Public hearings 1. Based on submitted within the term determined in accordance with this federal law, the petition in writing of any of the parties to the investigation, the authority conducting the investigation, provides for a public hearing.
2. the authority conducting the investigation, within five calendar days of receipt specified in part 1 of this article the petition must send participants investigate notification of time and place of the public hearings, as well as a list of issues addressed during the public hearings.
The time of the public hearings is appointed no earlier than fifteen calendar days from the date of giving notice.
3. public hearing participants shall be entitled to take part investigations or their representatives, as well as persons involved in order to view available information relevant to the investigation.
During the public hearings, the parties to the investigation may present their views and submit evidence relevant to the investigation. The representative body shall have the right to define investigating audience questions on the merits of their reported facts. Participants in the investigation may also ask each other questions and to give answers to them.
Participants of the public hearings are not required to disclose information accepted by confidential in accordance with article 32 of the present Federal law.
4. The information presented during the public hearings orally shall be taken into account during the investigation, if within fifteen calendar days after the holding of public hearings, they were provided by the inquiry in writing in accordance with the requirements of part 5 of article 26 of this federal law. Provided in writing information may contain sensitive information.
Article 28. The investigation prior to the application of anti-dumping measures or countervailing measures 1. After the decision to initiate an investigation authority conducting the investigation, directs known him foreign exporters and/or producers of the products which are the subject of the investigation, a list of questions which they must answer in order to conduct an investigation.
Foreign exporters and/or producers of the products which are the subject of the investigation, which was sent a list of the relevant issues is available 30 calendar days from the date of receipt of such a list to submit their replies to the authority conducting the investigation. For motivated and set out in writing the request by foreign exporters and/or producers of the products which are the subject of the investigation, the specified term may be extended by a body conducting an investigation, but no more than ten calendar days.
For the purposes of this article, the list of issues is deemed to have been received by the foreign exporter and/or manufacturer within seven calendar days from the day it is sent by mail or from the day it is transmitted directly to a representative of a foreign exporter and/or manufacturer.
Responses to the list of issues considered to be received by the investigating authority, if they reach the specified body no later than seven calendar days from the date of expiration of the period specified in the second subparagraph of this paragraph, the term of thirty (30) or from the date of the expiration of the extension.
2. In order to verify submitted information during an investigation or to obtain additional information related to the inquiry, the authority conducting the investigation, may conduct investigations on the territory of a foreign State subject to the consent of the foreign exporter or producer of the goods, which is the object of investigation, as well as subject to prior notification to the representatives of the Governments of the respective foreign State and the absence of the State objections in relation to the investigation on its territory.
3. In order to verify submitted information during an investigation or to obtain additional information related to the inquiry, the authority conducting the investigation shall have the right to send representatives to the location of Russian importers of the goods subject to the investigation, or the Russian manufacturers of similar goods, consultations and discussions with stakeholders, to get acquainted with samples of the products which are the subject of the investigation, and take other necessary for the investigation and do not contradict the legislation of the Russian Federation.
4. the authority conducting the investigation, pending the submission of the report to the Government of the Russian Federation containing proposals on the basis of the final results of the investigation, the investigation will communicate for the information of participants in advance of non-confidential version of the report, as well as provides its placement on the official website of the authority conducting the investigation, information and telecommunication network "Internet" for parties to the investigation had the possibility to defend their interests. (As amended by the federal laws of 30.12.2006 N 280-FZ; 11 N 200-FZ), Article 29. Features of the investigation prior to the application of anti-dumping measures

1. At the request of the parties to the inquiry in writing to the authority conducting the investigation, decides on the negotiating parties to the investigation, have opposing viewpoints on the subject of the investigation, appoint a day and place of such negotiations and shall notify the parties to the investigation not later than fifteen days before the appointed day. Participants in the investigation has the right to express their views and present their evidence to the inquiry. When this investigation are not obliged to disclose information accepted by confidential in accordance with article 32 of the present Federal law. Representatives of the authority conducting the investigation shall have the right to participate in these negotiations.
2. the authority conducting the investigation, as a rule, determine an individual margin of dumping for each known exporter foreign and (or) the manufacturer of the products which are the subject of the investigation.
If the number of foreign exporters, foreign producers, Russian importers of the products which are the subject of the investigation or the number of products subject to investigation is so large that determine individual dumping margin is almost impossible, the authority conducting the investigation, can use the limit definition of an individual dumping margin on the basis either of the acceptable number of interested persons or goods on the basis of statistics available at the time of the analysis, or from the biggest share of exports of goods from the corresponding foreign State.
For the purposes of this part, the choice of the foreign exporters, foreign producers, Russian importers of the products which are the subject of the investigation or the range of goods subject to the investigation, carried out in coordination with the respective exporters, manufacturers, importers.
If the authority conducting the investigation, uses restriction in accordance with the provisions of this part, it also defines an individual dumping margin in relation to each of the foreign exporter or foreign producer that originally were not selected, but provided the necessary information in due time for consideration during the investigation period.
3. the authority conducting the investigation, determines a single dumping margin against all known foreign exporters or foreign producers of products which are the subject of the investigation, if the number of foreign exporters or foreign producers of this product is so great that determine individual dumping margin would have been nearly impossible and would prevent the timely completion of the investigation, and in the case referred to in part 3 of article 12 hereof.
4. If several simultaneous investigations of dumped imports of the same product from several foreign States, such investigations could be merged body investigating, one investigation under the condition that the dumping margin determined in respect of the dumped imports of the goods from each of the foreign State, is greater than the minimum allowable margin of dumping and volume of dumped imports of this product from each foreign country will not be insignificant, taking into account the provisions of the second part of paragraph 5 of this article.
5. the investigation shall be terminated if the authority conducting the investigation, determines that the dumping margin is less than the minimum allowable margin of dumping or the amount of incident or potential dumped imports or import such prejudice caused by the size of the branch of the Russian economy is insignificant.
The volume of dumped imports from a particular foreign country is negligible if the volume of such imports is less than three per cent of the total imports of similar goods into the customs territory of the Russian Federation, provided that foreign Governments, private share each of which dempingovom import is less than three per cent of the total imports of similar goods into the customs territory of the Russian Federation, collectively account for not more than seven per cent of the total imports of similar goods into the customs territory of the Russian Federation.
Article 30. Features of the investigation prior to the application of countervailing measures 1. The investigation is terminated, if the authority conducting the investigation, determines that the size of specific grants of the foreign State (or Union of foreign States) is the minimum amount of either incident or possible subsidized imports or import such prejudice caused by the size of the branch of the Russian economy is insignificant. For the purposes of this part: the size of specific grants of the foreign State (or Union of foreign States) is minimal, if is less than one percent of the value of the goods;
the volume of subsidized imports is recognized as a minor, if consistent with the provisions established by the second paragraph of part 5 of article 29 hereof.
2. An investigation in respect of the products which are the subject of subsidized imports and coming from a developing country member of the national system of preferences of the Russian Federation shall cease to be valid if the body conducting the investigation, finds that the overall size of the specific grants of the foreign State (or Union of foreign States), available in respect of the goods does not exceed two per cent of its value per unit or share of imports of this product from such a country of total imports of the goods in the customs territory of the Russian Federation does not exceed four per cent provided that the total share of import of the goods on the customs territory of the Russian Federation from developing countries, each of which account for no more than four per cent of the total imports of the goods in the customs territory of the Russian Federation does not exceed nine per cent of the total imports of the goods in the customs territory of the Russian Federation.
Article 31. Stakeholders in the conduct of an investigation 1. Stakeholders in the conduct of an investigation may be: Russian manufacturer directly competing product, combining the Russian manufacturers, most of which are producers of directly competing goods, or Union of the Russian manufacturers, whose members carry out the production of more than 50 percent of the total production in the Russian Federation directly competing product (when you apply for the application of special safeguard measures);
Russian manufacturer of similar goods, the unification of the Russian manufacturers, most of which are producers of similar goods, or Union of the Russian manufacturers, whose members carry out the production of more than 50 percent of the total production of similar goods in the Russian Federation (when applying for the use of anti-dumping measures or countervailing measures);
foreign exporter foreign producer or the importer of Russian goods, which is the subject of the investigation, the Association of foreign persons, the majority of which are the producers and/or exporters of that product, the Russian Association of legal persons, the majority of participants which are importers of the goods;
the Government of a foreign State and (or) the authorized body of the country of origin or export of products which are the subject of the investigation or the authorized body of the Union of foreign States, which includes countries of origin or export of the goods;
associations of consumers, if this product is the subject of consumption mostly individuals;
consumers of the products which are the subject of the investigation, if they use this product in the manufacture of such products, and consumers. (The paragraph is supplemented by federal law from 30.12.2006 N 280-FZ)
2. the interested party referred to in paragraph 1 of this article, acting in the course of the investigation, directly or through their representatives, which have, in accordance with the civil legislation of the Russian Federation credentials properly.
If the interested person in the course of the investigation, acting through an authorized representative, the authority conducting the investigation, informs the interested person all the information about the subject of the investigation only through this representative.
Article 32. Confidential information

1. the information provided by the interested person to the authority conducting the investigation, is considered confidential when submitting this person studies indicating that disclosure of such information can provide a competitive advantage to a third party or would entail adverse consequences for the person submitting such information or to the person from whom the person has received such information. Confidential information shall not be disclosed without the permission of submitting it by the person concerned, except in cases provided for by federal laws.
Authority conducting the investigation shall have the right to demand from the person concerned confidential information non-confidential version of its submission. Non-confidential version should contain sufficient information to understand the substance of the confidential information provided. In cases where the answer to the requirement of the authority conducting the investigation, the submission of non-confidential version of the confidential information to the person concerned declares that confidential information cannot be represented in this form, the person must provide proof of the impossibility of submitting sensitive information in this form.
If the authority conducting the investigation, finds that the rationale presented by the interested party, does not allow you to include information provided to confidential information or the person concerned, not submitting non-confidential version of the confidential information is and prove the impossibility of submitting sensitive information in this form or information that are not justification for inability to view sensitive information in this form, the authority conducting the investigation, you may ignore this information.
2. the authority conducting the investigation, shall be under the legislation of the Russian Federation responsible for the disclosure of confidential information.
Article 33. Distinctions of determining of branches of the Russian economy in the case of dumped imports or subsidized imports 1. In conducting the investigation, prior to the introduction of anti-dumping measures or countervailing measures branch of the Russian economy is understood as established in article 2 hereof, except in the cases referred to in paragraphs 2 and 3 of this article.
2. In case the Russian manufacturers of similar goods are importers of the goods which are the subject of the allegedly dumped imports and the subsidized imports, or are related to exporters or importers of such goods, under the sector of the Russian economy can be understood only by other Russian producers of similar goods. (As amended by the Federal law of 30.12.2006 N 280-FZ)
3. in determining the industry of the Russian economy, the territory of the Russian Federation may be treated as a territory where there are two or more competing markets, and Russian producers within one of the aforementioned markets may be regarded as a separate industry sector of the Russian economy, if manufacturers are selling at a market not less than eighty per cent of similar goods produced by them, and demand for such a market for similar goods shall not be granted to a large extent Russian manufacturers of this product which the rest of the territory of the Russian Federation. In such cases, the existence of harm as a result of the dumped imports or subsidized imports can be installed, even if the main part of the sector of the Russian economy will not suffer damage, provided that the sale of the goods which are the subject of the dumped imports or subsidized imports, focuses on one of the competing markets and dumped imports or subsidized imports cause damage not less than eighty per cent of the Russian manufacturers of similar goods within such a market.
4. If the Russian economy sector is understood as prescribed by part 3 of this article, and on the results of the investigation decision on the application of anti-dumping measures or countervailing measures, this measure may be imposed in respect of imports of goods, was the subject of the investigation to the customs territory of the Russian Federation. In this case, the anti-dumping duty or countervailing duty is introduced only after giving exporters of goods, which was the subject of the investigation, the possibility to stop the export of such goods in a given territory at prices lower than its normal value (when dempingovom importing) or at prices different from the usual trade (with subsidized imports), or to accept the obligations referred to in paragraph 1 of article 15 (at dempingovom) or in part 1 of article 22 (with subsidized imports) this federal law provided that such a possibility by exporters was not used.
5. On adjustable this article relationship shall be subject to the provisions of part 6 of article 13 (at dempingovom) or part 6 of article 20 (with subsidized imports) of this federal law.
Article 34. Consultations for establishing the existence of the alleged specific grants of the foreign State (or Union of foreign States) 1. After taking to deal with the application specified in subsection 1 of article 25 hereof, and before deciding on the start of the investigation authority conducting the investigation, may propose to the competent authority of a foreign State (or Union of foreign States), which exported the goods in respect of which it is proposed to introduce a compensatory measure, to hold consultations in order to clarify the situation regarding availability, size and effects of the alleged specific grants of the foreign State (or Union of foreign States) and reach a mutually acceptable solution. Such consultations may continue in the course of the investigation.
2. hold consultations in order to clarify the situation regarding availability, size and effects of the alleged specific grants of the foreign State (or Union of foreign States) does not preclude the investigating authority, of the decision to initiate an investigation, as well as on the results of such an inquiry this body preliminary or final conclusion and adoption of the Government of the Russian Federation decision to apply countervailing measures.
Article 35. Notification of decisions in connection with investigations 1. Notice of initiation of an investigation shall contain: a description of the products which are the subject of the investigation;
the name of a foreign State (or Union of foreign States), from which the exported goods, is the subject of the investigation;
a concise statement of the facts supporting the feasibility of adopting a decision on the initiation of an investigation (in the event of a decision to initiate an investigation based on allegations of special protective measures);
the grounds for determining the existence of dumped imports (in the event of a decision to initiate an investigation based on allegations of anti-dumping measures);
the grounds for determining the existence of specific subsidies (in the event of a decision to initiate an investigation based on allegations of the compensation measures);
a summary of evidence of damage to the sector of the Russian economy (in the case of a decision to initiate an investigation based on allegations of anti-dumping measures or countervailing measures);
the address to which interested parties can send their views in writing and to investigate information;
the period within which interested persons may present their views in writing and to investigate information;
the period during which the participants in the investigation may apply for the holding of public hearings provided for in article 27 of this federal law;
the period during which the participants in the investigation may apply for holding negotiation provided by paragraph 1 of article 29 of this federal law.
The time specified in the notice of initiation of an investigation, the investigating authority shall be determined in accordance with the provisions of this federal law and must be not less than thirty calendar days.
2. the authority conducting the investigation, publishes notices of suspension, termination of investigation, as well as any decision on the imposition, implementation, revision or abolition of the anti-dumping measures or countervailing measures. Such notification shall be sent to the authorized body of the foreign State (or Union of foreign States), from which the exported goods, is the subject of the investigation and other interested parties known to the authority conducting the investigation.

3. notice of the imposition of the provisional anti-dumping duty or provisional countervailing duty must include the clarification of pre-trial detention, the authority conducting the investigation, the presence of dumped imports and the subsidized imports and the resulting damage to the Russian economy, industry as well as an indication of the facts and normative legal acts, on the basis of which the decision on the imposition of the provisional anti-dumping duty or provisional countervailing duty. In addition, the notification shall contain the following information: the name of the foreign exporter of the goods, which is the subject of the investigation or, if lead is not possible, the name of a foreign State (or Union of foreign States), from which it is exported to the Russian Federation this product;
adequate for the purposes of customs clearance item description, which is the subject of the investigation;
the size of the margin of dumping and a detailed description of the reasons for the choice of methodology of calculation and comparison of the normal value of the goods and for their export prices;
reasons for establishing the existence of subsidies and the amount of the grant is calculated per unit of the goods;
the grounds for the establishment of industry damage the Russian economy;
grounds for a positive finding of dumped imports or subsidized imports and the resulting damage to the sector of the Russian economy.
(The part in edition of the Federal law dated Dec. 30 N 280-FZ)
4. The investigation preceding the adoption of protective measures, the authority conducting the investigation, within a period of not more than ten calendar days from the date of completion of the investigation provides publication notice outlining it established facts, applied legal provisions, as well as motivated conclusions, which are specified by the authority on the basis of the analysis of the information at its disposal. (As amended by the Federal law of 30.12.2006 N 280-FZ)
5. Notification of the completion of the investigation, which decided to impose anti-dumping duty or countervailing duty or approving the obligations referred to in paragraph 1 of article 15 (at dempingovom) or in part 1 of article 22 (with subsidized imports) this federal law shall contain information about the facts and applied legal provisions on grounds for making the body investigating the proposal to impose definitive anti-dumping duty or countervailing duty or final approval obligations referred to in paragraph 1 of article 15 (at dempingovom) or in part 1 of article 22 (with subsidized imports) this federal law, as well as an indication of the normative legal acts on the basis of which it is proposed to adopt a decision imposing a definitive anti-dumping duty or countervailing duty final or approving such obligations, taking into account the need to protect confidential information.
In addition, the notification shall contain: the information specified in part 3 of this article;
an indication of the reasons for the acceptance or non-acceptance in the course of the investigation of the arguments and claims submitted by exporters and importers of goods, which was the subject of the investigation;
an indication of the reasons for the adoption of decisions in accordance with parts 2 and 3 of article 29 of this federal law.
(The part in edition of the Federal law dated Dec. 30 N 280-FZ)
6. Notification of completion or suspension of an investigation in connection with the approval of the obligations referred to in paragraph 1 of article 15 (at dempingovom) or in part 1 of article 22 (with subsidized imports) this federal law shall include the non-confidential version of such obligations.
7. the provisions of this article shall apply mutatis mutandis to the notification of beginning and completion of repeated investigations carried out in accordance with articles 10, 17 and 24 of this federal law.
8. Notice of the initiation of the investigation and any other provided for in this chapter and Chapter 6 of this federal law notice must be published in the Official Gazette.
Chapter 6. Final provisions Article 36. Judicial protection of economic disputes and other cases covered by this federal law relationships (including cases on challenging non-regulatory legal acts, decisions and actions (inactivity) of State bodies and officials) are dealt with by arbitration courts. (As amended by the Federal law of 04.06.2014 N 143-FZ) Article 37. Non-application of special safeguard measures, anti-dumping measures, countervailing measures 1. The Government of the Russian Federation within fourteen calendar days from the date of registration submitted by the investigating authority, a report on the results of the investigation may decide not to apply the special safeguard measures, anti-dumping measures or countervailing measures provided for in this federal law, even if such measures meet the criteria and procedures established by the provisions of this federal law.
Such a decision can be taken if the application of such measures could harm the sector of the Russian economy, the economy of the Russian Federation as a whole or a large part of consumers goods, or in other cases of State importance of reasons.
The decision not to apply the special safeguard measures, anti-dumping measures or compensatory measures must be substantiated.
This decision may be reviewed if the causes which are at the basis of this decision have changed.
2. the authority conducting the investigation, provides for a waiver of the publication of a notice in accordance with this article, special protective measures, anti-dumping measures or countervailing measures. Such notification shall be sent to the authorized body of the foreign State (or Union of foreign States), from which the exported goods, the subject of the investigation and other interested parties known to the authority conducting the investigation.
3. Special protective measure, anti-dumping action and compensatory measure shall not be applied if: in accordance with the customs legislation of the Russian Federation, the terms of individual customs regimes and customs procedures for goods non-application of the envisaged economic limitations and restrictions;
goods are imported to the customs territory of the Russian Federation as grant aid (assistance) of the Russian Federation in accordance with the legislation of the Russian Federation.
Article 38. International treaties of the Russian Federation if an international treaty of the Russian Federation stipulates other rules than those provided for in this federal law, the rules of the international treaty shall apply.
Article 39. About repealing the provisions of the legislation of the Russian Federation in connection with adoption of the Federal Law 1. From the date of entry into force of this federal law shall be declared null and void: paragraphs 2 and 5 of article 12, paragraphs 1 and 3 of article 18 April 14, 1998 Federal law N 63-FZ "on measures to protect the economic interests of the Russian Federation in the implementation of foreign trade" (collection of laws of the Russian Federation, 1998, no. 16, p. 1798).
2. on the expiry of twelve months from the date of entry into force of this federal law paragraphs void: second, third and sixth paragraph 1 of article 1, paragraphs, the second to eighth, eleventh to the twenty-fifth article 2, articles 3-5, paras. 1-4 of article 6, article 7-11, paragraphs 1, 3 and 4 of article 12, article 13 and 14, paragraphs 2, 4-14 article 18, articles 19-23 of the Federal law of April 14, 1998 N 63-FZ "on measures to protect the economic interests of the Russian Federation in the implementation of the external trade in goods "(collection of laws of the Russian Federation, 1998, no. 16, p. 1798).
Article 40. On the entry into force of this federal law this federal law shall enter into force on the day of its official publication.
The President of the Russian Federation v. Putin in Moscow, the Kremlin December 8, 2003 N 165-FZ

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