RUSSIAN FEDERATION FEDERAL LAW amending the Federal Law "On special protection, anti-dumping, and countervailing measures when importing goods" Adopted by the State Duma on December 8, 2006 Approved by the Federation Council on December 22, 2006 Article 1 Article 1 Amend federal law dated December 8, 2003 N 165-FZ" O OF THE PRESIDENT OF THE RUSSIAN FEDERATION 4851; 2006, N 8, est. 854) the following changes: 1) in Article 2, paragraph 13, the word "higher" is replaced by the words "no less"; 2) in article 6, paragraph 1, of the words "or consumption" should be deleted; Investigations by the investigating authority found that "in the context of the critical situation in the Russian economy, if"; 4) paragraph 2 of article 12, after the words "of this Part," should be supplemented with the words "Article 17, paragraph 5,"; 5) in article 13: (a) , to read: " 3. In analysing the amount of dumped imports, the investigating authority determines whether there has been a significant increase in the dumping of imports of the goods (in absolute numbers or in relation to production or consumption in the Russian Federation) of the same goods). When analyzing the effects of dumped imports on the prices of similar goods in the Russian Federation market, the investigating body sets out the following: Imports, significantly lower than the prices of similar goods in the Russian Federation market; caused dumped imports to a substantial decline in the prices of similar goods in the Russian Federation market; dumped imports of similar goods in the Russian market The Federation, which would have been in the absence of a dumping import. However, neither of the factors established by the analysis of the effects of dumped imports on the prices of similar goods in the Russian Federation market, nor any significant increase in the amount of dumped imports can have determining the damage to the Russian economy as a result of dumped imports. "; b) Part 5, add the following paragraph: " None, none of the factors set out in the the analysis of the effects of dumped imports on the Russian industry "The economy cannot be decisive for the purpose of determining the damage to the Russian economy caused by the dumping of imports."; ), the first part of 8, after the word "takes into account" with the words " all available factors, The number "; 6) of article 16, paragraph 3, should read: " 3. In the event that the authority conducting the investigation uses the restriction provided for in article 29, paragraph 2, of this Federal Act, the rate of anti-dumping duty applied to the unselected for the determination of individual dumping margin, but the time limit for foreign exporters or foreign producers of dumped imports should not exceed the amount of the required information in the course of the investigation weighted average dumping margin, as defined in relation to selected foreign Exporters or foreign producers of dumped imports. In the case of foreign exporters or foreign producers of dumped imports, no individual dumping margin was determined, with the exception of those not selected for determination an individual dumping margin, but that provided the necessary information within the time limit for foreign exporters or foreign producers of dumped imports during the investigation, as well as in the case of if foreign exporters or foreign producers of goods, which is the subject of dumped imports, denies the investigating authority the information necessary for the purposes of the investigation or fails to provide such information within the time limit prescribed in article 26, paragraph 3, of the present report. The Federal Act provides for the application of an anti-dumping duty at a rate determined by comparison of the highest number of rates established for foreign exporters and foreign producers who have been identified individual dumping margin, and the rate calculated by comparison the weighted average normal value of the goods that is the subject of dumped imports and the weighted average export price of the goods subject to the investigation, in accordance with article 12 of this Federal Act of dumped imports. In this comparison, the highest value of the antidumping duty rate is chosen. "; 7) Article 17 should read as follows: " Article 17. Duration and revision of the anti-dumping measure 1. The anti-dumping measure is applied by the decision of the Government of the Russian Federation in the amount and within the time required to remove the damage to the Russian economy's industry due to the dumping of imports. 2. The period of action of an anti-dumping measure shall not exceed five years from the date on which the measure was initiated or from the date of the completion of the reinvestigation, which was carried out in connection with the changed circumstances, and at the same time related to the analysis of dumping Import and related damage to the Russian economy or the expiry of the period of the anti-dumping measure. 3. The decision to extend the duration of the anti-dumping measure is made by the Government of the Russian Federation on the basis of the report submitted by the investigating body on the outcome of the reinvestigation of the expiry date. Anti-dumping measures. Such re-examination shall be conducted by the investigating authority on the basis of a written application filed in accordance with the provisions of article 25 of this Federal Act or on the initiative of the investigating authority. A reinvestigation of the expiry of an anti-dumping measure shall be carried out on the basis of an application filed in accordance with the provisions of article 25 of this Federal Act or upon receipt by the authority conducting the investigation. Investigations into the possibility of resuming dumped imports and causing damage to the Russian economy in the event of termination of the anti-dumping measure. The application for reinvestigation for the purpose of an extension of the anti-dumping measure shall be filed not later than six months before the expiry of the anti-dumping measure. When establishing the possibility of resuming dumped imports and causing damage to the Russian economy industry in the event of termination of the anti-dumping measure, the investigating body will take into account all factors. Such factors include at least one of the following factors: maintaining dumped imports and causing damage to the Russian economy during the period of action; of the Russian economy and the application of anti-dumping measures in whole or in part; the existence of such a situation by foreign producers and (or) the condition of the goods markets that could lead to the resumption of dumped imports and Damage to the Russian economy. The need for a recalculation of the dumping margin and the size of the dumping of anti-dumping duties in relation to the expiry of the anti-dumping measure is to be determined by the investigating authority, Information available to him or her. The reinvestigation of the expiry of the anti-dumping measure should be completed within twelve months from the date of its commencement. The Government of the Russian Federation shall extend the application of the anti-dumping measure until such a reinvestigation is completed. In the event that such a reinvestigation has established that there is no basis for the application of the anti-dumping measure, the amount of the anti-dumping duty imposed during the period of the extension of the application of the anti-dumping measure, are to be returned to the payer in accordance with the procedure established by the customs legislation of the Russian Federation for the return of customs payments. 4. Upon the initiative of the investigating authority or at the request of the person concerned (if at least one year after the imposition of the anti-dumping measure), a reinvestigation may be conducted to determine the need The continuation of the application of the anti-dumping measure and (or) its revision, including the revision of the individual anti-dumping duty, due to changed circumstances. Depending on the purpose of the application for the said reinvestigation, the statement must contain evidence that due to changed circumstances: continued application Anti-dumping measures are not required to counter dumping imports and losses of the Russian economy as a result of dumped imports; the existing size of the anti-dumping measure is more than sufficient to counter it. dumping and eliminating the damage to the Russian economy As a result of dumping imports, the size of such measure; the existing size of the anti-dumping measure is not sufficient to counteract the dumping of imports and the removal of the damage to the Russian economy by dumping imports. The reinvestigation of the changed circumstances should be completed within twelve months of the start of the investigation. 5. The reinvestigation may also be conducted to establish an individual dumping margin for the foreign exporter or foreign producer who did not deliver the goods subject to the investigation during the period of Initial investigation. Such reinvestigation may be initiated by the investigating authority in the event that the exporter or manufacturer makes an application for re-investigation. The statement in this part should contain evidence that a foreign exporter or foreign producer of the goods is not associated with foreign exporters or foreign producers of the goods for which is subject to an anti-dumping measure, as well as evidence that the exporter or the producer of the goods is supplying the goods that are the subject of the investigation to the Russian Federation or is bound by the contractual obligation of delivery of such goods to the Russian Federation substantially, in the case of the exporter or the producer of the goods will suffer significant losses. At the time of the re-investigation, in order to establish an individual dumping margin for the foreign exporter or the foreign manufacturer, an anti-dumping action on the supply of the goods Investigations into the Russian Federation are not applicable to the exporter or the manufacturer. The specified reinvestigation shall be carried out as soon as possible. In any event, this period may not exceed twelve months. 6. The provisions of articles 26 to 29 of the present Federal Act relating to the submission of evidence relating to the investigation and the conduct of an investigation shall apply to the re-examination of the evidence provided for in this article, taking into account the relevant provisions of this article. differences. 7. The provisions of this article shall apply to the obligations assumed by a foreign exporter in accordance with article 15 of this Federal Law, taking into account relevant differences. "; Content: " 4. A grant from a foreign State (union of foreign States) to a specific grant may be based only on evidence of any of the conditions specified in paragraphs 1 and 2 of this article. "; 9) in article 20: (a) Part 7 add the following new second sentence: " None, none of the factors set out by the analysis of the volume of subsidized imports and the impact of subsidized imports on the industry of the Russian economy, cannot be decisive for the purposes of establishing "Damage to the branch of the Russian economy as a result of subsidized imports."; (b) Part 8 should read: " 8. In establishing the threat of material damage to the branch of the Russian economy as a result of subsidized imports, the investigating body takes into account all the factors, including the following factors: nature, size subsidies or subsidies and their possible impact on trade; rate of growth of subsidized imports showing a real possibility of further increase of such imports; The subject of subsidized imports, sufficient export opportunities, or The obvious inevitability of their increase, which indicates the real possibility of increasing subsidized imports of the goods, taking into account the possibility of other export markets to accept any additional exports of the product; The
price level of the goods subject to subsidized imports, if such price levels may lead to lower or lower prices of similar goods in the Russian Federation market and further increase in the demand for goods subject to subsidized imports; stocks at the exporter's The subject of subsidized imports. However, none of the factors listed in this part may be decisive for the purpose of establishing the threat of material damage to the Russian economy's economic sector as a result of the subsidized Import. A decision on the existence of a threat of material damage to the branch of the Russian economy is taken if, in the course of the investigation of the factors mentioned in this Part, the investigating body has come to The conclusion on the inevitability of the continuation of subsidized import and the infliction of material damage to the Russian economy's branch of the Russian economy in the event of non-compensating measure. ";
10), article 24 should read as follows: " Article 24. Duration and revision of compensation measure 1. The compensatory measure shall be applied to the decision of the Government of the Russian Federation in the amount and within the time required to remove the damage to the Russian economy as a result of subsidized imports. 2. The period of compensation shall not exceed five years from the start of the measure or from the date of the completion of the reinvestigation, which was carried out in connection with the changed circumstances, and at the same time related to the analysis of subsidized imports and related damage to the Russian economy or to the expiry of the compensatory measure. 3. The decision to extend the compensatory measure shall be taken by the Government of the Russian Federation on the basis of the report submitted by the investigating body on the outcome of the reinvestigation of the expiry date. compensation measure. Such re-examination shall be conducted by the investigating authority on the basis of a written application filed in accordance with the provisions of article 25 of this Federal Act or on the initiative of the investigating authority. A reinvestigation of the expiry of the compensatory measure shall be subject to the existence of an application filed in accordance with the provisions of article 25 of this Federal Act or upon receipt by the body conducting the countervailing measure. Investigations, information on the possibility of continuation or resumption of subsidized import and damage to the Russian economy in the event of the termination of the countervailing measure. A reinvestigation statement for the purpose of extending the compensatory measure shall be filed not later than six months before the expiry of the compensatory measure. When establishing the possibility of continuation or renewal of subsidized imports and damage to the Russian economy if the countervailing measure is terminated, the investigating body shall take into account all available measures. Factor. Such factors include at least one of the following factors: retention of subsidies, including the retention of benefits from previous subsidies, and damage to the Russian economy; The link between the elimination of damage to the Russian economy and the application of a compensatory measure wholly or partly; the existence of such a situation by foreign producers and (or) such condition of the markets of the goods that may result in the resumption of subsidized import and damage branches of the Russian economy. The need to recalculates the amount of the grant per unit of goods and the amount of the countervailing duty in the reinvestigation of the expiry of the compensatory measure shall be determined by the investigating authority, Information available to him or her. A reinvestigation of the expiry of the compensatory measure should be completed within twelve months from the date of commencement. The Government of the Russian Federation shall extend the application of the countervailing measure until such re-investigation is completed. In the event that such reinvestigation has established that there is no justification for the countervailing measure, the amount of the countervailing duty imposed over the period of time to which the compensatory measure has been extended, are to be returned to the payer in accordance with the procedure established by the customs legislation of the Russian Federation for the return of customs payments. 4. Upon the initiative of the investigating authority or at the request of the person concerned (in the event that, after the introduction of the countervailing measure, a period of not less than a year has elapsed), a reinvestigation may be conducted to determine the need Continued application of the compensatory measure and (or) its revision due to changed circumstances. Depending on the purpose of the application for the said reinvestigation, the statement must contain evidence that due to changed circumstances: continued application Countervailing measure is not required to counter subsidized imports and to repair the damage to the Russian economy as a result of subsidized imports; the existing compensation measure exceeds the sufficient amount for Countermeasures to subsidized import and damage to the Russian economy As a result of subsidized imports, the size of such measure; the existing compensatory measure is not sufficient to counteract subsidized imports and eliminate the damage to the Russian economy as a result of subsidized imports. The reinvestigation of the changed circumstances should be completed within twelve months of the start of the investigation. 5. The provisions of articles 26 to 28 and 30 of the present Federal Act relating to the presentation of evidence relating to the investigation and the conduct of an investigation shall apply to the re-investigation of the relevant articles of the Covenant, taking into account the relevant provisions of this article. differences. 6. The provisions of this article shall apply to obligations assumed by a foreign State (union of foreign States) or an exporter under article 22 of this Federal Act, subject to appropriate differences. "; 11) In article 25: a), part 2 should be supplemented with the following paragraph: " Declaration referred to in Part 1 of this Article may also be made by representatives of these persons having in accordance with civil law duly completed authority. "; b) in the paragraph third part 4 of the word "as well as" to be deleted, supplemented by the words "as well as the main known consumers of the product"; in Part 5: , paragraph 4, after the word "availability", should be supplemented with the words "and character"; add the following paragraph: "Evidence of serious harm or threat of serious damage to the Russian economy" (in case of an application for investigation prior to the application) special protective measures) and evidence of material damage, or The threat of causing material damage to the Russian economy or a significant slowdown in the establishment of the Russian economy as a result of dumped imports or subsidized imports (in the case of an application for an investigation, The previous application of the anti-dumping or countervailing measure) is based on objective factors that characterize the economic situation of the Russian economy and can be expressed in quantitative terms (including: the volume of production and the volume of its sale, the share of the goods in the market OF THE PRESIDENT OF THE RUSSIAN FEDERATION Economics). "; 12) in article 26: (a) paragraph 2 of Part 2, paragraph 2, should read: " In the event that such evidence is not sufficient to carry out an investigation, such an investigation cannot be initiated. "; b) to be completed with Part 2-1 as follows: " 2-1. Following the decision to launch an investigation, the investigating authority sends a direct competitive goods to the Russian producers known to it (in the case of an investigation prior to the use of the special protective equipment). measures) or similar goods (in the case of an investigation prior to the application of an anti-dumping measure or countervailing measure), the list of issues to which they are required to answer for the purpose of conducting an investigation. Russian producers of direct competitive goods (in the case of an investigation prior to the application of a special protective measure) or similar goods (in the case of an investigation prior to the application) of the anti-dumping or countervailing measure) to which the list of issues has been transmitted shall be provided for thirty calendar days from the date of receipt of such a list for the submission of its replies to the investigating authority. Based on a reasoned and written request from Russian producers of a direct competitive product (in the case of an investigation prior to the application of a special protective measure) or similar goods (in the case of The period may be extended by the investigating authority, but not more than ten calendar days, by an investigation prior to the application of the anti-dumping or countervailing measure. For the purposes of this article, the list of issues shall be deemed to be received by the Russian manufacturer in seven calendar days from the date of its dispatch or from the date of its transfer directly to the representative of the Russian manufacturer. "; The first sentence of Part 8 should read as follows: " In the case of the two years immediately preceding the day of the investigation, one Russian manufacturer who supported the declaration referred to in article 25, paragraph 1, of the present Federal Act, which accounts for more than thirty-five per cent OF THE PRESIDENT OF THE RUSSIAN FEDERATION Anti-dumping or countervailing measures), or if the total volume of the import of the goods subject to investigation is less than twenty-five per cent of the total delivery of the goods and directly competing goods (at in the case of an investigation prior to the application of a special protective measure) or a similar commodity (in the case of an investigation prior to the application of the anti-dumping or countervailing measure) in the Russian Federation market, the investigating body receives the conclusion of the federal authority on the effects of special protection measures, anti-dumping measures or countervailing measures on competition in the Russian Federation market. "; reading:
" nine months from the beginning Investigations based on the application of a special protective measure. This period may be extended by the investigating authority, but not more than three months; "; 13) of article 28, paragraph 4, as follows: " 4. The investigative body, prior to the submission to the Government of the Russian Federation of a report containing proposals prepared taking into account the final results of the investigation, sends an advance notice to the participants in the investigation The non-confidential version of this report, and also ensures that it is posted on the official website of the investigating authority on the Internet so that the participants in the investigation can defend their interests. "; 14) Article 31, paragraph 1, should be supplemented with the following paragraph: "Consumers of the goods that are the subject of an investigation, if they are using the product in the production of the goods, and if such consumers are united."; (15) in article 33, paragraph 2, the word "understood" should be replaced by the words "may be understood"; 16) in article 35: a) Part 3 should read: " 3. Notification of the provisional anti-dumping duty or provisional countervailing duty should include an explanation of the preliminary opinion of the investigating authority on the existence of a dumping import or dumping Import and consequential damage to the Russian economy, as well as the indication of facts and regulatory legal acts on the basis of which a decision was made to impose a preliminary anti-dumping duty or provisional countervailing duty. In addition, the notification should contain the following information: the name of the foreign exporter of the goods under investigation or, if such data is not possible, the name of the foreign State (union ), from which the goods are exported to the Russian Federation; sufficient for customs clearance to describe the goods subject to investigation; dumping margin and details a description of the reasons for choosing the calculation and comparison methodology The normal value of the goods and its export price; grounds for establishing the existence of a subsidy and the calculated amount of the subsidy per unit of goods; grounds for determining the damage to the Russian economy's industry; grounds for obtaining a positive opinion on the existence of dumped imports or subsidized imports and the resulting damage to the Russian economy. "; b) in Part 4, the words" on the main conclusions "should be replaced with the words" c of the established facts, the legal norms applied, and In Part 5, paragraph 5 should read: " 5. Notification of the completion of the investigation, which resulted in the imposition of an anti-dumping duty or countervailing duty, or on the approval of the obligations set out in article 15 (1) (dumping) or article 22 (1) (subject to the subsidized import) of this Federal Law shall contain information on the established facts and the applicable legal rules, the grounds for the proposal to be made by the investigating body, the proposal for the establishment of the final Anti-dumping duty or final countervailing duty or approval The obligations set out in article 15 (1) (dumping) or article 22 (1) (subject to import subsidized) of this Federal Act, as well as an indication of the normative legal acts upon which the decision is to be taken The imposition of a final anti-dumping duty or final countervailing duty or the approval of such obligations, taking into account the need to protect confidential information. In addition, the notification shall contain: information specified in Part 3 of this Article; specifying reasons for acceptance or failure to investigate the arguments and claims submitted by the exporters; and Importers of the product under investigation; the reason for making decisions in accordance with article 29, parts 2 and 3 of this Federal Law. ". Article 2 30 days after its official publication. President of the Russian Federation Vladimir Putin Moscow, Kremlin 30 December 2006 N 280-FZ
