Abstract
The creation of the EurAsEC Customs Union and Russia’s ascension into the WTO has led to a radical change in Russia’s anti-dumping legislation. Antidumping regulation ceased to be a national jurisdiction and was transferred to the Eurasian Economic Commission, a supranational regulator. The new anti-dumping legislation of the EurAsEC Customs Union, antidumping procedures; their principles, participants, and main stages, are analysed in this article; also, the legal treatment of information used in the anti-dumping regulation.
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Notes
Sobranie zakonodatelstva Rossiyskoy Federacii (Collection of the legislation of the Russian Federation, hereinafter CL of RF), (2010), No. 37, (Annex, Part VI), Art. 2654–2678.
CL of RF, (2003), No. 50, Art. 4851.
Access to the texts of the legislative acts of the Republic of Belarus: The National Legal Internet Portal of the Republic of Belarus: http://www.pravo.by.
Access to the texts of the legislative acts of the Republic of Kazakhstan: The Official Site of the Government of the Republic of Kazakhstan: http://ru.government.kz.
In the Agreement, it is stipulated that its power is applicable only to trade in goods; its rules cannot be applied to the regulation of relations connected with the provision of services, works, the transfer of exclusive rights to intellectual property or the provision of the right to use intellectual property as well as investment and foreign exchange controls.
Protocol adopted with the Decision of the EurAsEC Interstate Council of November 19, 2010, Number 59 "On International Agreements on the Application of Special Protective, Anti-dumping and Countervailing Measures in the Customs Union within the Framework of the EurAsEC." The Russian Federation ratified the Protocol in the Federal Law of July 11, 2011, Number 180-FZ "On the Ratification of The Protocol on the Procedure for the Designation of Bodies conducting Investigations, Findings, including those comprising Confidential Information, for the Purpose of Investigation, prior to the Introduction of Special Protective, Anti-dumping and Countervailing Measures against Third Countries", [CL of RF, (2011), No. 29, Art. 4271].
The minimum allowable margin of dumping is understood to be a dumping margin, the amount of which does not exceed 2 %.
The volume of dumped imports from a particular exporting country is negligible if it is less than 3 % of the total imports of the product under investigation to the single customs territory of the Customs Union as subject to the conditions specified in Art. 31 of the Agreement.
References
Kozyrin, A.N. 2012. The Organizational and Legal Basis of Customs Regulation in the EurAsEC Customs Union (in Russian). Reformi i pravo (Reforms and Law) 1: 3–15.
Kozyrin, A.N. 2013. The Scope of Supranational Regulation in the Single Economic Space EurAsEC (in Russian). Reformi i pravo (Reforms and Law) 3: 3–8.
Yalbulganov, A.A., Troshkina, T.N. 2013. Duties in the mechanism of the state regulation of foreign trade activity (in Russian). Finansovoye pravo (Financial Law) 9: 19–23.
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Kozyrin, A.N., Yalbulganov, A.A. Anti-dumping Procedures in the EurAsEC Customs Union. Liverpool Law Rev 36, 183–194 (2015). https://doi.org/10.1007/s10991-015-9169-4
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DOI: https://doi.org/10.1007/s10991-015-9169-4