Protection of National Producers
In the Eurasian Economic Union (EAEU) the common system of trade remedies was created. It includes 3 types of measures:
— safeguard measure which is used in order to limit the increasing volume of imports to the EAEU customs territory. It implies the imposition of import quota (quantitative limit) or special duty (including preliminary special duty).
— anti-dumping measure which is used in order to counteract the dumping imports to the EAEU customs territory. It implies the imposition of anti-dumping duty (including preliminary duty) or the acceptance of new price policy by the exporter.
— countervailing measure which is used in order to counteract the imports of goods produced and (or) exported with specific subsidies of a foreign state (union of foreign states) to the EAEU customs territory. Its mechanism implies the imposition of countervailing duty (including preliminary countervailing duty) or acceptance of obligations by the authority responsible for specific subsidies or by the exporter.
The rules of application of trade remedies are defined in Articles 48 and 49 of the Treaty on Eurasian Economic Union and in Annex 8 to the Treaty (Protocol on the Application of Safeguard, Anti-Dumping and Countervailing Measures to Third Countries).
According to Article 48 of the Treaty the decision on application, modification or cancellation of trade remedies is made by the Eurasian Economic Commission (EEC) after the investigation conducted according to Annex 8 to the Treaty. Such investigations are not conducted at the national level. Within the EAEU, the EEC Department for Internal Market Defence is responsible for conducting investigations and taking decisions on application of trade remedies.
The Treaty provides an opportunity for foreign legal persons to apply to the EAEU Court on disputes concerning the implementation of the EAEU Treaty, EAEU’s international agreements of EAEU, decisions of EAEU administrative authorities, including on the disputes on trade remedies.
Safeguard, anti-dumping and countervailing duties are levied by the customs bodies in addition to the import duties defined in the EAEU Common Customs Tariff.
To get more information on the procedure of implementation of trade remedies or to file an application for the investigation please contact the EEC Department for Internal Market Defence (investigating authority):
119121, Moscow, Smolensky boulevard, 3/5, build. 1.
Contact phone: +7 495 669 24 00, add.12-72.
Fax: +7 495 669 24 00, add.11-09.
When sending confidential information, you should specify the addressee on the envelope as “Investigating authority” or “EEC Department for Internal Market Defence”.
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