Protection of Belarusian Producers

The use of the instruments of domestic market protection is an important factor in protection of the interests of national producers from the negative effects of foreign competition.

Within the framework of the Customs Union of the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, a unified mechanism was created to apply special safeguard, antidumping and countervailing measures on imports from third countries:

special safeguard measure – a measure to limit the increased import into the common customs territory of the Customs Union. It is implemented through the introduction of import quotas (quantitative restrictions) or special duties, including provisional special duties.

anti-dumping measure – a measure to counter the dumped imports into the common customs territory of the Customs Union. It is implemented through the introduction of anti-dumping duties, including provisional duties, or approval of price commitments made by the exporter.
dumping – imports of goods into the common customs territory of the Customs Union at prices below the cost of goods on the domestic market of the exporting country.

countervailing measure – a measure to limit the import of goods produced and (or) exported using special subsidies from a foreign state (union of foreign states) into the common customs territory of the Customs Union. It is implemented through the introduction of a countervailing duty, including the provisional countervailing duty or approval of commitments made by the authorized body of the subsidizing state (union of foreign states) or exporter.

specific subsidy – subsidy of the subsidizing body only to specific companies, groups of companies or industries.
subsidy of a foreign state (union of foreign states) may be recognized as a specific depending on the following factors:
• apparent preferential use of grants by a limited group of enterprises or organizations;
• apparent selectivity from the government of a foreign state (union of foreign states) when choosing a method of providing subsidies.

These measures shall be applied after the Board of Eurasian Economic Commission investigates the case and makes an appropriate decision.
Special protective, antidumping and countervailing duties are collected by the customs authorities, in addition to import duties, established by the unified customs tariff of the Customs Union.

The Department for the Internal Market Protection of the Eurasian Economic Commission is authorized to conduct special safeguard, antidumping and countervailing investigations as well as to take relevant decisions on the application of appropriate measures. On national level protective investigations are not conducted.

Within the framework of the Customs Union of Belarus, Kazakhstan and Russia the common mechanism is created to apply the unified special safeguard, antidumping and countervailing measures against imports of goods from third countries. In particular, most measures which were used on the territory of the members of the Customs Union on national level have been extended to the common customs territory of the Customs Union (countervailing measures do not apply in Belarus, Russia and Kazakhstan).

These measures apply to the following products:
• nickel-rolled products of stainless steel (Decision of CCU of June 22, 2011 № 699);
• synthetic fibers of nylon (Decision of CCU of June 22, 2011 № 700);
• bearing tubes (Decision of CCU of June 22, 2011 № 701);
• some types of steel pipes (Decision of CCU of June 22, 2011 № 702);
• fasteners (Decision of CCU of June 22, 2011 № 703);
• bearings (Decision of EEC of December 4, 2012 № 244);
• stainless steel tubes (Decision of EEC Board of August 23, 2012 № 143);
• caramel (Decision of CCU of November 18, 2011 №856);
• forged steel rolls for rolling mills (Decision of CCU of December 9, 2011 №904);
• activated carbon (Decision of EEC of October 2, 2012 №173);
• polymer-coated metal-roll (Decision of EEC of May 24, 2012 №49);
• graphitized electrodes (Decision of EEC of December 25, 2012 № 288);
• combines harvester and units for combines harvester (Decision of EEC of December 25, 2012 № 289);
• enameled cast iron bath (Decision of EEC of December 25, 2012 № 287).

In addition to these measures the Republic of Belarus continues to apply the measure for imports of fiberglass mesh from all countries, except for the Customs Union. This measure will last until February 2013 (Decree of the President of the Republic of Belarus of October 12, 2009 № 498).

The legal framework of the Customs Union regulating the application of special safeguard, antidumping and countervailing measures includes:

Agreement on the application of special safeguard, antidumping and countervailing measures against third countries of January 25, 2008 (came into force on July 1, 2010);

Agreement on the procedure of application of special safeguard, antidumping and countervailing measures during the transition period, of November 19, 2010 (came into force on January 20, 2012);

Protocol on the procedure of provision of the information, including confidential, to the authority conducting the investigation for the purposes of investigations prior to the introduction of special safeguard, antidumping and countervailing measures against third countries, of November 19, 2010 (came into force on August 2, 2011);

Protocol (of October 18, 2011) on the alterations and additions into the Agreement on the application of special safeguard, antidumping and countervailing measures against third countries, of January 25, 2008 (is applied provisionally since October 18, 2011);

Decision of the Board of Eurasian Economic Commission of March 7, 2012 № 1 «On some issues of application of special safeguard, antidumping and countervailing measures in the common customs territory of the Customs Union».

Contact Details

On the issues of special safeguard, antidumping and countervailing measures, please, contact the Trade Disputes and Protective Measures Unit, Department of Foreign Economic Activity, Ministry of Foreign Affairs of the Republic of Belarus.

Address: 220030, Minsk, Lenina str., 19 (new building).
Tel.: + 375 17 327 85 71; + 375 17 327 88 31.
Fax: +375 17 327 84 57.
E-mail: trade.defence@mfa.gov.by

On the application for the investigation the Department for protection of the domestic market of the Eurasian Economic Commission (a body conducting the investigation) should be contacted:

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.
E-mail: dzm@tsouz.ru

Head of the analysis of import department – Zakharov Andrey Vladimirovich.
Contact phone: +7 495 669 24 00, add.12-91.

Head of the establishment of damage department – Larionova Larisa Nikolaevna.
Contact phone: +7 495 669 24 00, add.13-07.

Guidelines for the preparation of the statement on the application of anti-dumping measures.

Guidelines for the preparation of the statement on the application of countervailing measures.

Guidelines for the preparation of the statement on the application of special safeguard measures.

WARNING!
When sending confidential information the addressee on the envelope should be marked as «the body carrying out the investigation» or «Department for protection of the domestic market of the Eurasian Economic Commission».