Article 10. Application of the Special Protective Measure of the Law on Special Protective, Anti-Dumping and Countervailing Measures in Relation to Third Countries
1. A special protective measure shall be applied by decision of the Commission in the amount and for the period necessary to prevent or eliminate serious damage to the economic sector of the Member States or the threat of its infliction, as well as to facilitate the process of adaptation of the economic sector of the Member States to changing economic conditions.
2. Before the Commission makes a decision on the application of a special protective measure, the authorized body coordinates with the interested state bodies of the Republic of Kazakhstan a proposal on the introduction of a special duty, import or special quota, prepared by the body conducting the investigation.
3. If a special protective measure is applied by establishing an import quota, the amount of such import quota should not be lower than the average annual volume of imports of the product being investigated (in quantitative or monetary terms) for the previous period, except in cases where it is necessary to establish a lower import quota to eliminate serious damage to the economic sector of the Member States or threats of its infliction.
4. When distributing the import quota among exporting third countries, those of them who are interested in delivering goods that are the subject of investigation to the customs territory of the Eurasian Economic Union are given the opportunity to consult on the distribution of the import quota between them.
5. In cases where it is not possible to hold consultations provided for in paragraph 4 of this Article or no agreement has been reached on such distribution during their conduct, the import quota shall be distributed among exporting third countries interested in exporting to the customs territory of the Eurasian Economic Union the goods that are the subject of investigation, in proportion, the situation that developed when importing this product from these exporting third countries over the previous period based on the total volume of imports of such goods in quantitative or monetary terms.
This takes into account any special factors that could or may affect the normal course of trade in this product.
6. If the percentage increase in imports of the goods under investigation from individual exporting third countries has increased disproportionately in relation to the total increase in imports of such goods in the three years preceding the date of the application for investigation, the Commission may distribute the import quota among such exporting third countries, taking into account the absolute and relative import growth rates. of this product to the customs territory of the Eurasian Economic Union from such exporting third countries.
The provisions of this paragraph are applicable only if the investigating authority determines that there is serious damage to the economic sector of the Member States.
7. In cases stipulated by the Commission's decisions, the distribution of import quota volumes is carried out depending on the type of product in respect of which the decision to establish the import quota was made by the authorized body and other state bodies within their competence.
8. The procedure for applying a special protective measure in the form of an import quota is established by a decision of the Commission. If such a decision provides for licensing of imports, licenses are issued in accordance with the procedure established by the legislation of the Republic of Kazakhstan on permits and notifications for goods subject to quantitative restrictions on imports.
9. If a special protective measure is applied through a special quota, the size, distribution and application of such quota shall be carried out in accordance with the procedure provided for in paragraphs 1-8 of this Law for the import quota.
The Law of the Republic of Kazakhstan on June 8, 2015 No. 316-V SAM.
This Law regulates public relations related to the application of special protective, anti-dumping and countervailing measures in relation to third countries in order to protect the economic interests of the Republic of Kazakhstan.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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