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Ilyashev & Partners Secures the Application of Definitive Anti-Dumping Duty on Imports of Steel Fasteners from the People’s Republic of China

News date: 29 September 2020

Subject to the results of the investigation on imports to Ukraine of steel fasteners originating in the People’s Republic of China the team of International Trade Practice at Ilyashev & Partners, headed and supervised by the Firm’s Partner Olena Omelchenko, has secured the application of definitive anti-dumping measures.

Further to the results of the anti-dumping investigation, the final anti-dumping duty in the range between 32.47% and 67.4% shall be applied to threaded ferrous metal products commencing from 29 September 2020. The products will include screws, bolts and nuts, which can be classified according to the Ukrainian Classification of Goods for Foreign Economic Activity (UCGFEA) under the following codes: 7318 15 68 90, 7318 15 82 90, 7318 15 88 90, 7318 15 95 90, 7318 16 92 90 and 7318 16 99 90.

The anti-dumping investigation lasted nine months, which has become the record-short period for consideration of complaints about dumped imports.

“The nature of the case was highly complex and precedent-setting given the procedure of the investigation and application of measures, – Olena Omelchenko pointed out. – The Ministry for Development of Economy, Trade and Agriculture of Ukraine has taken into account the latest practices of the European Commission as to the duration of the procedure and the methodology used for calculation of anti-dumping duties. The investigation may take up to 18 months, but taking twice as less time for consideration of this case, the for Development of Economy, Trade and Agriculture of Ukraine has guaranteed the protection of the interests of the domestic producer, which is critical in the context of ongoing decline and closure of global markets”.

As a reminder, the decision to initiate and conduct an anti-dumping investigation subject to the results of consideration of the complaint lodged by PrJSC Druzhkovka Hardware Plant, which was prepared by the International Trade Practice team of Ilyashev & Partners, was addressed to and accepted for consideration by the Interdepartmental International Trade Commission on 02 December 2019. In May 2020, the Interdepartmental International Trade Commission upheld the decision to apply a provisional anti-dumping duty in the amount of 19.75% on imports of steel fasteners from the People’s Republic of China. It has become the first time in the course of 20 recent years when the provisional anti-dumping measures started to apply in Ukraine. The definitive anti-dumping duty in the range between 32.47% and 67.4% will be charged throughout a five-year period.