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Court Refused Lifting the Anti-Dumping Duties on Imports of Cement to Ukraine

News date: 14 January 2021

On 12 January 2021, the District Administrative Court of Kyiv dismissed all demands of the managing company of Belarusian Cement Company Holding, and of the importers of its products, namely, Belbudmaterialy-Ukraine LLC, Pylomaterialy-Service LLC, Construction Company Komfort-Stroi LLC, under all claims filed for lifting the anti-dumping duties imposed on imports of cement to Ukraine. Ilyashev & Partners Law Firm which defends the interests of national producers – PrJSC Dickerhoff Cement Ukraine, PrJSC HeidelbergCement Ukraine, PJSC Podilskyi Cement (CRH Ukraine Group of Companies) and PrJSC Ivano-Frankivsk Cement – as the third parties in litigation.

Thus, the court recognized the need for defence of the violated rights of the national cement producers in Ukraine from the dumping imports of goods to Ukraine on the part of cement producers from the Russian Federation, the Republic of Belarus and the Republic of Moldova, which caused substantial damage to the national producers. The case has been pending consideration for over 1.5 years.

It should be reminded that in 2019 the managing company of the Belarusian commodity producer and the importers filed the claims to the District Administrative Court of Kyiv for invalidation and revocation of the Decision of the Interagency Commission for International Trade (ICIT) № АД-417/2019/441103 dated 21 May 2019 on the application for five years of the final anti-dumping duties on imports of cement into Ukraine, in particular cement clinkers and Portland cement originating in the Russian Federation, the Republic of Belarus and the Republic of Moldova. The duty imposed on the Portland cement and clinker originating in the Republic of Belarus was set at the level of 57.03%.

The ICIT’s Decision was appealed against to the District Administrative Court of Kyiv as related to the application of anti-dumping measures to goods from Belarus and Moldova by filing several claims. The District Administrative Court of Kyiv consolidated the claims into one proceeding under a single No. 640/11242/19.

The subject matter of dispute in the case was the invalidation and revocation of the ICIT’s Decision, the recognition of actions of the Ministry for Development of Economy of Ukraine as illegal, and imposition of an obligation on the ICIT to decide on termination of the anti-dumping investigation. The national producers entered the case as the non-party interveners on the side of the respondents.

The project was handled by the Partner Olena Omelchenko, the Counsels Valeriia Gudiy and Oleh Trokhymchuk, and the Lawyer Oleksiy Gorbatyuk.