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Ilyashev & Partners Drive the Introduction of Anti-Dumping Duty on Imports of Gas-Concrete Blocks Originating in Belarus

News date: 27 February 2020

Under the supervision of the firm’s Partner Olena Omelchenko the International Trade Practice Team of Ilyashev & Partners Law Firm successfully protected the interests of Ukrainian manufacturers-members of the Ukrainian Autoclaved Aerated Concrete Producers Association (VAAG) in the anti-dumping investigation on imports of gas-concrete blocks originating in the Republic of Belarus.

Further to the results of the anti-dumping investigation, the Interdepartmental Commission on International Trade upheld a decision No. AD-437/2020/4411-03 dated 21 February 2020 on the application of a final anti-dumping duty at the level of 34.19% on imports into Ukraine of the products with the following properties: construction blocks of cellular structural and thermal insulation concrete (gas-concrete blocks) with a density in solid form of not more than 1700 kg/m3 of white or light gray colors (dry), or of gray color (wet), falling under code 6810 10 11 00 according to the Ukrainian Classification of Goods for Foreign Economic Activity (UCGFEA) classification, the country of origin of which is the Republic of Belarus.

The anti-dumping investigation lasted 10 months and was completed ahead of time, which hardly ever happens with such kind of the proceedings. “Such well-timed decision taken by the Commission is of great importance for Ukrainian producers of gas-concrete blocks considering for the current tendency of growing volumes of dumped imports of the products to Ukraine. The anti-dumping duty will contribute to the development of fair competition and offset the injury threatening the Ukrainian industry, – Olena Omelchenko commented. – Our client was fully satisfied with the decision taken by the Interagency Commission for International Trade. We are welcoming the introduction of best international anti-dumping investigation practices in Ukraine”.

In addition, the Interagency Commission for International Trade dismissed the written commitments lodged by the Republican Production and Trade Unitary Enterprise Management Company of Holding Belarus Cement Company, OJSC Berezovsky Combine of Silicate Products and JSC QuartzMelProm on the reconsideration of their prices or termination of exports under the dumped prices to the customs territory of Ukraine.

The final anti-dumping duty will be charged throughout a five-year period and start to apply 30 days after the date of publication of the Commission’s decision in the newspaper Uryadovy Courier. The customs authorities will charge the anti-dumping duty regardless of the settlement of other taxes and duties (mandatory payments). The application of final anti-dumping measures will not create obstacles to the customs clearance of products.
This decision will promote the establishment of fair competition in the Ukrainian market, increase in the production and sales of products by national producers, protect the existing workplaces and ensure the creation of new ones, as well as will increase the inflow of future investments in Ukrainian industry.

As a reminder, the decision to initiate and conduct the anti-dumping investigation, further to the consideration of the complaint drafted by the International Trade Practice Team of Ilyashev & Partners on behalf of the Ukrainian Autoclaved Aerated Concrete Producers Association, was upheld by the Interagency Commission on 17 April 2019.