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Supreme Court Confirms the Lawfulness of Antidumping Duties on Import of Cement to Ukraine from the Russian Federation, Belarus and Moldova

News date: 20 January 2022

On January 19, 2022, the Supreme Court put an end to case No. 640/11242/19 on the application of anti-dumping duties on imports of cement into Ukraine, enforced by the Interdepartmental Commission on International Trade (ICIT) in May 2019.

The Supreme Court, as well as the courts of first and appeal instances, recognized the need of protecting the violated rights of the national cement producers in Ukraine. Dumping imports were permitted by cement manufacturers from the Russian Federation, the Republic of Belarus and the Republic of Moldova and caused material damage to the national goods manufacturers.

Thus, antidumping duties on the import of cement clinkers and Portland cement that originate from the Russian Federation, Belarus and Moldova will continue to operate until 2024. Particularly, for products from Belarus the duty rate is 57,03%, from the Russian Federation – 114.95%, from Moldova – 94.46%.

“The decision of the Supreme Court testifies to the importance of the process of protecting the national producer from violation of competition by foreign producers. In full compliance with WTO rules, Ukrainian enterprises have united in the struggle to establish fair trade conditions, eliminate damage, preserve jobs and investments,” – says Olena Omelchenko. – This decision will strengthen their market position and serve as an incentive to further increase the load and production volumes of Ukrainian cement plants”.

Over the course of this litigation process, Ilyashev & Partners Law Firm was acting in defence of interests of the national producers – PrJSC Dickerhoff Cement Ukraine, PJSC Kryvyi Rih Cement, PJSC Podilskyi Cement (CRH Ukraine) and PrJSC Ivano-Frankivsk Cement, which were acting on the part of defendants as third parties without stating any independent claims. Consideration of the case in Ukrainian courts lasted two years. The project was elaborated by Partner Olena Omelchenko, Counsels Valeriia Gudiy, Oleh Trokhymchuk and Attorney at Law Oleksiy Gorbatyuk.