News date: 11 June 2021
On 9 June 2021, the Sixth Administrative Court of Appeal reconfirmed the decision, awarded by the District Administrative Court of Kyiv, whereby the latter refused lifting the antidumping duties regarding the import of cement to Ukraine, enforced by the Interagency Commission for International Trade (ICIT) in May 2019.
Thus, the Court of Appeal recognized the need of protecting the violated rights of the national cement producers in Ukraine, from the dumping imports of goods to Ukraine, which had been 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.
May we remind that the ICIT decision has imposed antidumping duties for the term of five years on the import of cement clinkers and Portland cement that originate from the Russian Federation, Belarus and Moldova. Particularly, the duty rates have amounted to 57.03% for the products from Belarus, 114.95% from the Russian Federation and 94.46% from Moldova.
In 2019, Belarus Cement Company holding and Ukrainian importers of its products, as well as goods importers from the Republic of Moldova filed a number of lawsuits at the court with a view to rendering illegal and revoking the ICIT’s decision No. АД-417/2019/441103 dated 21 May 2019. 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.
On 12 January 2021, the District Administrative Court of Kyiv refused the managing company of Belarus Cement Company holding, as well as the importers of its products, as well as the importers of goods from the Republic of Moldova, to satisfy the entirety of stated claims under all lawsuits, filed with a view to lift the antidumping duties on the import of cement to Ukraine.
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 Podilskyi Cement (CRH Ukraine Group of Companies) and PrJSC Ivano-Frankivsk Cement, which were acting on the part of defendants as third parties without stating any independent claims.
The project was elaborated by Partner Olena Omelchenko, Counsels Valeriia Gudiy and Oleh Trokhymchuk, and Attorney at Law Oleksiy Gorbatyuk.