The team of International Trade Practice of Ilyashev & Partners Law Firm, headed by Partner Olena Omelchenko, has secured the imposition of anti-dumping measures on imports to Ukraine of cement and clinker originating in the Republic of Turkey in order to protect the Ukrainian producers.
On 27 August 2021, the Interdepartmental Commission on International Trade adopted Decision No. АD-499/2021/4411-03 on the imposition of final anti-dumping duty at the rate of 32.64% – 40.73% on the goods of Turkish exporters and manufacturers that have actively participated in the investigation, and 50.54% on those of other manufacturers and exporters.
The anti-dumping duties apply to the import of clinker and Portland cement originating in the Republic of Turkey, classified under the Ukrainian Classification of Goods for Foreign Economic Activity (UCGFEA) codes 2523 10 00 00 and 2523 29 00 00.
The Commission established that the dumping import of Turkish goods was carried out at prices lower than the prime costs and sales prices of similar Ukrainian goods in the national market of Ukraine. In the period from 1 January 2017 till 30 June 2020, the volumes of dumped imports to Ukraine of goods originating in the Republic of Turkey increased by 184.58%, leading to the threat of causing significant damages to the national producers.
“The anti-dumping investigation was challenging, given the large number of foreign manufacturers and exporters involved in the proceedings, – said Olena Omelchenko. – The Ministry of Economy has calculated an individual duty for ten companies, which is an unprecedented practice in Ukraine. Most of them acknowledged the fact of dumping imports and suggested entering into written voluntary price undertakings to avoid paying duties to the state budget. However, the Commission rejected such offer, arguing the absence of Ukraine’s national interests”.
The anti-dumping measures are introduced for a period of five years and will be levied by the customs authorities 30 days after the publication of the relevant notice about Commission’s decision in the Uryadovy Courier newspaper.
This decision will help establish fair competition in the Ukrainian market, increase the volumes of production and sale by the national producers, preserve existing and increase the number of new jobs, as well as increase the volumes of future investments in the Ukrainian industry.