On protective measures, antidumping and compensation duties (554-II-son)

11.12.2003

Law of the Republic of Uzbekistan

I. GENERAL PROVISIONS

Article 1. Purpose of this Law

The purpose of this Law is to regulate relations in the field of application of protective measures, antidumping and compensation duties when importing goods to eliminate serious damage or the threat of causing serious damage to the economy.

Article 2. Legislation on protective measures, antidumping and compensation duties

The legislation on protective measures, anti-dumping and compensation duties consists of this Law and other legislative acts.

If an international treaty of the Republic of Uzbekistan establishes other rules than those which are provided for by the legislation of the Republic of Uzbekistan on the protective measures, antidumping and compensation duties, the rules of the international treaty shall be applied.

Article 3. Basic concepts

The following basic concepts apply in this Law:

sector of the economy — the totality of all the producers of the Republic of Uzbekistan of similar goods or those of them, the share of which is a major part in the total volume of production of this product in Uzbekistan;

serious damage to the economic sector — a significant deterioration in production, trade and financial indicators of the economic sector or a significant dercreasing in the developing of the economic sector, which occurred as a result of increased import of goods, import of goods at dumping prices or import of subsidized goods to the customs territory of the Republic of Uzbekistan;

the threat of causing serious damage to the economy — the inevitability of causing serious damage to the economy, confirmed by evidence;

ordinary course of trade — buying and selling of goods on the domestic market of the country of manufacture or of the exporting country at a price which is made up of its weighted average cost and average norm of profit or of comparable prices on similar products imported into the Republic of Uzbekistan from a third country, located in a similar conditions;

the previous period — the last three years prior to the day of filing the application for carrying out the investigation in respect of which there are the necessary statistical data;

similar product — a product that is completely identical to the imported product or comparable with it in terms of its functional purpose, application, quality and technical characteristics, as well as other basic properties.

Article 4. Investigation in order to apply protective measures, anti-dumping and compensation duties

Investigation in order to apply protective measures, anti-dumping and compensation duties is carried out to determine the existence of increased imports of goods, imports of goods at dumped prices or import of subsidized goods on the customs territory of the Republic of Uzbekistan and caused it serious damage or threat of causing serious damage to the sector of the economy. The investigation is carried out by an authorized body determined by the Cabinet of Ministers of the Republic of Uzbekistan.

The authorized body submits to the Cabinet of Ministers of the Republic of Uzbekistan a conclusion on the appropriateness of the application of protective measures, anti-dumping and compensation duties.

Article 5. Calculation of the period for applying protective measures, anti-dumping and compensation duties

The calculation of the period of application of protective measures, anti-dumping and compensation duties starts from the day the Cabinet of Ministers of the Republic of Uzbekistan takes a decision on their application.

II. PROTECTIVE MEASURES

Article 6. Application of protective measures

Protective measures are measures to limit the increased import of goods, applied in the form of restrictions on the import of goods in relation to their quantity and (or) value (import quota), special duties levied in excess of import customs duty, or other measures aimed at limiting the increased import of goods.

Protective measures are applied by decision of the Cabinet of Ministers of the Republic of Uzbekistan, if the results of an investigation by the authorized body establish that the import of goods into the customs territory of the Republic of Uzbekistan is carried out in such a volume (in absolute terms or in relation to its production in the Republic of Uzbekistan) and under such conditions that causes serious damage or poses a threat of causing serious damage to a sector of the economy.

Protective measures are used in amounts and in a time frame necessary for the elimination of serious damage or threat of causing serious damage to the sector of the economy as a result of increased imports of goods.

The use of protective measures in the form of quantitative restrictions of imports of goods not should reduce the volume of imports of goods below the level of the average value of imports of goods in the previous period, for the exception of the cases when there is a justification of the need to establish another level of imports of goods for elimination of serious damage or threat of causing serious damage to the sector of the economy.

Article 7. Determination of serious damage or threat of causing serious damage to the sector of the economy in connection with the increased import of goods

Definition of serious damage or threat of causing serious damage to the sector of the economy in connection with the increased import of goods is based on evidence and involves the study of the dynamics of the volume of imported supplies of goods, the presence of signs of increasing, as well as other factors of an objective nature, which have led or may lead to a significant deterioration of production, trade and financial indicators sector of the economy or a significant decreasing in the development of the sector of the economy.

Article 8. Features of the application of protective measures

In exceptional cases, if before the completion of an investigation by an authorized body is established that the delay with the application of protective measures can cause serious damage to the industry of the economy, which will be difficult to remove later, the Cabinet of Ministers of the Republic of Uzbekistan on the basis of the preliminary conclusion of the authorized body may take a decision on the application of temporary protective measures, under condition of continuing the authorized body of the investigation in order to obtain a final conclusion.

A temporary protective measure is applied in the form of a temporary special duty.

If by the results of the investigation by the authorized body is found no serious damage or threat of causing serious damage to the sector of the economy as a result of increased imports of goods, the paid amount of temporary special duty shall be refunded to the payer in accordance with the procedure established by the legislation for the return of customs duties.

If the protective measure in the form of a special duty is applied in an amount less than the temporary special duty, the difference shall be returned to the payer in the manner prescribed by law for the return of customs duties.

If the protective measure in the form of a special duty is applied in an amount greater than the temporary special duty, the difference is not levied from the payer.

In cases established by law, at the request of an authorized body, the Cabinet of Ministers of the Republic of Uzbekistan may reduce the amount of protective measures.

Article 9. Duration of protective measures

The term of action of protective measures does not have to exceed four years.

If the authorized body, as a result of a repeated investigation, establishes that the protective measure continues to be necessary to eliminate serious damage or the threat of causing serious damage to the economy, the duration of the protective measure by decision of the Cabinet of Ministers of the Republic of Uzbekistan can be extended. If this total period of action of protective measures does not have to exceed eight years.

The term of action of temporary protective measures do not have to exceed two hundred days.

When making the Cabinet of Ministers of the Republic of Uzbekistan decisions on the use of a temporary protective measure period of its activities shall be counted in the total period of action of protective measures.

III. ANTI- DAMPING DUTIES

Article 10. Application of the anti-dumping duty

An anti-dumping duty is a duty applied in excess of the import customs duty with respect to import of goods at dumping prices.

The anti-dumping duty is applied by decision of the Cabinet of Ministers of the Republic of Uzbekistan if, according to the results of the investigation of the authorized body , it was established that importing goods at dumping prices causes serious damage or poses a threat of causing serious damage to the economy.

Importing goods at dumping prices is the import of goods into the customs territory of the Republic of Uzbekistan, the export price of which is lower than its normal value.

The export price of the goods is the price actually paid or subject to payment for goods sold for export to the Republic of Uzbekistan.

The normal value of the product is the price of similar goods at the normal course of trade intended for consumption on the domestic market of the exporting country, or, in the case of lack of sales of a similar product on the market of the exporting country or the inability to force other reasons for carrying out a proper comparison, the price is determined on the basis of costs of production in the country of origin of goods with the addition of reasonable costs and profits, or on the basis of the prices of similar goods exported to a third country, located in a similar conditional with the Republic of Uzbekistan during the normal course of trade.

The anti-dumping duty is applied in the amount and within the time necessary to eliminate serious damage or the threat of causing serious damage to the economy due to import of goods at dumping prices.

Rate of anti-dumping duties and the temporary anti-dumping duties do not have to exceed the size of the dumping margin.

An anti-dumping duty may be applied in respect of one or more suppliers of goods.

Article 11. Dumping margin

The dumping margin is expressed in a percentage ratio of the normal value of goods, for the deduction of the export price of the goods to its export price. The dumping margin is established on the basis of comparing the weighted average normal value of the goods with a weighted average price of all the matched export transactions or by a comparison of normal value of the product with the export prices of specific transactions.

In cases where the goods are not imported directly from the country of origin, but exported to the Republic of Uzbekistan from a third country, the price at which goods are sold from the country of export of the goods to the Republic of Uzbekistan is compared with a comparable price in the country of export of the goods. The comparison can be carried out with the price in the country of origin of the goods, if the goods only forwarded through the country of export of the goods, or such products are not produced in the country of export of the goods, or in case of absence of comparable prices to them in the country of export goods.

In cases where the export price of the goods is absent or in doubt of the authorized body conducting the investigation, the export price may be calculated on the basis of the price at which the delivered goods are resold for the first time to a buyer independent of the supplier or seller, or on another basis determined by the authorized body.

An anti-dumping duty is applied to importing goods at dumping prices if, as a result of an investigation by the authorized body, it is established that the dumping margin is more than two percent of the export price or the supply volume for importing goods at dumping prices is significant.

The volume of supply at the import of goods at dumped prices from the country's provider of goods in respect of which carried out the investigation, is deemed significant, if this amount is more than three per cent of the total volume of deliveries of similar goods in the Republic of Uzbekistan or when the volume of supply at the import of goods at dumping prices from countries, individual share of which in the supply of the goods is less than three percent of the total volume of deliveries of similar goods in the Republic of Uzbekistan, in the aggregate of more than seven percent of the total volume of deliveries of similar goods in the Republic of Uzbekistan.

Article 12. Determination of serious damage or threat of causing serious damage to the sector of the economy due to the import of goods at dumping prices

The determination of serious damage or the threat of causing serious damage to the economy due to the import of goods at dumping prices is based on evidence and includes a study of the volume of supplies when importing goods at dumping prices, the quality of this product, their impact on prices of similar goods on the domestic market of the Republic of Uzbekistan and the consequences of such deliveries for the industry.

When studying the scope of supply at the import of goods at dumping prices authorized body examines all related to the factors and indicators influencing on the state sector of the economy.

Article 13. Features of the application of anti-dumping duties

In exceptional cases, but not earlier than after sixty days after the beginning of the investigation, if the information is obtained prior to its completion, evidence of the presence of imports of goods by dumping prices and caused the import of such goods serious damage or threat of causing serious damage to the industry of the economy, the Cabinet of Ministers of the Republic of Uzbekistan on the basis of the preliminary conclusion of the authorized body may take a decision on the application of temporary anti-dumping duties.

If by the results of the investigation by the authorized body is found no serious damage or threat of causing serious damage to the sector of the economy due to the import of goods at dumping prices, the paid amount temporary antidumping duties shall be refunded to the payer in accordance with the procedure established by the legislation for the return of customs duties.

If the anti-dumping duty is applied in an amount less than the temporary anti-dumping duty, the difference shall be returned to the payer in the manner prescribed by law for the return of customs duties.

If the anti-dumping duty is applied in an amount greater than the temporary anti-dumping duty, the difference shall not be levied from the payer.

The anti-dumping duty should not be applied in relation to the product, released into free circulation until the date of the beginning of the investigation.

The Antidumping duty applies regardless of the collection of taxes and other obligatory payments established by law.

Article 14. Duration of antidumping duty

The term of action of anti-dumping duties do not have to exceed five years from the beginning of its application, or the latest revision on the subject of how to import the goods at dumping prices, so and serious damage or threat of causing serious damage to the industry of the economy, for the exception of the cases when in the course of the revision, which began before the end of the period acts of anti-dumping duties, the authorized body found that the termination of the action of anti-dumping duty would lead to continuation or resumption of imports of goods at dumped prices and the serious damage or threat of causing serious damage to the sector of the economy. In such cases, the anti-dumping duty continues to apply until the results of a second investigation, which is the basis for the review, are obtained.

Re-investigation for the purpose of revising the anti-dumping duty is carried out at the initiative of the authorized body or at the request of interested parties after they provide information confirming the need to review the anti-dumping duty. Re-investigation in order to review the anti-dumping duties should be completed in within twelve months from the date of adoption of the decision on the beginning of the re- investigation.

The need to continue to apply the anti-dumping duty or to revise its rate is determined by the Cabinet of Ministers of the Republic of Uzbekistan based on the conclusion of the authorized body based on the results of a repeated investigation.

A temporary anti-dumping duty shall be established for a period of up to six months. The indicated period may be extended by decision of the Cabinet of Ministers of the Republic of Uzbekistan to nine months.

Article 15. Obligations at prices for importing goods at dumping prices

Obligations at prices for importing goods at dumping prices are voluntary obligations of the exporter of the goods being the object of investigation to revise the price or stop exporting goods to the customs territory of the Republic of Uzbekistan at a price lower than its normal value.

The investigation may be suspended or terminated without the application of anti-dumping duties or provisional anti-dumping duties when receiving from exporting commitments on prices at the import of goods at dumped prices, if the authorized body determines that the acceptance of such commitments eliminate the serious damage or threat of causing serious damage to the sector of the economy.

The level of prices on goods in accordance with the obligations of the prices at the import of goods at dumping prices not may be higher than is necessary to eliminate the dumping margin. An increase in product prices may be less than the dumping margin if such an increase is sufficient to eliminate serious damage or the threat of causing serious damage to an economic sector.

Commitments on prices at the import of goods at dumping prices not taken exporter to the issuance by the authorized body of the preliminary conclusion about the presence of imports of goods by dumping prices and due to such imports of serious damage or threat of causing serious damage to the sector of the economy.

In the case of the adoption of exporter obligations on prices at the import of goods at dumping prices the investigation may be continued by his request or by the decision of the authorized body. If by the results of the investigation made the conclusion about the absence of imports of goods by dumping prices or due to such imports of serious damage or threat of causing serious damage to the industry of the economy, the obligation on the prices at the import of goods at dumping prices lose power for except in cases when rendered conclusion is to a large extent the result of the existence of price obligations. In such cases, these commitments remain in force in during the period necessary for the elimination of serious damage or threat of causing serious damage to the sector of the economy.

In the case of violation or withdrawal exporter obligations on prices at the import of goods at dumping prices The Cabinet of Ministers of the Republic of Uzbekistan can take a decision on the application of anti-dumping duties or a temporary anti-dumping duties.

IV. COMPENSATION DUTIES

Article 16. Application of compensation duty

Compensation duty is a duty applied in excess of the import customs duty in relation to the import of subsidized goods.

The compensation duty is applied by decision of the Cabinet of Ministers of the Republic of Uzbekistan if, according to the results of the investigation of the authorized body, it was established that the import of subsidized goods causes serious damage or poses a threat of causing serious damage to the economy.

Import of subsidized goods is the import into the customs territory of the Republic of Uzbekistan of goods in the production, export or transportation of which a subsidy of a foreign state was used.

Compensation duty shall be applied to the amount and in the time frame necessary for the elimination of serious damage or threat of causing serious damage to the sector of the economy due to the import of subsidized goods.

Rate of compensation duties are not to be greater than the set investigation sized subsidy of a foreign state in the calculation on the unit corresponding to the subsidized goods at its import on the customs territory of the Republic of Uzbekistan.

It is not allowed to apply to one product at the same time compensation and antidumping duties.

Article 17. Subsidy of a foreign state

Subsidy of a foreign state (hereinafter — the subsidy) is financial assistance to the government or any other authority of a foreign state or a union of foreign states (hereinafter - a foreign state), which gives the recipient grants additional benefits and carried directly to a foreign State or on its behalf.

The following types of financial assistance are recognized as subsidies, giving the beneficiary of the subsidy additional benefits:

direct translation of a foreign state financial resources (including in the form of grants, loans, purchase of shares) or the obligations of the transfer of funds (including in the form of guarantees for loans);

rejection of a foreign state from levying or the withholding of payments, which must have been like to enroll in the income of the state (including through the provision of tax credits), for the exception of cases of exemption of exported goods from taxes and duties levied with similar goods destined for domestic consumption, or reducing such taxes and duties in an amount not exceeding actually accrued amounts;

the provision by a foreign state of goods and services (with the exception of goods and services intended to maintain and develop a common infrastructure) or the procurement of goods;

making by a foreign state payments to financing funds or transferring its powers to a private organization for the implementation of the types of financial assistance specified in paragraphs two, three and four of this part, usually made by a foreign state, on conditions that do not actually differ from the usual practice of a foreign state.

Subsidies can be recognized other forms of financial assistance, enabling the recipient grants additional benefits.

The amount of subsidy, established in the course of the investigation by the authorized body shall be subject to compensation by the application of compensation duties, if it is more than one percent of the value of subsidized goods.

Subsidies are subject to compensation duties, if they are specific. Specific considered a subsidy, access to which is limited and which is given a particular company or sector of the economy, a group of companies or sectors of the economy, as well as specific businesses located in designated geographical region, or subsidy, aimed at stimulating the export of goods or to the substitution of imports of goods.

The procedure for calculating the subsidy, which is the subject of compensation duties, is determined by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 18. Determination of serious damage or threat of causing serious damage to the sector of the economy due to the import of subsidized goods

The determination of serious damage or the threat of causing serious damage to the economy due to the import of subsidized goods is based on evidence and includes a study of the volume of supplies during the import of subsidized goods, the quality of this goods, their impact on the prices of similar goods in the domestic market of the Republic of Uzbekistan and the consequences of such deliveries for the economy.

When studying the scope of supply at the import of subsidized goods authorized body examines all related to the factors and indicators influencing on the state sector of the economy.

Article 19. Features of the application of compensation duties

In exceptional cases, but not earlier than after sixty days after the beginning of the investigation, if the information is obtained evidence of the presence of imports of subsidized goods and caused by the import of such goods serious damage or threat of causing serious damage to the industry of the economy prior to its completion, the Cabinet of Ministers of the Republic of Uzbekistan on the basis of the preliminary conclusion of the authorized body may take a decision on the use of temporary compensation duties.

If by the results of the investigation by the authorized body no serious damage or threat of causing serious damage to the sector of the economy due to the import of subsidized goods is found, the paid amount of temporary compensation fee shall be refunded to the payer in accordance with the procedure established by the legislation for the return of customs duties.

If the compensation duty is applied in an amount less than the provisional compensation duty, the difference shall be returned to the payer in the manner prescribed by law for the return of customs duties.

If the compensation duty is applied in an amount greater than the provisional compensation duty, the difference is not levied from the payer.

Compensation duties cannot be appliedin relation to the product, released into free circulation until the date of the beginning of the investigation, not can apply.

Compensation duty shall be applied regardless of the collection of taxes and other mandatory payments established by law.

Article 20. Duration of compensation duty

Duration of compensation duties does not have to exceed five years from the beginning of its application, or the latest revision on the subject as the import of subsidized goods, as and serious damage or threat of causing serious damage to the industry of the economy, for the exception of the cases when in the course of the revision, which began before the end of the term of action of the compensation duties, the authorized body established that the termination of the compensation duty will lead to the continuation or resumption of imports of subsidized goods and serious damage or threat of causing serious damage to the sector of the economy. In such cases, the compensation duty continues to apply until the results of the second investigation, which is the basis for the review, are obtained.

Re-investigation in order to revise the compensation duty is carried out at the initiative of the authorized body or at the request of interested parties after they provide information confirming the need to revise the compensation duty. Re-investigation in order to review the compensation fee should be completed in within twelve months from the date of adoption of the decision on the beginning of the re-investigation.

The need to continue to apply the compensation duty or to review its rate is determined by the Cabinet of Ministers of the Republic of Uzbekistan based on the conclusion of the authorized body based on the results of a repeated investigation.

Temporary compensation duty is set for up to four months.

Article 21. Obligations at prices for the import of subsidized goods

An investigation may be suspended or terminated without the application of compensation duties or temporary compensation duties upon receipt of voluntary obligations at prices from:

foreign state, from which the exported product which is the subject of the investigation, for the abolition or reduction of subsidies or adopt other appropriate measures in order to eliminate the effects of imports of subsidized goods;

exporter of the goods, which is the object of the investigation, a review of the prices on the goods in such a way that the authorized body determines that their acceptance would eliminate serious damage or threat of causing serious damage to the sector of the economy. The level of prices on goods in accordance with such obligations on prices, not may be higher than is necessary to compensate for the impact of subsidies on the sector of the economy. Increasing prices on the goods can be less than the size of subsidies, if such an increase is sufficient to eliminate the serious damage or threat of causing serious damage to the sector of the economy.

Commitments on prices at the import of subsidized goods is not accepted by foreign state or the exporter to the issuance by the authorized body of the preliminary conclusion about the presence of imports of subsidized goods and due to such imports of serious damage or threat of causing serious damage to the sector of the economy.

In the case of adoption of a foreign state or an exporter obligations on prices at the import of subsidized goods the investigation can be extended on the request of a foreign state, from which the exported goods, or on the decision of the Cabinet of Ministers of the Republic of Uzbekistan. If by the results of the investigation made the conclusion about the absence of imports of subsidized goods or caused by such imports of serious damage or threat of causing serious damage to the industry of the economy, the obligation on the prices at the import of subsidized goods lose their strength, for the exception of cases, when rendered conclusion is to a large extent the result of the existence of the obligations on prices. In such cases, these commitments remain in force in during the period necessary for the elimination of serious damage or threat of causing serious damage to the sector of the economy.

In the case of violation or withdrawal of foreign state, from which the exported product or exporter obligations on prices at the import of subsidized goods Cabinet of Ministers of the Republic of Uzbekistan can take a decision on the application of compensation duties or temporary compensation duties.

V. CONDUCT OF THE INVESTIGATION

Article 22. Procedure for filing the application for carrying out the investigation

The investigation is carried out by the authorized body on the written request of the legal or physical persons representing the interests of the relevant sector of the economy.

An application for an investigation (hereinafter referred to as an application) is considered to have been submitted if it is supported by the manufacturers of the Republic of Uzbekistan, whose aggregate production is more than fifty percent of all similar goods produced by part of the manufacturers of the Republic of Uzbekistan, who expressed their opinion on this application in writing. On the share of producers of the Republic of Uzbekistan, supported the application should account for not less than twenty-five per cent of the total production of similar goods in the Republic of Uzbekistan.

The application must contain the following data:

name of the applicant, information on the production by the applicant of a similar product in the previous period;

description of imported goods on the customs territory of the Republic of Uzbekistan, which is the object of the investigation, the name of the country of origin of goods, information about well-known to the applicant exporting and producing a foreign state, as well as on the well-known to him producing similar goods in the Republic of Uzbekistan;

information on prices, rates and volumes of increase in import of goods in absolute and relative values, the impact of import of goods on prices of similar goods in the domestic market and on the economy, on the share of goods in the domestic market of the Republic of Uzbekistan;

evidence of having imported the goods at dumping prices and the availability of serious damage or threat of causing serious damage to the sector of the economy due to the import of goods at dumping prices, information on the normal value and the export price of the goods (for the cases provided for in chapter III of this Law);

evidence of the presence of subsidies with indication, if possible, the size of this subsidy and the presence of serious damage or threat of causing serious damage to the sector of the economy due to the import of subsidized goods (for the cases provided for in chapter IV of this Law).

The statement may be withdrawn by the applicant before the start of the investigation or in the course of its implementation. If the application is withdrawn prior to the start of the investigation, it shall be considered not filed. If the application is withdrawn in the course of the investigation, the authorized body has the right to continue the investigation or to stop it.

The investigation can be carried out on its own initiative, the authorized body if there is evidence of increased imports of goods, imports of goods at dumped prices or import of subsidized goods and due to such imports of serious damage or threat of causing serious damage to the sector of the economy.

Article 23. Mandotory conditions for the start of the investigation

In over thirty days after submission of the application the authorized body must examine the accuracy and adequacy of the specified in the application data and take a decision on the conduct of the investigation or of the refusal to conduct an investigation with a subsequent message to the applicant in written form. When making the decision about the refusal to conduct an investigation authorized body notifies the applicant of the reasons for the refusal.

Prior to the decision to conduct an investigation, the authorized body does not have the right to disclose the content of the application, the fact of its receipt and information about its consideration.

If the authorized body considers the data insufficient, it is in a ten period from the date of receipt of the application notifies on this to the applicant in written form and gives him the opportunity to introduce amendments or additions to application.

If the applicant introduces amendments or additions to application, the deadline for consideration of the application begins on the day of receipt of these amendments or additions.

If the applicant does not provide the requested by an authorized body of the additional data in within fifteen days from the date of receipt of messages and do not ask about the postponement in the provision of such data, the authorized body shall have the right to refuse in consideration of statements about what informs the applicant in written form.

The authorized body for the beginning of the investigation ensures compliance with the objectivity of the consideration of the application and the maximum account of the views of his producers of Uzbekistan corresponding branch of the economy by identifying the proportion of the applicant in the total production of goods in respect of which the submitted application. For this, the authorized body is entitled to request the opinion of other producers and consumers of the Republic of Uzbekistan of similar goods on this application.

Article 24. Decision and notification on the beginning of the investigation

After the adoption of the decision on the beginning of the investigation authorized body in the within thirty days shall:

notify all interested parties of the upcoming investigation;

publish a notice of the beginning of the investigation in the official publication.

The notice of the start of the investigation should contain:

the name of the country, exporting countries and the goods being the subject of the investigation;

date the investigation began;

a summary of the facts confirming the legitimacy of the statement;

the address to which interested parties should send their materials, and the timing of their submission.

The investigation did not should prevent customs clearance and release in the customs territory of the Republic of Uzbekistan of goods, which is the object of the investigation.

The bodies of state power and control should provide assistance to conduct an investigation and provide on request of the authorized body of the samples of the goods and the necessary information in that number confidential.

Article 25. Terms of investigation

Term of investigation preceding the application of protective measures, does not have to exceed nine months from the date of the beginning of the investigation.

Term of investigation preceding the application of anti-dumping and compensation duties, do not have to exceed twelve months from the date of the beginning of the investigation. In exceptional cases, by decision of the authorized body, the specified period may be extended to six months.

An investigation may be suspended or terminated by an authorized body if a foreign state or exporter undertakes obligations to eliminate serious damage or the threat of causing serious damage to an economic sector.

Article 26. Features of the investigation

The authorized body refuses to conduct an investigation, if found no serious damage or threat of causing serious damage to the sector of the economy.

The investigation preceding the application of anti-dumping duties should be immediately discontinued if will be found that the dumping margin is less than two per cent of the export price or the volume of imports of goods by dumping prices or serious damage or threat of causing serious damage to the sector of the economy from it are in accordance with the legislation insignificant.

An investigation prior to the application of compensation duties should be immediately terminated if it is established that the amount of the subsidy does not exceed one percent of the value of the goods.

VI. FINAL PROVISIONS

Article 27. Confidentiality of information

Confidential information provided in the course of the investigation the authorized body, is not subject to disclosure without written permission, which provided her concerned face.

Article 28. Cancellation of protective measures, anti-dumping and compensation duties

If the elimination of serious damage or threat of causing serious damage to the sector of the economy is defined as a result of the application of protective measures, antidumping and compensation duties, the authorized body makes a proposal to the Cabinet of Ministers of the Republic of Uzbekistan for their abolition.

Article 29. Settlement of disputes

Disputes in the field of application of protective measures, anti-dumping and compensation duties shall be settled in the manner prescribed by law.

Article 30. Responsibility for violation of the law on protective measures, antidumping and compensation duties

Persons guilty of violation of the law on protective measures, anti-dumping and compensation duties are liable in the prescribed manner.

President of the Republic of Uzbekistan I. KARIMOV

Tashkent city,

December 11, 2003,

No. 554-II