Ilyashev & Partners Secures a Provisional Anti-Dumping Duty on Glass Containers from Belarus

The International Trade Practice Team of Ilyashev & Partners Law Firm, headed by partner Olena Omelchenko, which represents the interests of Association of Ukrainian Glass Producers “Glass of Ukraine” and its members, has secured the introduction of provisional anti-dumping duty on imports to Ukraine of glass containers originating from the Republic of Belarus.

According to the interim results of the anti-dumping investigation, on 2 November 2022 the Interdepartmental Commission on International Trade decided to apply a provisional anti-dumping duty of 31.37% on the following goods: glass containers (canning jars, bottles) for food and beverages with a capacity of 0.15 liters or more, but less than 2.5 liters, which are classified under the Ukrainian Classification of Goods for Foreign Economic Activity (UCGFEA) codes 7010 90 41 00, 7010 90 43 00, and 7010 90 45 00; jars made of colored glass with a nominal capacity of more than 0.33 liters, but less than 1 liter, which are classified according to UCGFEA code 7010 90 53 00.

This decision on application of provisional duty on imports of goods to Ukraine is the first decision adopted by the Commission after 24 February 2022. The application of provisional anti-dumping duties is an extremely exceptional intermediate result in the practice of anti-dumping investigations in Ukraine. The most recent example when such duties were imposed to by the Interdepartmental Commission on International Trade in 2020 as part of an anti-dumping investigation, in which Ilyashev & Partners also acted as a legal adviser to a national producer.

“The application of such measures is the result of a timely response of the Government of Ukraine to the manifestations of unfair competition of Belarusian manufacturers on the glass container market in Ukraine and will allow national manufacturers to quickly resume work on eliminating the consequences of dumped imports of goods”, – pointed out Olena Omelchenko. – This decision is extremely important especially in the context of the full-scale invasion of the Russian Federation during which a significant number of domestic producers suffered significant losses and require additional protection against unfair competition on the part of Belarusian producers. We express our gratitude to the Ministry of Economy and the Interdepartmental Commission for prompt response to the resolution of business problems and eagerness to issue extremely important decisions at these trying times for our country”.

The provisional anti-dumping duty is introduced for a period of four months and will be charged from the date of publication of the relevant decision of the Interdepartmental Commission in the Uriadovyi Kurier. The provisional anti-dumping duty will be levied by the customs authorities regardless of the payment of other taxes and fees (mandatory payments).

It will be recalled that the decision to initiate an anti-dumping investigation based on the results of consideration of the request filed by Association of Ukrainian Glass Producers “Glass of Ukraine” and prepared by the International Trade Practice team of Ilyashev & Partners, was made by the Interdepartmental Commission on International Trade on 22 December 2021.

Association of Ukrainian Glass Producers “Glass of Ukraine” is a non-governmental organization uniting Ukrainian manufacturers of glass containers, plate glass, glassware, and art glass, as well as suppliers of equipment, materials, and services for the glass industry. The Association was founded in 1997. Members of the Association produce over 80% of glass items in the country.

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