Anti-Dumping Measures under Ukrainian Law

Originally published 30.10.2007

The World Trade Organization (WTO) was established for progressive liberalization of international trade by means of lowering and/or eliminating trade barriers (both tariff and non-tariff) based on the principles of most-favored-nation, national treatment, freer trade, predictability and promoting fair competition, etc. Notwithstanding the fact that the WTO is destined mainly to eliminate any obstacles in international trade, the WTO agreements envisage some exceptions, in particular: (a) actions against dumped imports, i.e. anti-dumping duties; (b) actions against unlawful subsidies, i.e. countervailing duties; (c) actions against surge imports, i.e. safeguard measures (quotas and duties). Taking into account the fact that Ukraine could well become a member of the WTO shortly, it is worth analyzing the practice of applying the said exceptions in Ukraine.