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Ukraine loses appeal against Russia in WTO

The dispute began in 2015, a year after Ukraine introduced anti-damping duties for ammonium nitrate of Russian origin
19:56, 12 September 2019

112 Agency

The appeal authority of the World Trade Organization (WTO) declined Ukraine's appeal in the lost dispute with Russia, concerning the duties for ammonium nitrate of Russian origin. The court's decision may be found on the WTO website.

"The Panel found that the Ukrainian authorities violated Article 2.2.1.1 in rejecting the gas prices of Russian producers as they did not provide an adequate basis to justify this decision. The Panel found that the Ukrainian authorities violated Article 2.2 because they did not make sufficient adjustments to ensure that the surrogate gas price reflected costs in Russia. The Panel also upheld a claim by Russia under Article 2.2.1 of the Anti-Dumping Agreement alleging that inconsistencies with cost calculations under Article 2.2.1.1 distorted the ordinary-course-of-trade test conducted by the Ukrainian authorities under Article 2.2.1. Further, the Panel found that by relying on dumping margins calculated inconsistently with Articles 2.2, 2.2.1 and 2.2.1.1 to make their likelihood-of-dumping determinations, the Ukrainian authorities also violated Articles 11.2 and 11.3 of the Anti-Dumping Agreement", reads the report.

Ukraine imposed the anti-damping duties for ammonium nitrate of Russian origin in 2014. These were supposed to be active unil July 2020. Russia appealed against the decision in 2015.

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