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Ilyashev & Partners Law Firm successfully defended the interests of Association of Glass Producers “Glass of Ukraine” and its members, has secured the introduction of final anti-dumping measures on imports to Ukraine of glass containers originating from the Republic of Belarus.
The anti-dumping investigation was initiated following a complaint by the Association, which members produce more than 80% of glass products in the country. A significant number of domestic producers suffered significant losses and needed additional protection against unfair competition from Belarusian producers.
The International Trade Practice Team of Ilyashev & Partners Law Firm under the supervision of the Partner Olena Omelchenko, initiated an anti-dumping investigation in 2021, and already in 2022 secured the application of preliminary anti-dumping measures on imports of glass containers from Belarus.
This was the first decision of the Interdepartmental Commission on International Trade (ICIT) on the application of restrictions on imports of goods to Ukraine since the beginning of the full-scale Russian aggression. The introduction of provisional anti-dumping measures is an exceptional intermediate result in anti-dumping investigations, which is very difficult to achieve. Prior to the full-scale Russian war, similar measures were introduced in 2020, when the interests of the domestic manufacturer were also represented by Ilyashev & Partners Law Firm.
On July 13, 2023, based on the results of consideration of the complaint of the Association, the ІСІТ adopted decision No. AD-548/2023/441-01 on the application of the anti-dumping duty for five years in the amount of 49.81% on the following goods: glass containers (glass canning jars, bottles) for food and beverages with a nominal 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 one liter, which are classified under the Ukrainian Classification of Goods for Foreign Economic Activity (UCGFEA) code 7010 90 53 00. The decision of the ICІT entered into force on August 2, 2023 – the day of the publication of the notice on the application of final anti-dumping measures on imports to Ukraine of glass containers originating from the Republic of Belarus.
Ilyashev & Partners Law Firm proved the need to protect national producers due to significant damage caused to them by dumping imports from Belarus: producers could not use their production capacities to the fullest, labor productivity decreased, sales volumes in the domestic market dropped. The introduction of provisional anti-dumping duties by the Interdepartmental Commission on International Trade significantly contributed to resumption by Ukrainian glass producers of their work and fair competition in the market, therefore the final anti-dumping measures became a logical continuation of protection of the national interests of Ukraine.