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31 July 2014

Sayenko Kharenko successfully represented the Ukrainian producers of ammonium nitrate within the sunset review and the interim review of anti-dumping measures applied to imports into Ukraine of ammonium nitrate originating in the Russian Federation

Sayenko Kharenko's international trade team successfully represented JSC “Azot”, JSC “Rovnoazot”, PJSC “Severodonetsk union Azot” and JSC “Concern Stirol” (Ostchem Group) within the sunset review and the interim review of anti-dumping measures applied to import into Ukraine of ammonium nitrate originating in the Russian Federation.

Based on its sound experience and expertise in the trade defense remedies proceedings and the WTO related issues, Sayenko Kharenko’s international trade team successfully represented Ukrainian producers of nitrogen fertilizers in the course of the whole proceeding starting from drafting the requests for the reviews initiation; registration of the interested parties; answering the questionnaires for the national producers and additional questionnaires; drafting commentaries to the answers to questionnaires submitted by foreign producers including requesting construction of normal value based on the fair market price of natural gas; participating in the hearings and drafting post-hearings submission, commenting the report on preliminary results of the interim review and the sunset review, etc.

On 1 July 2014, the Interdepartmental Commission on International Trade adopted decision to increase the rates of anti-dumping duties applied following results of the initial anti-dumping investigation as follows:

(i) to the exporter JSC “Drogobuzh” – 20,51% (instead of 9,76% applied after the initial anti-dumping investigation);

(ii) to the exporter JSC “MHK” EuroChem” – 36,03% (instead of 0% applied after the initial anti-dumping investigation and judicial challenge of the results of investigation);

(iii) to other exporters from the Russian Federation – 36,03% (instead of 11,91% applied after the initial anti-dumping investigation).

The above new anti-dumping measures are imposed for 5-year period starting from 8 July 2014 when the notification on the relevant decision was published in the official newspaper “Uryadovyy Kuryer”.

Sayenko Kharenko's team included associates Anzhela Makhinova and Tetyana Makukha and was led by Nataliya Mykolska, counsel and head of international trade practice group at Sayenko Kharenko.

"This is my first experience in protecting the interests of national producers in the domestic market over the last 18 years of international anti-dumping practice. I am glad that this experience has been successful thanks to Sayenko Kharenko’s team and personally to Nataliya Mykolska. I am delighted with the fact that some Ukrainian law firms are already experienced enough to play in the "major league" of this specific practice area"- says Igor Golchenko, Ostchem’s Head of Legal. 


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