Sayenko Kharenko represented clients in safeguard investigation related to imports of wires notwithstanding country of origin and export

On 28 July 2020, the Interdepartmental Commission on International Trade initiated a safeguard investigation on imports into Ukraine of wires notwithstanding country of origin and export.

Sayenko Kharenko’s international trade team represented the interests of JSC “Tele-Fonica Kable” and TF-K LLC in the specified investigation. It prepared comments to the application on the investigation initiation, answered questionnaires, commented on the questionnaire of the national producer and on the comments to the main facts and conclusions of the investigation, as well as sent various inquiries to the customs authorities.

Nevertheless, the Interdepartmental Commission on International Trade decided to apply 23.5 per cent duty based on the investigation results. This decision harmed the interests of JSC “Tele-Fonica Kable” and TF-K LLC, as well as some other interested parties.

Since the decision affected national interests, in particular, threatened implementation of the state programme for informatisation and modernisation of the energy infrastructure, for the first time in 22 years of existence of safeguard investigations in Ukraine, a review of these safeguard measures was initiated without judicial appeal. Our international trade team successfully represented the interests of JSC “Tele-Fonica Kable” and TF-K LLC in this review. As a result, the safeguard measures were terminated before they entered in force, which was a unique decision for Ukraine.

Sayenko Kharenko team consisted of associates Tetiana Tanchyn and Mariia Shulha and junior associate Oleksandra Sandul working under the supervision of partner Anzhela Makhinova.