Russia Wins Ukraine AN Antidumping Appeal
The World Trade Organization’s (WTO) Appellate Body on Sept. 12 ruled in favor of Russia in an appeal brought by Ukraine over antidumping duties for ammonium nitrate (AN) coming from Russia. Russia, which brought the case in 2015, essentially won it in 2018, but Ukraine appealed (GM July 27, 2018; Nov. 9, 2018).
The 2018 panel agreed with Russia’s allegations that Ukraine had violated the WTO rules by failing to acknowledge Russian prices for gas and provide reasonable grounds for the decision, and that Ukraine had acted inconsistently in its price effects’ analysis, which formed part of the determinations of injury and its dumping determinations.
According to Interfax, the Russian Economic Development Ministry told reporters that the Appellate Body decision is good news for it going forward, as it has similar gas arguments in four other cases against the European Union before the WTO, those involving ammonium nitrate, UAN, welded pipes, and seamless pipes. “The decisions of the panel and the Appellate Body indicate that the E.U.’s method is not compliant with WTO norms either, and they improve Russia’s chance of successfully challenging European antidumping measures,” said a Ministry official.
The 2018 WTO panel also upheld Russia’s claim that the Ukraine authorities acted inconsistently with the Anti-Dumping Agreement by including Russian fertilizer group EuroChem AG in the scope of the original antidumping investigation, citing the minimal margin of dumping.
However, while the WTO findings largely favored Russia, the panel rejected certain of Russia’s allegations, such as the claim that Ukraine relied on an injury not established within the provisions of the Anti-Dumping Agreement.
Ukraine has had antidumping duties in force on imports of Russian AN since 2008. In July 2014, it decided to maintain the duties following a review, setting the rate at 20.51 percent for Acron Group subsidiary Dorogobuzh and 36.03 percent for other Russian exporters to the country for a period of five years.
In March 2018, Ukraine raised the antidumping duties on Russian AN (GM March 30, 2018). The duties increased to 29.25 percent for Dorogobuzh and to 42.96 percent for other Russian exporters. Later in 2018, Ukraine cancelled its import ban on AN with an N content above 28 percent from Russia (GM May 25, 2018). The ban was imposed in March 2018 as part of the wider temporary embargo on the import of mineral fertilizers from Russia.