Page 59 - Azerbaijan State University of Economics

Fakhri M. Mammadov: Azebaijan–WTO relations, problems and future perspectives

Goal of law. The legal ground for protecting measures applied to product which may

cause losses to economic operations of the national enterprises, producing the same or competing

product, in the analogue field.

Content of law. The law must stipulate mechanism for identification of serious damage to

the national producer: criteria for scale of protecting measures in order to promote refurbishment

or adoption of the fields; mechanism for basing and procedure of application of protecting

measures; length of protecting measures -maximum up to 4 years with re-continuation for 4

years. The criteria for serious damage should be the following factors: growth of tempos and

volume of import in relative and absolute indication. The growth of share of import in the

national market, reduction of sales of national products, loading of production capacities, cut of

profits of employment in the given sector. The expert group considers the law may really ensure

adequate level of protection for initial production sectors, concerning rural products and

processed products.

2). Law "Anti-dumping measures".

We consider protection of national producers from import of anti-dumping products

needs separate law under growing unfair competition and anti-dumping disputes within WTO.

Goal of law. The law must stipulate in details the anti-dumping procedure: criteria of analysis on

impact of dumping with assessment of all economic factors (real reduction of sales on national

products, production and cut of share of domestic products in the market, decrease of

performance, employment, salary and etc.). It should be noted anti-dumping measures must be

supported by the domestic producers, ensuring at least 25% of production of the analogue

product. The anti-dumping measures (duties) may be applied for up to 5 years.

3). Law on subsidies of compensating measures

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