The ministry announced In an official notice published in Ukraine’s government gazette on Oct. 9 it has approved a request by Mironovskiy Hilboproduct (MHP) – a major chicken producer in Ukraine and the main petitioner of the dumping allegation – to rescind the Ukrainian industry’s dumping petition. The ministry had notified the US Embassy in Kiev in September it had accepted MHP’s request.
MHP filed the dumping petition early 2009, alleging the Ukrainian industry had suffered economic injury from imports of US chicken. Based on the petition, the Ministry of Economy launched an anti-dumping investigation against the US chicken industry. The Brazilian chicken industry was also included in the investigation.
US Poultry & Egg Export Council applauds the Ukrainian Ministry of Economy’s decision to accept the request from MHP and the other petitioners to drop the anti-dumping investigation against US chicken. It is obvious that the ministry listened to the facts presented in the case and gave them careful consideration in accordance with World Trade Organization anti-dumping rules, the association relayed.
USAPEEC and its legal team on behalf of the US industry argued the Ukrainian petitioners did not prove that US chicken imports constituted dumping or material injury to the industry in accordance with the WTO’s definitions.
The Ukrainian industry argued in its petition that US and Brazilian imports caused a glut of chicken on the market, which drove down prices. USAPEEC argued that imports of US chicken parts into Ukraine do not compete directly with fresh domestic product, and that rendering a decision in favor of the Ukrainian industry would have a negative impact on local consumers by increasing chicken prices.
“The decision by the Ukrainian Ministry of Economy in favor of the U.S. and Brazil should send a strong signal to other countries that pursuing an anti-dumping case against a supplying country may not be the best approach to take to address their concerns,” USAPEEC said.
USAPEEC also lauded the work of Volkov Koziakov and Partners, its Ukrainian law firm, along with its US legal advisor, Gary Horlick. The council also thanks the US agriculture and commercial staff at the US Embassy in Kiev for their strong support in the case.