Ukraine Drops Anti-Dumping Case over US Chicken

GLOBAL - The Ukrainian Ministry of Economy has accepted a request from the Ukrainian poultry industry to withdraw its dumping petition against the US chicken industry. The US industry organisation welcomes this decision.
calendar icon 15 October 2010
clock icon 3 minute read

In a statement, the USA Poultry & Egg Export Council (USAPEEC) states that in an official notice published in Ukraine's government gazette on 9 October, the ministry announced that 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 that it had accepted MHP's request.

In early 2009, MHP filed the dumping petition, alleging that 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.

The USA Poultry & Egg Export Council (USAPEEC) 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.

On behalf of the US industry, USAPEEC and its legal team argued that 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.

In its petition, the Ukrainian industry had argued 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 favour 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 favour of the US 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 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.

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