Malting barley: import – yes, export – no? (2013-01-31)

In accordance with requests of foreign processing companies (malting and brewing production) from the EU countries on the possibility to procure Russian malting barley, we give the legal information below:

regarding barley (including malting barley) produced on the territory of the Customs Union countries (Russia, Belarus and Kazakhstan), a restrictive measure has been being in force – tariff quota in the amount of 300 000 tons / year, import customs duty within the quota is 16 Euro / ton, for amounts in excess of the quota the rate is 93 Euro / ton. The restriction is in force since 01.01.2004 (see List of restrictive measures on the BMBU website).

We inform you that the Barley, Malt and Beer Union plans to appeal to the Eurasian Economic Commission (EEC) with an appropriate statement about the need to review the given restriction. For example, the quota for soft wheat deliveries to EU is 2,989,240 tons.

In accordance with requests of Russian malting barley producers on the possibility of introduction of protective measures and restrictions to import malting barley to the Russian market, we give the legal information below:

Eurasian Economic Commission (Department for protective measures in foreign trade) has drafted the Agreement on application of special protective, antidumping and compensatory measures against third countries (see Agreement on the BMBU website), which can be imposed in case of “material damage to branch of economy” – proved by evidences of  economic sector decline of the Parties states, which is reflected, in particular, in reduced volume of alcohol production in the Parties states,in reduced volume of its sale on the market of the Parties states, and inreduced profitability of such goods production, as well as the adverse impact on commodity stock, employment, wages in this economic sector of the Parties states and the level of investment in this branch of the economy of the Parties states;

antidumping measures” are measures to counter the dumping imports that is applied by the decision of the Customs Union Commission by introduction of antidumping duties, including the provisional anti-dumping duties or by approval of price commitments of the exporter;

antidumping duty” is the duty that is applied by introduction of antidumping measures and it is collected by customs authorities of the Parties states regardless of import duties; 

import quota” is limitation of import of goods to the common customs territory of the Customs Union concerning volume and (or) price;

“compensatory measures” are measures to counteract the effects of specific subsidies of the exporting foreign country on economic sectors of the Parties states applied by decision of the Customs Union Commission by the introduction of a compensatory duty including an introductory compensatory duty or approval of the commitments accepted by the authorized body of a subsidizing foreign state or exporter;

“compensatory duty” is the duty that is applied by introduction of compensatory measures and it is collected by customs authorities of the Parties states regardless of import duties.

Department for protective measures in foreign trade has already introduced:

– preliminary special duty with regard to imported (to the common customs territory of the Customs Union) combine harvesters and combine harvesters modules, consisting at least of threshing and separating device, equipped or not equipped with threshing drum, engine cleaning systems fixed on the support base and the main frame with provisions for installation of bridges, wheels or tracks;

– antidumping measure regarding antifriction bearing from China;

– special antidumping duty regarding enameled cast-iron bathtubs from China.

Imports of fabrics made of chemical fibers and threads, imports of caramel, imports of tableware and kitchenware of porcelain, imports of stainless steel pipes and so on are under investigation.

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