Trade defence investigations in wartime

The year 2025 was very active in Ukraine in terms of initiation of new anti-dumping investigations and reviews, as well as application/extension of the anti-dumping measures. This is a logical consequence of the sharp rise in protectionist policies around the world. Particularly, the ANNUAL REPORT BY THE WTO DIRECTOR-GENERAL “OVERVIEW OF DEVELOPMENTS IN THE INTERNATIONAL TRADING ENVIRONMENT” of 20 November, 2025 demonstrated a record increase in various restrictive measures in the world. As a result, Ukrainian producers have lost their major export markets or have considerably decreased their presence there, and their economic results have deteriorated on the Ukrainian internal market because imports from different countries have surged in Ukraine. This article focuses on Ukraine’s trade defence policy in 2025.

Statistics

In 2025, Ukraine initiated 11 proceedings, namely:

• Two new anti-dumping investigations against imports of cable and wire products originating in Azerbaijan, Uzbekistan, and Turkey coming into Ukraine, and electric storage water heaters originating in China;
• Six sunset reviews against imports of bars made of carbon and other alloy steels originating in Belarus and Moldova; seamless hot-formed steel pipes originating in China; steel fasteners originating in China; seamless stainless steel pipes originating in China; aerated concrete blocks originating in Belarus; products made of ferrous metals, without electrical insulation, from China;
• Three anti-circumvention investigations against imports of steel fasteners, carbon steel rolled products with coating, and wires, all originating in China.

As for the measures, Ukraine has applied four new anti-dumping duties against imports of matches from India; radiators for heating from China and Turkey; cucumbers and tomatoes from Turkey; fittings from China and Turkey. Ukraine has also extended three anti-dumping measures to be applied against imports of galvanised steel from China and Russia; cement from Russia, Belarus, and Moldova; lamps from China.

Fragmented industries can now initiate investigations in Ukraine

Until 2025, investigations were usually initiated by one or maximum several producers. However, in 2025 the Interdepartmental Commission on International Trade (i.e. the agency responsible for adoption of all decisions related to anti-dumping investigations to name but a few: on initiation of the investigation, on application of anti-dumping duties etc.) (the Commission) initiated an anti-dumping investigation against imports of cucumbers and tomatoes at the request of a record nine unrelated producers – green houses – represented not by large companies but by medium and even small ones.

Moreover, the Ministry of Economy of Ukraine (i.e., the agency responsible for conducting anti-dumping investigations in Ukraine) (the Ministry) has analysed in detail the issue of how to treat individuals-entrepreneurs during investigations. The issue has occurred because, under Ukrainian law, such individuals do not submit full financial statements, production reports, etc. Following a comprehensive analysis of the issue including the peculiarities of preparing state statistics in Ukraine, financial reporting, and specifics of the vegetable market, the Ministry has concluded that if there are large producers and individuals-entrepreneurs, large producers can act as the domestic industry without involving individuals-entrepreneurs.

This decision is a benchmark for industries consisting of SME producers because, since July 2025, they can initiate anti-dumping investigations for protection against unfair imports.

Replacement of producers that initially initiated the investigation

In the sunset review of anti-dumping duties against imports coming into Ukraine of galvanised steel from Russia and China, the Ministry has addressed the situation when the initial applicant of anti-dumping duties was destroyed by Russia during the war. Still, other producers (which have not participated in the basic investigation) have requested the extension of the applied anti-dumping duties. The Ministry has confirmed the right of such other producers to act as the domestic industry for the purposes of sunset review initiation. This example is also very landmark for Ukraine since many Ukrainian producers have suffered from Russian aggression.

Anti-circumvention investigations could be initiated in Ukraine

The Law of Ukraine On Protection of Domestic Industry from Dumped Imports directly stipulates a possibility to initiate anti-circumvention investigations in the following cases: if after application of anti-dumping measures, (1) there is a change in the trade structure between Ukraine and other countries; and (2) instead of importation of finished products, assembling operations are made in Ukraine or a third country.

However, under the said Law, the initiation is permitted of an anti-circumvention investigation only with simultaneous registration of import contracts and deposits of funds by the supplier onto the account of the State Customs Service of Ukraine. In the absence of the relevant regulations on contract registration and deposits, the Ministry cannot initiate anti-circumvention investigations. Instead, the Ministry initiated either new anti-dumping investigations against other exporting countries or interim reviews if importers had modified the products to avoid the application of anti-dumping duties.

In 2025, Ukraine initiated three anti-circumvention investigations. It extended the application of anti-dumping measures initially applied against China to imports from Malaysia, even in the absence of regulations on contract registration and deposits. This is, indeed, one of the important developments in trade defence practice in Ukraine.

Individual anti-dumping duties could be calculated for exporters that are not producers

Usually, the Ministry has calculated individual dumping margins and applied anti-dumping duties only to producers and producers-exporters because only these interested parties have all the information. For example, the cost of production, which is mandatory for calculating dumping margins. At the same time, in the anti-dumping investigation related to imports of cucumbers and tomatoes with origin in Turkey, the Ministry has calculated the individual dumping margin and applied anti-dumping duty to an exporter that has not acted as a foreign producer. This was done because of the peculiarities of this product market in Turkey. In particular, the Turkish market is mainly represented by small farmers who do not export their tomatoes and cucumbers. Instead, they grow vegetables and then sell them to traders who form large consignments and further export tomatoes and cucumbers to other countries, such as Ukraine. In this specific case, the Ministry has concluded that it is possible to calculate individual dumping margins for exporters.

China continues to be regarded as country with a particular market situation for the purposes of anti-dumping investigations

Ukraine continues to consider China to be a country with a particular market situation (“characteristics of the exporting country’s domestic market” under Ukrainian legislation) for the purposes of anti-dumping investigations. This basically triggers the treatment of China as a non-market economy country.

Ukraine conducts a separate analysis of each Chinese product market and does not simply refer to the overall non-market economy status, as the US does when Chinese imports are subject to investigation. While establishing the particular market situation on the Chinese market, the Ministry usually refers to EU practice (Commission Staff Working Document on Significant Distortions in the Economy of the People’s Republic of China for the purposes of Trade Defence Investigations).

Taking into consideration the above, when calculating dumping margins for Chinese producers, the Ministry usually applies different adjustments, including the representative market approach. During the most recent anti-dumping investigations, Ukraine has used data from the US market as a representative market. The use of US market data is usually justified by the similarity in market sizes. Interestingly, in recent investigations against radiators from China, the application of a constructed normal value was specifically due to distortion in the Chinese market for raw materials for the product under investigation. And the Ministry was specifically comparing the Chinese and US aluminium markets and not the radiator markets.

Notwithstanding absence of trade between Ukraine and Belarus/Russia since February 2022, Ukraine extends the relevant anti-dumping duties applied against these countries

Ukraine continues to extend anti-dumping duties applicable against Belarus and Russia even though all trade has been halted since February 2022. While adopting the relevant decisions, Ukraine refers to the special exporters’ situation and economic conditions that could result in new types of dumping and injury to the domestic industry. To prove the above, the Ministry usually analyses the price behaviour of Russia and Belarus in other export markets, which usually demonstrates dumping. Furthermore, the Ministry takes into consideration the level of unused production capacities in the said countries, which are usually significant.

Notably, the Commission does not extend the relevant duties ex officio. Instead, the relevant requests must be submitted by domestic industry. Otherwise, the Commission has revoked the applicable duties.

New safeguards under the DCFTA

In June 2025, the EU decided not to extend the autonomous trade measures for Ukraine, initially introduced in June 2022 to support Ukrainian producers economically in response to the war. At the same time, the EU and Ukraine have amended the DCFTA by increasing tariff rate quotas and even abolishing them for some products. The relevant amendments set out by DECISION No. 3/2025 OF THE UKRAINE-EU ASSOCIATION COMMITTEE IN TRADE SECTION of 14 October, 2025 On the reduction and elimination of import duties in accordance with Article 29(4) of the Association Agreement between Ukraine, of the one part, and the European Union, the European Atomic Energy Community and their Member States, of the other part.

The said Decision, among others, stipulates a special safeguard mechanism if a new trade regime results in serious economic, social, or environmental difficulties of a sectoral or regional nature that may persist, have arisen, or threaten to arise in Ukraine, the EU, or in the individual EU countries. It is worth emphasising that the relevant proceedings and the types of measures that could be potentially applicable are not regulated in detail by the Decision.

Draft law on changing institutional structure

Ukraine is considering draft law No.14270 On amendments to certain laws of Ukraine regarding the improvement of legislation in the field of foreign economic activity and ensuring the protection of national commodity producers. This draft stipulates comprehensive reform of the agencies responsible for trade defence investigations. In particular, investigations are now conducted by the special department of the Ministry, and the Minister of Economy is the Chair of the Commission by position. The draft law stipulates that the Trade Representative of Ukraine (previously this position was in the structure of the Ministry, but now the position is in the structure of the Deputy Prime Minister for European and Euro-Atlantic Integration of Ukraine) will create a special body in the secretariat of the Government of Ukraine that will be responsible for trade defence investigations. Moreover, the Trade Representative of Ukraine will be the Chair of the Commission. This initiative has prompted mixed reactions within the business community.