Turkish Trade Remedies – 14 August 2015 to 25 August 2015

Orçun Çetinkaya, LL.M. and Metin Abut - August 25, 2015

The following article gives an overview of recent developments in enforcement of the Turkish customs regime, including decisions by the Council of Ministers and communiqués by the Ministry of Economy regarding prevention of unfair competition in imports,  made between 14 August 2015 and 25 August 2015.

Anti-Dumping Duties Expiring In The First Half of 2016 Announced

The Communiqué on Unfair Competition Prevention in Imports numbered 2015/36 (“Communiqué”) was published in Official Gazette number 29447 on 14 August 2015 and entered into effect on that day. The Communiqué announced the anti-dumping duties which will expire in the first half of 2015, provided an expiry revision investigation is not launched.

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Domestic producers or persons acting on behalf of domestic producers (either legal or real) can ask the Import General Directorate of the Ministry of Economy (“Directorate”) to initiate an expiry revision investigation. Requests must be made on the grounds that termination of the current anti-dumping duties will cause dumping to continue and repeat the related damage. Written applications must be submitted to the Directorate at the latest three months before the termination date.

If an application is deemed valid, the Directorate will initiate an expiry revision investigation. The current anti-dumping duty will remain in force until the expiry revision investigation is complete.

The Directorate considers whether the duty is still necessary to achieve the original objective and whether the damage would repeat or continue if the duty were removed. It has discretion to increase, decrease, or remove the anti-dumping duty, as well as leave it to continue at the current level.

Please see this link for the full text of the relevant Communiqué (only available in Turkish).

Dumping Investigation Launched Into Flat-Rolled Stainless Steel Products

Posco Assan TST Çelik San. A.Ş.A.Ş. requested a dumping investigation be initiated into “flat-rolled products of stainless steel” which are imported from the People’s Republic of China or Chinese Taipei and classified under tariff codes 7219.31.00.00.00, 7219.32.10.00.00, 7219.32.90.00.00, 7219.33.10.00.00, 7219.33.90.00.00, 7219.34.10.00.00, 7219.34.90.00.00, 7219.35.10.00.00, 7219.35.90.00.00, 7220.20.21.00.11, 7220.20.21.00.12, 7220.20.29.00.11, 7220.20.29.00.12, 7220.20.41.00.11, 7220.20.41.00.12, 7220.20.49.00.11, 7220.20.49.00.12, 7220.20.81.00.11, 7220.20.81.00.12, 7220.20.89.00.11 and 7220.20.89.00.12. The request was made on the grounds that the goods are dumped and importation of such goods damages domestic production.

Accordingly, an investigation has been initiated under the Communiqué on Unfair Competition Prevention in Imports numbered 2015/38, published in Official Gazette number 29453 on 22 August 2015.

Parties which are sent a notification will be allowed 37 days from the date the notification was sent to respond (including the mailing period). For parties which are not sent a notification (or to whom the notification is not delivered), the 37 day period will run from the date the relevant Communiqué was published.

If the relevant parties fail to cooperate, temporary or permanent investigation determinations will be made based on the current data. If a party fails to cooperate, this can result in less favorable investigation outcomes for that party.

Please see this link for the full text of the relevant Communiqué (only available in Turkish).

Anti-Dumping Duty On Plastic Ballpoint Pens With Liquid Ink Will Continue

The Import General Directorate of the Ministry initiated an expiry revision investigation upon receiving an application by Pensan Kalem ve Kağıt Sanayi ve Ticaret A.Ş, supported by Adel Kalemcilik Ticaret ve Sanayi A.Ş. The Import General Directorate resolved to continue existing definitive measures. These definitive measures apply to plastic ballpoint pens with liquid ink imported from the People’s Republic of China, classified under tariff codes 9608.10.10.10.00 and 9608.50.00.10.00. The measure entered into effect by being published in Official Gazette number 29453 on 22 August 2015.

Accordingly, an anti-dumping duty of US $0.066 each will be continue to be applied.

The decision was made with the Communiqué on Unfair Competition Prevention in Imports number 2015/39. Please see this link for the full text of the Communiqué (only available in Turkish).

Anti-Dumping Duty Imposed On Woven Fabrics Of Synthetic or Artificial Staple Fibers Imported From Bulgaria And Poland

The Import General Directorate resolved with the Communiqué on Unfair Competition Prevention in Imports number 2015/40 to impose definitive measure on “woven fabrics of synthetic or artificial staple fibers” imported from Bulgaria and Poland, classified under the tariff code 55.13, 55.14, 55.15 and 55.16. The measure entered into effect by being published in Official Gazette number 29453 on 22 August 2015.

An anti-dumping duty is not imposed on imports from Bulgaria by E Miroglio EAD and Belotex 95 JSC, which the investigation deemed to be a collaborator. However, an anti-dumping duty amounting to 87% of CIF value is imposed on all other companies importing “woven fabrics of synthetic or artificial staple fibers” from Bulgaria and Poland.

Please see this link for the full text of the relevant Communiqué (only available in Turkish).

Anti-Dumping Duty Imposed On Woven Fabrics Made Of Synthetic Filament Yarn (For Clothing) Imported From Bulgaria

The Import General Directorate resolved with the Communiqué on Unfair Competition Prevention in Imports number 2015/41 to impose definitive measure on “woven fabrics of synthetic filament yarn (only for clothing)” imported from Bulgaria, classified under tariff code 54.07. The measure entered into effect by being published in Official Gazette number 29453 on 22 August 2015.

An anti-dumping duty is not imposed on imports from Bulgaria by E Miroglio EAD and Belotex 95 JSC, which the investigation deemed to be a collaborator. However, for all other companies importing “woven fabrics of synthetic filament yarn (for clothing)” from Bulgaria, the following anti-dumping duties will apply:

– 44% of CIF value for products heavier than 110gr/m2

– 13% of CIF value for products lighter than 110gr/m2

Please see this link for the full text of the relevant Communiqué (only available in Turkish).

Dumping Investigation Launched Into Sewing Thread Of Synthetic And Artificial Staple Fibers Imported From Chinese Taipei

İstanbul Tekstil ve Hammaddeleri İhracatçı Birliği ve Adana Mensucat requested a dumping investigation be initiated into “sewing thread of synthetic and artificial staple fibers (fiber yarn)” imported from Chinese Taipei and classified under tariff codes 55.08, 55.09 (excluding 5509.52; 5509.61; 5509.91), 55.10 (excluding 5510.20) and 55.11. The request was made on the grounds that the goods are dumped and importation of such goods damages domestic production.

Accordingly, an investigation has been initiated under the Communiqué on Unfair Competition Prevention in Import numbered 2015/42, published in Official Gazette numbered 29453 on 22 August 2015.

Parties which are sent a notification will be allowed 37 days from the date the notification was sent to respond (including the mailing period). For parties which are not sent a notification (or to whom the notification is not delivered), the 37 day period will run from the date the relevant Communiqué was published.

If the relevant parties fail to cooperate, temporary or permanent investigation determinations will be made based on current data. If a party fails to cooperate, this can result in less favorable investigation outcomes for that party.

Please see this link for the full text of the relevant Communiqué (only available in Turkish).

Change To Anti-Dumping Duty Applied To Fiberglass Products Imported from The People’s Republic of China

The anti-dumping duty applied to fiberglass products imported from the People’s Republic of China was changed by the Communiqué on Change of the Communiqué on Unfair Competition Prevention in Imports number 2015/42.

The Communiqué was published in Official Gazette number 29453 on 22 August 2015 and entered into effect on that day. Please see this link for the full text of the relevant Communiqué (only available in Turkish).