Turkish Trade Remedies – 27 June 2015 to 3 August 2015

Orçun Çetinkaya, LL.M. and Metin Abut - July 31, 2015

The following article gives a summary of decrees by the Council of Ministers and communiqués by the Ministry of Economy regarding prevention of unfair competition in imports, made between 27 June 2015 and 3 August 2015.

Anti-dumping duty imposed on clean float glass

The Import General Directorate of the Ministry of the Economy initiated a dumping investigation upon receiving an application by Trakya Cam Sanayi A.Ş.. The Import General Directorate resolved in accordance with the Communiqué on Unfair Competition Prevention in Import numbered 2015/23 (“Communiqué”) to impose definitive measure on imports of “clean float glass” from Israel, classified under the tariff code numbered 7005.29. The measure entered into effect by being published in Official Gazette numbered 29399 on 27 June 2015.

An anti-dumping duty amounting to 20% of CIF value is imposed on imports from Israel by Phoenicia Flat Glass Industries Ltd, which the investigation deemed to be a collaborator. An anti-dumping duty amounting to 37.57% of CIF value is imposed on all other companies importing “clean float glass” from Israel.

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

Expiry review investigation launched into anti-dumping duty imposed on hinges

Samet Kalıp ve Madeni Eşya Sanayi ve Ticaret A.Ş. requested an expiry review investigation to be initiated into import of “hinges” from the People’s Republic of China and classified under tariff codes numbered 8302.10.00.00.11, 8302.10.00.00.19, 8302.50.00.00.00, 8302.42.00.00.00. The request was made on the grounds that termination of the current anti-dumping duties will cause dumping to continue and repeat the related damage. The request was supported by Yeniler Mobilya Endüstri Mamülleri Sanayi ve Ticaret A.Ş; Array Mobilya Rayları Sanayi Ticaret Ltd. Şti and Çağberk Cam Ayna Alüminyum Mobilya Oto Turizm Sanayi ve Ticaret Ltd. Şti.

Accordingly, an investigation has been initiated under the Communiqué on Unfair Competition Prevention in Import numbered 2015/26 (“Communiqué”), published in Official Gazette numbered 29406 on 4 July 2015.

Parties which are sent a notification will be allowed 37 days from the date the notification was sent (including the mailing period) to respond. 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 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).

Safeguard measure imposed on wallpaper and similar wallcoverings

Decree numbered 2015/7751 by the Council of Ministers in relation to Safeguard Measure for Import of Wallpaper and Similar Wallcoverings (“Decree”) was published in Official Gazette numbered 29409 on 7 July 2015. The Decree will enter into effect on the 30th day after publication.

According to the Decree, an additional financial liability will be imposed for three years with respect to import of wallpaper and similar wallcoverings classified under tariff codes numbered 4814.20.00.00.00, 4814.90.10.00.00 and 4814.90.70.10.00. The financial liability will be:

– 5 USD/KG for the first period.

– 5 USD/KG for the second period.

– 4 USD/KG for the third period.

Each period will be 12 months.

The Decree outlines tariff quotas applicable to specifically listed countries. The tariff quota determined for each period is 1,043 tones in total for all countries and customs zones. However, the quota cannot exceed 347 tones with respect to each country or customs zone within each period. An import license issued by the Import General Directorate is required to make imports within the scope of tariff quota.

Please see this link for the full text of the relevant Decree and its annexes (only available in Turkish).

Anti-dumping duty imposed on craft liner paper (not exceeding 175 GSM)

As a result of dumping investigation initiated by the Import General Directorate of the Ministry upon receiving an application by OYKA Kağıt Ambalaj San. ve Tic. A.Ş.., the Import General Directorate resolved in accordance with the Communiqué on Unfair Competition Prevention in Import numbered 2015/28 (“Communiqué”) to impose definitive measures on import of “craft liner paper (not exceeding 175 GSM)” from the United States and classified under tariff codes numbered 4804.11.11.10.00, 4804.11.15.10.00, and 4804.11.90.10.00. The measure entered into effect by being published in Official Gazette numbered 29416 on 14 July 2015.

An anti-dumping duty amounting to 9.43% of CIF value is imposed on imports from the United States by International Paper Company and 15.06% of CIF value for imports made by Rock-Tenn CP, LLP, which the investigation deemed to be collaborators. An anti-dumping duty amounting to 19.96 % of CIF value is imposed on all other companies importing of “craft liner paper (not exceeding 175 GSM)” from the United States.

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

Expiry review investigation launched in relation to anti-dumping duty imposed on bicycle tyres and tubes

Anlaş Anadolu Lastik San. ve Tic. A.Ş. requested an expiry review investigation to be initiated in relation to import of “bicycle tyres and tubes” from Chinese Taipei, Sri Lanka and Vietnam and classified under tariff codes numbered 4011.50.00.00.00 and 4013.20.00.00.00. The request was made on the grounds that termination of the current anti-dumping duties will cause dumping to continue and repeat the related damage.

Accordingly, an investigation has been initiated under the Communiqué on Unfair Competition Prevention in Import numbered 2015/32 (“Communiqué”), published in Official Gazette numbered 29417 on 15 July 2015.

Parties which are sent a notification will be allowed 37 days from the date the notification was sent (including the mailing period) to respond. 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 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).

Expiry review investigation launched in relation to anti-dumping duty imposed on motorcycle tyres and tubes

Anlaş Anadolu Lastik San. ve Tic. A.Ş. requested an expiry review investigation to be initiated in relation to import of “motorcycle tyres and tubes” from Chinese Taipei and Vietnam and classified under tariff codes numbered 4011.40 and 4013.90.00.00.11. The request was made on the grounds that termination of the current anti-dumping duties will cause dumping to continue and repeat the related damage.

Accordingly, an investigation has been initiated under the Communiqué on Unfair Competition Prevention in Import numbered 2015/32 (“Communiqué”), published in Official Gazette numbered 29417 on 15 July 2015.

Parties which are sent a notification will be allowed 37 days from the date the notification was sent (including the mailing period) to respond. 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 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).

Expiry review investigation launched in relation to anti-dumping duty imposed on metallized yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip or powder or covered with metal

Betareks Metalize İplik ve Ambalaj San.A.Ş., Beymaks Tekstil İthalat İhracat San. ve Tic. Ltd.Şti. and Simfleks Tekstil ve Ambalaj Sanayi ve Ticaret A.Ş. requested an expiry review investigation to be initiated. The request relates to import of “Metallized yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405, combined with metal in the form of thread, strip or powder or covered with metal” from the People’s Republic of China, South Korea, India and Chinese Taipei and classified under tariff code numbered 5605.00. The request was made on the grounds that termination of the current anti-dumping duties will cause dumping to continue and repeat the related damage. The request was supported by Katasa Tekstil San. Tic. Ltd. Şti., Ram Fil İplik ve Tekstil Ürünleri San. ve Dış Tic. Ltd. Şti., Güray Fantezi İplik San. Tic. Ltd. Şti., Canerler Tekstil Turizm Otomotiv San. Tic. Ltd. Şti., Özvaycan Tekstil Ticaret San. Ltd. Şti., Prusa Metalize İplik Tekstil San. Tic. Ltd. Şti. and Hira Mensucat Kumaş Tekstil Demir Tic. ve San. Ltd. Şti.

Accordingly, an investigation has been initiated under the Communiqué on Unfair Competition Prevention in Import numbered 2015/33 (“Communiqué”), published in Official Gazette numbered 29417 on 15 July 2015.

Parties which are sent a notification will be allowed 37 days from the date the notification was sent (including the mailing period) to respond. 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 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).

Expiry review investigation launched in relation to anti-dumping duty imposed on ropes and cables (including locked coil ropes)

Çelik Halat ve Tel Sanayi A.Ş., Has Çelik ve Halat Sanayi ve Ticaret A.Ş. and Köşkerler Çelik Halat ve Makine San. Tic. Ltd. Şti. requested an expiry review investigation to be initiated in relation to import of “ropes and cables (including locked coil ropes)” from the People’s Republic of China and Russia classified under tariff codes numbered 7312.10.81.00.00, 7312.10.83.00.00, 7312.10.85.00.00, 7312.10.89.00.00, and 7312.10.98.00.00. The request was made on the grounds that termination of the current anti-dumping duties will cause dumping to continue and repeat the related damage.

Accordingly, an investigation has been initiated under the Communiqué on Unfair Competition Prevention in Import numbered 2015/29 (“Communiqué”), published in Official Gazette numbered 29418 on 16 July 2015.

Parties which are sent a notification will be allowed 37 days from the date the notification was sent (including the mailing period) to respond. 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 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).

Anti-dumping duty imposed on cylindrical door locks (excluding electromechanicals), other door locks (excluding electromechanicals), as well as cylinders and cases for door locks

As a result of dumping investigation initiated by the Import General Directorate of the Ministry upon receiving an application by Kale Kilit ve Kalıp Sanayii A.Ş, the Import General Directorate resolved in accordance with the Communiqué on Unfair Competition Prevention in Import numbered 2015/30 (“Communiqué”) to impose definitive measures on imports from the People’s Republic of China of:

– “cylindrical door locks (excluding electromechanicals)” classified under the tariff code numbered 8301.40.11.00.00.

– “other door locks (excluding electromechanicals)” classified under the tariff code numbered 8301.40.19.00.11 and 8301.40.19.00.19.

– “only cylinder and case for door locks” classified under the tariff code numbered 8301.60.00.00.00.

An anti-dumping duty of 4 USD/KG will be applied. The measure entered into effect by being published in Official Gazette numbered 29418 on 16 July 201.

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