Turkish Trade Remedies – September 2016

Orçun Çetinkaya, LL.M. - October 4, 2016

An overview of notable decrees by the Council of Ministers and communiqués by the Ministry of Economy regarding prevention of unfair competition in imports, made during September 2016. 

Interim Review Investigation Launched Into Anti-Dumping Duty Imposed on Polyester Flat Yarn Imports 

Korteks Mensucat Sanayi ve Ticaret A.Ş. requested an interim review investigation to be initiated into polyester flat yarns classified under tariff code 5402.47 and imported from the People’s Republic of China, Malaysia and India. The request was made on the grounds that the current anti-dumping duty imposed is not sufficient to eliminate the damages incurred by local producers.

Accordingly, an investigation was initiated under the Communiqué on Unfair Competition Prevention in Import numbered 2016/37 (“Communiqué”), published in Official Gazette numbered 29824 on 7 September 2016.

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) 

Dumping Investigation Launched Into Porcelain and Ceramic Tableware and Kitchenware 

Kütahya Porselen Sanayi A.Ş. and Heriş Seramik ve Turizm Sanayi A.Ş. requested a dumping investigation be initiated into “tableware and kitchenware made of porcelain and ceramic” which are imported from the People’s Republic of China and classified under tariff codes 6911.10.00.00.11, 6911.10.00.00.12, 6911.10.00.00.19, 6912.00.21.00.00, 6912.00.23.00.00, 6912.00.25.00.11, 6912.00.25.00.12, 6912.00.25.00.19 and 6912.00.29.00.00. The request was made on the grounds that the goods were dumped and importation of such goods damages domestic production.

Accordingly, an investigation was initiated under the Communiqué on Unfair Competition Prevention in Imports numbered 2016/38, published in Official Gazette number 29837 on 24 September 2016.

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).