The authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, has been given to the Ministry of Trade ("Ministry"). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette. During the first half of 2020, the Ministry has initiated and completed a number of expiry reviews, anti-dumping investigations, and anti-circumvention investigations, and extended the temporary suspension of the duties against the USA with regard to the imports of unbleached kraft papers.
Below is a bullet-point summary of the status of the trade defense cases of the first half of 2020:
- Communiqué No. 2019/33 dated January 4th, 2020 concerning imports of instantaneous gas water heaters originating from People's Republic of China:
The Ministry announced its decision upon the completion of the expiry review in relation to the current dumping measures on imports of instantaneous gas water heaters classified under the CN Code 8419.11.00.00.00 originating from People's Republic of China. Accordingly, the Ministry decided to continue to apply the anti-dumping duty at a rate of 59.65% on imports of instantaneous gas water heaters originating from People's Republic of China, with the exception of four companies for which the Ministry decided to apply anti-dumping duties at rates differentiating between 20.12% and 53.41%.
- Communiqué No. 2019/34 dated January 4th, 2020 concerning the imports of unsupported aluminum folios originating from People's Republic of China:
The Ministry announced its decision upon the completion of the expiry review in relation to the current dumping measures on imports of products classified as "rolled and unsupported aluminum leaves and strips with a maximum width of 0.2 millimeters and with no further processing" under the CN Code 7607.11 and "others" under the CN Code 7607.19 originating from People's Republic of China. Accordingly, the Ministry decided to continue to apply the anti-dumping duty at a rate of 22%.
- Communiqué No. 2019/35 dated January 7th, 2020 concerning the imports of pocket gas lighters and plastic gas canisters originating from People's Republic of China:
The Ministry announced its decision upon the completion of the expiry review in relation to the current dumping measures on imports of non-refillable pocket gas lighters classified under the CN Code 9613.10.00.00.00, imports of only refillable pocket gas lighters with plastic casing and electrical ignition system classified under the CN Code 9613.20.00.00.11, imports of refillable pocket gas lighters (with other ignition systems) classified under the CN Code 9613.20.00.00.19 and imports of plastic gas canisters (with or without gas) under the CN Code 9613.90.00.00.11 originating from People's Republic of China. Accordingly, the Ministry decided to continue to apply the anti-dumping duty of 0.05 USD per unit on imports of (i) non-refillable pocket gas lighters, (ii) only refillable pocket gas lighters with plastic casing and electrical ignition system and (iii) refillable pocket gas lighters (with other ignition systems) originating from People's Republic of China, and of 0.02 USD per unit on imports of plastic gas canisters (with or without gas) originating from People's Republic of China.
- Communiqué No. 2019/36 dated January 4th, 2020 concerning imports of laminated parquet originating from Federal Republic of Germany and People's Republic of China:
The Ministry announced its decision upon the completion of the expiry review in relation to the current dumping measures on imports of laminated parquet classified under the CN Codes 4411.13.90.00.11, 4411.14.90.00.11, 4411.92.90.00.11 and 4411.93.90.00.11 originating from Federal Republic of Germany and People's Republic of China. Accordingly, the Ministry decided to continue to apply an anti-dumping duty of (i) 1.05 USD/m2 on imports originating from Federal Republic of Germany, with the exception of five companies for which the Ministry decided to apply anti-dumping duties differentiating between 0 USD/m2 and 0.53 USD/m2, and (ii) 2.40 USD/m2 on imports originating from People's Republic of China, with the exception of five companies for which the Ministry decided to apply an anti-dumping duty of 1.60 USD/m2.
- Communiqué No. 2019/37 dated January 4th, 2020 concerning the imports of woven fabrics of synthetic filament yarn (for garments) originating from People's Republic of China, Republic of Korea, Malaysia, Kingdom of Thailand and Chinese Taipei:
The Ministry initiated an expiry review in relation to the current dumping measures on imports of woven fabrics of synthetic filament yarn (for garments) under the CN Code 5407 originating from People's Republic of China, Republic of Korea, Malaysia, Kingdom of Thailand and Chinese Taipei. The current dumping measures vary between (i) 2.33% and 21.13% for products with a weight of 110g/m2 and less, and (ii) 7.76% and 70.44% for products with a weight of more than 110g/m2.
- Communiqué No. 2019/38 dated January 4th, 2020 concerning the imports of woven fabrics of synthetic filament yarn (for garments) originating from Malaysia:
Currently, anti-dumping duties are imposed to the imports of woven fabrics of synthetic filament yarn (for garments) under the CN Code 54.07 originating from Malaysia as per the Communiqué No. 2013/10. The duties imposed are (i) 4.78% for products with a weight of 110g/m2 and less, and (ii) 15.93% for products with a weight of more than 110g/m2, with the exception of one company for which the Ministry decided to apply an anti-dumping duty of (i) 2.33% for products with a weight of 110g/m2 and less, and (ii) 7.76% for products with a weight of more than 110g/m2. With the Communiqué No. 2019/38 dated January 4th, 2020, the Ministry initiated an anti-circumvention investigation regarding the imports of woven fabrics of synthetic filament yarn (for garments) originating from Malaysia.
- Communiqué No. 2020/2 dated March 20th, 2020 concerning the imports of products classified as "other hoeing machines" originating from People's Republic of China:
Currently, anti-dumping duties are imposed on the imports of products classified as "other hoeing machines" under the CN Code 8432.29.90.00.19 originating from People's Republic of China as per the Communiqué No. 2015/6 varying between 49.49% and 92.25%. With the Communiqué No. 2020/2 dated March 20th, 2020, the Ministry initiated an expiry review regarding the imports of products classified as "other hoeing machines" originating from People's Republic of China.
- Communiqué No. 2020/3 dated March 26th, 2020 concerning the imports of knives and cutting blades only in food disposals, mixers and vegetable press under the CN Code 8509.40 originating from People's Republic of China:
The Ministry initiated an expiry review in relation to the current dumping measures on imports of "knives and cutting blades only in food disposals, mixers and vegetable press under the CN Code 8509.40" under the CN Code 8208.30.00.00.00 originating from People's Republic of China.
- Communiqué No. 2020/4 dated March 20th, 2020 concerning the imports of yarns out of synthetic and artificial discontinuous fiber (staple fiber yarn) originating from the Kingdom of Cambodia:
Currently, anti-dumping duties are imposed on the imports of products classified as "yarns out of synthetic and artificial discontinuous fiber (staple fiber yarn)" under the CN Codes 55.08, 55.09, 55.10, 55.11 (excluding the CN Codes 5509.52, 5509.61, 5509.91 and 5510.20) originating from the People's Republic of China, Indonesia, India, Malaysia, Pakistan, Kingdom of Thailand and Vietnam as per the Communiqués No. 2015/8 and 2014/2. The expiry review initiated by the Ministry is still ongoing. After the completion of anti-circumvention investigations, the Ministry decided to include the Chinese Taipei and Bangladesh (see Communiqués No. 2016/22 and 2018/38 respectively). With the Communiqué No. 2020/4 dated March 20th, 2020, the Ministry initiated an anti-circumvention investigation regarding the imports of "yarns out of synthetic and artificial discontinuous fiber (staple fiber yarn)" originating from the Kingdom of Cambodia.
- Communiqué No. 2020/5 dated March 6th, 2020 concerning the imports of unbleached kraft papers originating from the United States of America:
Currently, anti-dumping duties are imposed on the imports of unbleached kraft papers classified under the CN Codes 4804.11.11.10.00, 4804.11.15.10.00, 4804.11.90.10.11 and 4804.11.90.10.12 originating from the United States of America as per the Communiqué No. 2015/28 and the Communiqué No. 2017/1. With the Communiqué No. 2019/19 dated June 7th, 2019, the Ministry had announced its decision regarding the temporary suspension of the definitive anti-dumping measures imposed on the imports of unbleached kraft papers originating from the United States of America for a period of nine (9) months. With the Communiqué No. 2020/5 dated March 6th, 2020, the Ministry announced its decision regarding the extension of the temporary suspension of the definitive anti-dumping measures imposed on the imports of unbleached kraft papers originating from the United States of America for a period of one (1) year as of March 7, 2020.
- Communiqué No. 2020/6 dated April 8th, 2020 concerning the imports of coagula artificial leathers originating from People's Republic of China:
Currently, anti-dumping duties at 1.9 USD per kg are imposed on the imports of "coagula artificial leathers" classified under the CN Codes 5603.14 and 8208.30.00.00.00 originating from People's Republic of China. The duties were initially imposed by the Communiqué No. 2009/12 and extended for five more years with the Communiqué No. 2015/9 in 2015 after an expiry review. With the Communiqué No. 2020/6 dated April 8th, 2020, the Ministry again initiated an expiry review in relation to the current dumping measures.
- Communiqué No. 2020/7 dated April 14th, 2020 concerning the imports of cereal spoon formula originating from Republic of Croatia:
With the Communiqué No. 2020/7 dated April 14th, 2020, the Ministry initiated an anti-dumping investigation regarding the imports of "baby food with cereals" classified under the CN Code 1901.10.00.19.00 originating from Republic of Croatia.
- Communiqué No. 2020/8 dated May 22nd, 2020 concerning imports of laminated parquet originating from Federal Republic of Germany and People's Republic of China:
The Ministry announced its decision upon the completion of the expiry review in relation to current dumping measures on imports of yarns out of synthetic and artificial discontinuous fiber (staple fiber yarn) classified under the CN Codes 55.08, 55.09 (except 5509.52, 5509.61 and 5509.91), 55.10 (except 5510.20) and 55.11 originating from People's Republic of China, Republic of Indonesia, Malaysia, Islamic Republic of Pakistan, Kingdom of Thailand and Socialist Republic of Vietnam. Accordingly, the Ministry decided to continue to apply an anti-dumping duty of (i) 0.80 USD/kg on imports originating from China, with the exception of one company for which the Ministry decided to apply anti-dumping duty of 0.49 USD/kg; (ii) 0.39 USD/kg on imports originating from India, with the exception of one company for which the Ministry decided to apply anti-dumping duty of 0.29 USD/kg; (iii) 0.40 USD/kg on imports originating from Indonesia, with the exception of twelve companies for which the Ministry decided to apply anti-dumping duties differentiating between 0.23 USD/kg and 0.25 USD/kg; (iv) at a rate of 18.32% on imports originating from Malaysia, with the exception of two companies for which the Ministry decided to apply anti-dumping duties at rates differentiating between 11.26% and 17.03%; (v) at a rate of 12.18% on imports originating from Pakistan, with the exception of three companies for which the Ministry decided to apply anti-dumping duties at rates differentiating between 6.62% and 10.02%; (vi) at a rate of 20.24% on imports originating from Thailand, with the exception of two companies for which the Ministry decided to apply anti-dumping duties at rates differentiating between 7.79% and 14.02%; and (vi) at a rate of 26.25% on imports originating from Vietnam, with the exception of ten companies for which the Ministry decided to apply anti-dumping duties at rates differentiating between 19.48% and 23.91%.
- Communiqué No. 2020/9 dated May 22nd, 2020 concerning imports of synthetic or artificial discontinuous fiber (staple fiber yarn) originating from the Republic of Indonesia:
The Ministry announced its decision upon the completion of the anti-dumping investigation regarding the imports of synthetic or artificial discontinuous fiber (staple fiber yarn) classified under the CN Codes 55.08, 55.09 (except 5509.52, 5509.61 and 5509.91), 55.10 (except 5510.20) and 55.11 from two companies located in the Republic of Indonesia. Accordingly, the Ministry decided to apply anti-dumping duties to one company at a rate of 3.62% and the other at a rate of 5.03%.
This article was first published in Legal Insights Quarterly by ELIG Gürkaynak Attorneys-at-Law in June 2020. A link to the full Legal Insight Quarterly may be found here
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