Turkey: Anti-Dumping Practices In Turkey

Last Updated: 11 September 2007
Article by Arif Esin

Turkey pursued import substitution policy within the context of industrialisation strategy until 1980’s. During this period, domestic industries were protected from foreign competition by means of high tariffs and restrictions on imports. Starting from 1984, import substitution policy was replaced by a liberal import policy and domestic markets were opened to foreign competition by gradual reduction of customs duties and abolition of restrictions.

Following the adoption of the import liberalisation policies after 1980, the need to protect the domestic industries from unfair trade practices occurred. Consequently, Turkey enacted her first anti-dumping code in 1989, namely, the Legislation on Prevention of Unfair Competition in Importation, comprising of the Law No: 3577 which is amended by the Law No:4412, the Ministerial Decree No: 99/13482 and the Regulation, which covers the provisions on the protection from dumped imports. It has been formulated in accordance with the provisions of Tokyo Round Anti-Dumping Code of GATT which has regulated the technical and official procedures.

Accordingly, Turkey signed the Final Act of the Uruguay Round and the Marrakesh Agreement Establishing the World Trade Organisation. The mentioned Agreement has been ratified by the Grand National Assembly with the Law dated 26/1/1995 and numbered 4067. In that respect, the WTO Anti-Dumping (A-D) Agreement has the force of law in Turkey by virtue of the Turkish Constitution and Turkey adheres to the provisions of this Agreement.

To this end, WTO Anti-Dumping Agreement is the main reference for the Turkish anti-dumping authority. In practice, the said Agreement is fully observed by Turkey. Moreover, in cases of conflict the Agreement has precedence over the domestic legislation.

In Turkish anti-dumping system there are two separate bodies, which are the "Board of Evaluation of Unfair Competition in Importation" (the Board) and the "Department of Dumping and Subsidy Investigation" (the Department).

The Board is an independent body consisting of 8 members, representing 7 different public institutions and non-profit organisations. The Board is empowered to take decisions for the initiation of an investigation, acceptance of undertakings, termination of an investigation or imposition of anti-dumping duties.

The Department is subordinated to the Prime Ministry Undersecretariat for Foreign Trade, Directorate General for Imports. The Department is entitled to make preliminary examination upon complaint, to present proposals to the Board on whether to initiate an investigation or to take measures and to carry out such investigations.

Turkey has initiated 184 anti-dumping investigations and 111 anti-dumping duties have been put into force, as of 18 May 2005. At the moment, 66 anti-dumping duties are in force.

Investigation Procedures Application

In order to apply for a dumping investigation, the party alleging to have been injured by the dumped imports must fill out the questionnaire annexed to the Regulation. In cases where the application is found to be properly documented so as to include the evidence of dumping, injury and a causal link between the allegedly dumped imports and injury, the authority examines that application. In such a case, the government of the exporting country concerned is notified before proceeding to initiate an investigation.

Preliminary Analysis

A complaint has to be made by or on behalf of the domestic industry whose production represents at least 25% of the total production of the like product in Turkey and more than 50% of the production realised by those producers that either support or oppose to the complaint.

In the course of the preliminary analysis, it should be determined that the application contains sufficient evidence regarding the existence of dumped imports, injury caused by dumped imports and the causal link between them.

Initiation of Investigation

Following the completion of the preliminary analysis in 45 days maximum, the case is brought before the Board for the decision whether to initiate an investigation or not.

If the Board decides to initiate an investigation, a communiqué is published in the Official Gazette and the representative of the exporting country subject to investigation and other known interested parties are notified.

A non-confidential copy of the complaint and questionnaires are sent to known exporters, importers and producers. Questionnaires are to be responded within 30 days following the receipt of the questionnaires in 7 days.

Duration of an Investigation

An investigation shall normally be concluded within one year, but this period can be extended up to eighteen months in special circumstances.

Dumping Margin

During the course of the investigation, export price, actual or payable, and normal value are determined by using the methods described in the domestic regulation and the A-D Agreement.

The normal value is determined as the price actually paid or payable in the domestic market of the country of origin, or, in special circumstances, the comparable export price of the country subject to investigation to a third country, or the constructed value established by adding an appropriate profit margin to the cost of production of the product in the country of origin.

The third step is the calculation of the dumping margin by comparing the export price and normal value at the same level of trade. In case where levels of trade differ, they are to be brought to the same level.

Injury Determination

The term injury covers three modalities, which are material injury, threat of material injury and material retardation of the establishment of a domestic industry.

For determination of injury, the factors evidencing injury on the domestic industry, such as the volume, market share and price trend of dumped imports and other factors are evaluated by the authority. Besides, the consequences of these factors on the domestic industry, especially on the figures for employment, production, capacity, capacity utilisation ratio, sales prices, profitability etc., are assessed.

On-the-spot Investigation

In order to verify the information provided or to obtain further details, on-the-spot investigations can be carried out at the premises of the producer(s)/exporter(s) in the exporting country and domestic producer(s).

In cases in which any interested party refuses access to, or otherwise does not provide necessary information within a reasonable period or significantly impedes the investigation, preliminary and final determinations, affirmative or negative, may be made on the basis of the facts available.


Before a final determination regarding an anti-dumping investigation is made, the essential facts under consideration (final disclosure) which establish a basis for the decision whether to apply definitive measures, are disclosed to the interested parties.

Following this disclosure, or at any stage of the investigation, interested parties, individually or collectively, may be given the opportunity to present their views or oppositions about the procedure of the investigation upon request by the Undersecretariat for Foreign Trade Directorate General for Imports or any other interested party.

Provisional Measure

Provisional measures may be applied after the first 60 days of the investigation only if a preliminary affirmative determination has been made of dumping and consequent injury to a domestic industry; and if such measures are necessary to prevent the injury being caused during the investigation. Interested parties are informed of the decision of a provisional measure via a communiqué published in the Official Gazette.

The duration of provisional measures is 4 months, but this period may be extended up to 6 months upon request by exporters representing a significant percentage of the trade involved. Moreover, when the authorities decide that a duty lower than the dumping margin would be sufficient to remove injury, then these periods may be 6 and 9 months, respectively.

Price Undertaking

The exporters, or the authority, during the course of the investigation can offer price undertakings. If such undertakings are accepted, the investigation may be suspended or terminated without measure.

Definitive Measure

The amount of anti-dumping duty to be imposed can be the full dumping margin or less. If a duty less than the dumping margin is adequate to remove the injury on the domestic industry, such lesser amount can be imposed. Turkey systematically applies this lesser duty rule since 1989.

A definitive anti-dumping duty, which is assessed on a prospective basis in Turkish practice, may remain in force as long as and to the extent necessary to counteract dumping which is causing injury. However, pursuant to the provisions of the A-D Agreement, any definitive anti-dumping duty shall be terminated not later than 5 years from its imposition date, or from the date of the most recent review covering both dumping and injury unless the authorities, in a review initiated before the expiry date on their own initiative or upon request by the domestic industry, determine that the expiry of the duty would be likely to lead to continuation or recurrence of dumping and injury.

Review of the Anti-Dumping Duties

Definitive duties may be reviewed upon written application by any interested party, which submits positive information substantiating the need for a review, provided that at least one year has elapsed from the date of imposition of the definitive duty.

As a result of a review investigation carried out, the definitive duty in force may either be revoked or remain at the same amount or be increased or decreased.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions