Turkey: Turkish Trade Remedies – December 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 December 2016.

Interim Review Investigation Launched Into Anti-Dumping Duty Imposed on Hot and Flat-Rolled Steel Products (thick sheet) Imports

Ereğli Demir ve Çelik Fabrikaları T.A.Ş. requested a dumping investigation be initiated into "Hot rolled non-rolled flat steel (thick sheet)", imported from People's Republic of China, classified under tariff code number:

  • 51.20.10.11
  • 51.20.10.19
  • 51.20.30.11
  • 51.20.30.19
  • 51.20.90.11
  • 51.20.90.19
  • 90.80.10.11
  • 90.80.10.12
  • 90.80.20.11
  • 90.80.20.12
  • 13.00.11.00
  • 13.00.19.00
  • 14.00.21.12
  • 14.00.29.11
  • 14.00.29.12
  • 40.40.00.00
  • 99.00.00.10
  • 99.00.00.90

Accordingly, an investigation has been initiated by the Communiqué on Unfair Competition Prevention in Imports numbered 2016/51, published in Official Gazette number 29925 on 21 December 2016 ("Communiqué").

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.

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

Anti-Dumping Duty Will Continue For Imports Hinges, Fixed hangers, Hat hangers, Bends and Similar Articles for Furnishings

The Import General Directorate of the Ministry initiated an expiry revision investigation upon receiving an application from Samet Kalıp ve Madeni Eşya Sanayi ve Ticaret A.Ş.. The Import General Directorate decided to continue existing definitive measures, without making any amendments.

Existing definitive measures apply to hinges (except for those used in civil aircraft), fixed hangers, hat hangers, bends and similar articles, Others, for furnishings (except for those used in civil aircraft and seat shock absorbers) imported from the People's Republic of China, classified under tariff codes:

  • 10.00.00.11
  • 10.00.00.19
  • 50.00.00.00
  • 42.00.00.00

The measure entered into effect by being published in Official Gazette number 29925 on 21 January 2016.

The anti-dumping duty will therefore continue as follows:

Tariff Code Item Description Country of Origin Anti-Dumping Duty (USD/KG)
8302.10.00.00.11 Hinges (except for those used in civil aircraft) People's Republic of China $1.64
8302.10.00.00.19
8302.50.00.00.00 Fixed hangers, hat hangers, bends and similar articles
8302.42.00.00.00 Others, for furnishings (except for those used in civil aircraft and seat shock absorbers) People's Republic of China $0.75

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

Procedures and Principles Introduced for Surveillance Applications Regarding Light Curtains and Height Photocell

The Communiqué on Surveillance Application in Imports number 2016/03 ("Communiqué") determines procedures and principles for surveillance applications launched into light curtains or height photocell which are worth less than certain Unit Customs Values.

The Communiqué was published in Official Gazette number 29920 on 16 December 2016, and will enter into effect on 16 November 2016.

Tariff Code Item Description Anti-Dumping Duty (USD/KG)
8431.31.00.00.00 Lifts, skip lifts or escalators (1 meter or longer light curtain or height photocell) $50
Lifts, skip lifts or escalators (Only elevator guide rails) $4
Lifts, skip lifts or escalators (except 1 meter or longer light curtain or height photocell and elevator guide rails) $4

Qualifying goods can only be imported with a surveillance document issued by the Ministry of Economy ("Ministry"). To obtain the surveillance document, forms attached to the Communiqué must be completed and sent to the Ministry with the following documents:

  • Signatory circular.
  • Power of attorney, if the declarer and importer are different.
  • Proforma invoice or commercial invoice.

Surveillance documents are valid for six months and cannot be transferred. Surveillance documents must be returned to the Ministry within ten business days after expiry.

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

Surveillance Application Scheme Introduced for Ammonium Chloride

The Communiqué on Surveillance Application in Imports number 2016/06 ("Communiqué") determines procedures and principles related to surveillance applications launched into Ammonium Chloride (Nişadır) with Tariff code 2827.10.00.00.00 which are worth less than $0.35 USD/KG Unit Customs Value.

The Communiqué was published in Official Gazette number 29920 on 16 December 2016 and will enter into effect on the 30th day after publication.

Qualifying goods can only be imported with a surveillance document issued by the Ministry of Economy ("Ministry"). To obtain the surveillance document, forms attached to the Communiqué must be completed and sent to the Ministry with the following documents:

  • Signatory circular.
  • Power of attorney, if the declarer and importer are different.
  • Proforma invoice or commercial invoice.

Surveillance documents are valid for six months and cannot be transferred. Surveillance documents must be returned to the Ministry within ten business days after expiry.

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

Anti-Dumping Duty Will Continue For Imports of Certain Items

The Import General Directorate of Ministry initiated an expiry revision investigation, upon receiving an application by Makine Takım Endüstrisi A.Ş.. The Import General Directorate decided to continue existing definitive measures.

Existing definitive measures apply to following items imported from the People's Republic of China, classified under tariff codes:

  • 8207.50.60.00.00
  • 8207.70.31.00.19

The measure entered into effect by being published in Official Gazette number 29911 on 7 December 2016.

The anti-dumping duty will therefore continue as follows:

Tariff Code Country of Origin Anti-Dumping Duty
(USD/KG)
8207.50.60.00.00 People's Republic of China $6
8207.70.31.00.19 People's Republic of China $10

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

Tariff Quotas Application and Distribution Procedures for Importing Certain Agricultural Products from Moldova

A tariff quota has been imposed on certain agricultural products from 17 October 2016 by Council of Ministers' Decree number 2016/9379.

The Communiqué on Tariff Quotas in Imports of Agricultural Products ("Communiqué") determines procedures and principals for applying, using and distributing tariff quotas related to certain agricultural products. The Communiqué was published in Official Gazette number 29911 on 7 December 2016, entering into effect on the same date.

Tariff quotas will apply to entities using the following goods during production of end products.

Tariff Code Tariff Quota Amount (Tones) Tariff Quota Period
02.03 500 01/01-31.12
04.03 100 01/01-31.12
04.05 500 01/01-31/12
04.06 300 01/01-31/05
04.07 10,000 01/01-31/12
0802.31 20 01/01-31/12
08.02.32 20 01/01-31/12
0802.90.85 20 01/01-31/12
0809.40 10 01/01-31/12
0 813.20 10 01/01-31/12
10.03 10,000 01/01-31/05
1005.90 8,000 01/01-31/05
12.01 100 01/01-31/12
1205.10 2,000 01/01-31/12
12.06 5,000 01/01-31/05

Entities must submit an Import License Application Form and Activity Form to the Ministry of Economy during January, with the following documents:

  • Signatory circular.
  • Trade registry gazette.
  • Capacity report.

Import licenses will be valid for set periods and cannot be extended. Import must be directly made by the import license's beneficiary. Licenses cannot be transferred, amended, or revised.

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

Tariff Quota and Customs Duty Exemption Introduced for Import of Certain Industrial Products

A tariff quota and customs duty exemption has been determined for import of certain industrial products by Council of Ministers' Decree number 2016/9513, dated 7 November 2016, entering into effect on 1 January 2017. The exemption applies only to imports which fall within the quota system.

Accordingly, the Tariff Code and related quotas are as follows:

Tariff Code Tariff Quota Amount (Tones) Customs Duty
2811.19.80.90.19 2,000 0%
2915.21 70,000 0%
2916.12.00.00.13 65,000 0%
2915.32 85,000 0%
2926.10 50,000 0%
3806.10 40,000 0%
3815.90.90 450 0%
3903.30 4,000 0%
3905.30.00 4,000 0%
8414.30.81.90.00 450,000 (pieces) 0%
8529.90.92.00.00 or 9405.40.39.00.00 40,000,000 (pieces) 0%

The Ministry of Economy will determine the procedures and principles for applying the quotas, as well as distribution, management and implementation of tariff quotas.

Please see this link for the full text of the relevant Decree and aforementioned industrial products list (only available in Turkish).

Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.

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.

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