On December 21, 2016, the Ministry of Economy
("Ministry"), by way of publishing the Communiqué
on the Prevention of Unfair Competition in Imports (No. 2016/51)
("Communiqué") in the Official Gazette, has
announced that it has initiated an investigation into imports of
milled, non-rolled flat steel (thick
plaque) from the People's Republic of China
As per Article 3 of the Communiqué, the investigation
covers the period from July 1, 2015, to June 30, 2016.
- Alleged Dumping
Article 6 of the Communiqué stated that, as a result of
the comparison between the normal price and unit export price to
Turkey, the dumping margin of the thick plaque originating from
China was found to be above the ratio for negligible volumes, as
stated in Article 28 of the Regulation on the Prevention of Unfair
Competition in Imports ("Regulation"), which is akin to
and closely modeled after Article 5.8 of the Anti-Dumping Agreement
of the World Trade Organization.
- Alleged Damage and Causality
Following the assessment made by the Ministry, it was determined
Thick plaque imports from China had increased considerably both
during the investigation period as well as in the preceding
Imports from China had not undercut domestic production prices,
Domestic production volume, domestic sales, domestic revenues,
as well as sales profits from domestic sales and total profit rates
had all decreased during the investigation period.
The Ministry, in light of the foregoing findings, concluded that
China's alleged dumping with regard to thick plaque imports to
Turkey was threatening Turkey's domestic production.
- Questionnaire and Information Submissions
As per Article 10 of the Communiqué, the Ministry will
notify all related local importers and foreign exporters and
manufacturers regarding the investigation, providing them with a
non-confidential summary of the investigation and a copy of the
questionnaire for importers or exporters/manufacturers.
Importers and exporters/manufacturers who have not been notified
by the Ministry or who have not been able to obtain the
notification for certain reasons, can find a copy of the
questionnaire on the Ministry's website.
All submissions to the Ministry should be made in Turkish, as
stated in Article 10. This rule holds particular importance for
foreign exporters and manufacturers, since information or documents
which are not provided in Turkish will not be taken into account by
the Ministry during the investigation.
Importers and exporters/manufacturers that are notified of the
investigation have to submit their responses to the questionnaire
within thirty seven days (including the mailing period) starting
from the date the notification was sent.
For importers and foreign exporters/manufacturers who have not
been officially notified by the Ministry, this period of thirty
seven days starts following the publication date of the
Communiqué (i.e., December 21, 2016).
The Ministry also notes in Article 12 of the Communiqué
that non-cooperation (i.e., failing to submit the answers in due
time and required format, or refusing to give access to the
relevant information and documents, or hindering the investigation,
or providing false or misleading information) will result in the
Ministry's decision to finalize the investigation by taking
into consideration only the current information at hand (as per
Article 26 of the Regulation). The relevant parties are reminded
that non-cooperation or partial cooperation may lead to less
favorable outcomes for the concerned parties.
 Registered under
7126.96.36.199.11, 7188.8.131.52.19, 7184.108.40.206.11,
7220.127.116.11.19, 718.104.22.168.11, 722.214.171.124.19,
7126.96.36.199.11, 7188.8.131.52.12, 7184.108.40.206.11,
7220.127.116.11.12, 7211.13.00.11.00, 7211.13.00.19.00,
7211.14.00.21.12, 7211.14.00.29.11, 7211.14.00.29.12,
7225.40.40.00.00, 7225.99.00.00.10, 7225.99.00.00.90 CN Codes.
These CN Codes are provided under the Communiqué for
informative purposes and are not binding for the
This article was first published in Legal Insights
Quarterly by ELIG, Attorneys-at-Law in March 2017. A link to the
full Legal Insight Quarterly may be found
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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