Turkey: EC vs Turkey In Compliance With WTO Rules: Dumping Exports To The EU And Restricting Imports From The EU?


The European Commission ("Commission"), being quiet active between the last week of June and first week of July 2017, initiated trade remedy investigations (i.e. anti-dumping and expiry review) against various countries, including Turkey. In particular, the Commission launched an anti-dumping investigation concerning Turkey's exports to the EU and a trade barrier examination concerning EU imports to Turkey.

Considering importance of the issue for the companies active in the low carbon ferro-chrome and uncoated wood free paper market, as well as for the economy of Turkey and EU in general, below we provide highlights of the investigations together with the outline of main procedural steps and opportunities available for the parties in the course of the investigations.

2. Anti-Dumping Investigation Concerning Turkey's Exports to the EU

2.1 Legal framework

As emphasized in the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, the main purpose of the anti-dumping rules is to protect a Union/domestic industry against injuries caused by dumped imports of the like products. In this context, the Commission shall conduct an investigation to determine the existence, degree and effect of any alleged dumping upon a written complaint by any natural or legal person, or any association not having legal personality, acting on behalf of the Union industry.

On 23 June 2017, the Commission announced its decision to launch an anti-dumping investigation concerning the imports of "low carbon ferro-chrome" products (with the CN code 7202.49.50) originating in China, Russia and Turkey following the complaint that the concerned imports are being dumped and are causing material injury to the European Union ("EU") industry. According to the Notice of the Initiation, the complaint was lodged on 10 May 2017 by the Association of European ferro-alloy producers ("Euroalliages") on behalf of the sole EU producer of low carbon ferro-chrome in the EU, namely Elektrowerk Weisweiler GmbH ("Complainant"). The investigation will be carried out by the Commission in accordance with Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the EU ("Regulation").1 It outlines the main aspects of the EU antidumping investigation including the principles, initiation of proceeding, definition of the EU industry and like product, determination of dumping and injury, provisional and definitive measures, and undertakings.

2.2 Important deadlines

As of 23 June 2017, i.e. the date when the Notice of Initiation2 was published in the Official Journal of the EU, the clock has started ticking for both exporting producers and the Commission, which are bound by certain strict deadlines. For instance, within 15 days following the publication of the Notice of Initiation all exporting producers and associations of exporting producers in Turkey are invited to get in contact with the Commission so that they can identify themselves and request a questionnaire to be able to submit highly important and confidential data. Further, the exporting producers and, where applicable, the associations of exporting producers shall have 37 days of the date of the publication of the Notice of Initiation in order to submit their responses to the questionnaire. At the same time, the Commission shall carry out its comprehensive dumping and injury analysis and then conclude its investigation within 15 months of the date of the publication of the Notice of Initiation in the Official Journal of the EU.

2.3 Benefits of cooperation & confidentiality

Within this scope, if an interested party does not provide necessary information within the above-stated time periods, such party shall be deemed as non-cooperative. In such cases, provisional or final findings, affirmative or negative shall be made on the basis of the facts available. Accordingly, the result of the investigation may be less favorable to that party than should it had cooperated. In addition to this benefit of cooperating with the Commission, the preparation and submission of full responses in a right and duly manner will also help the exporting companies to put forward their arguments more effectively as well as assisting the Commission in ensuring a fair comparison between the export price and normal value.

Full responses to the questionnaires imply also provision of the confidential data. In this regard, the Regulation ensures protection and the non-disclosure of the confidential data submitted by the interested parties, however, with the condition that they also provide their non-confidential summaries which should be sufficiently detailed to permit a reasonable understanding of the substance of the information submitted in confidence. This guarantees both parties' fundamental right, namely right to defence.

2.4 Other procedural steps

The Commission shall, where it considers it appropriate, carry out verification visits at the premises of the interested parties, in order to examine their records and to verify information provided on dumping and injury. In the absence of a proper and timely reply, the Commission may choose not to carry out a verification visit. Therefore, a proper preparation by the exporting companies for the verification plays a critical role as only the verified data will be used in the determination of the dumping and injury margins. The methods used by the Commission in the dumping margin calculation are regulated under Article 2 of the Regulation whereas Article 3 sets forth the main principles of the injury calculations. The respective measure to be adopted following the investigation shall be applicable for a five-year period.

Finally, the Commission shall announce its findings in which it discloses its intent to recommend the imposition of a provisional or definitive duty in respect of the EU as a whole. As there will be a very short deadline for the interested parties to submit their comments on the findings, the simulations for both dumping and injury calculation by the interested parties as well as the design of the strategies from both technical and legal perspective prior to the announcement appears to be of vital importance for the future export plans of the companies.

In conclusion, it is highly advisable that the Turkish exporting producers of the product under the investigation should consider both the advantages (such as getting an individual duty rate) and disadvantages (if any) of cooperation with the Commission in the concerned anti-dumping investigation which will shape their future exportation strategies.

3. Trade Barrier Investigation Concerning EU Imports To Turkey

3.1 The legal issue

On 7 July 2017 the Commission initiated an examination procedure on obstacles to trade within the meaning of Regulation (EU) 2015/1843 applied by Turkey and consisting of measures affecting the import of uncoated wood free paper.3 The investigation was launched upon a complaint of an industry association against the import surveillance system/importing licensing requirement introduced in Turkey as of 28 September 2015 for uncoated wood free paper imported into Turkey at a customs value of USD 1200 per tonne or less. The complainant states that such a specific licensing requirement could be incompatible with the Customs Union Agreement and the WTO rules since it affects all imports from the EU. As explained by the complainant, it is impossible to obtain such license due to the specific information requirements of the licensing procedure – such information is only available for paper producers, and consequently the importers of wood free paper are (indirectly) forced to declare their customs value above USD 1200 per tonne (even where the actual import value is less), which creates additional cost/tax for the importers of the product.

3.2 Procedural aspects

Within 45 days following the date of publication of the Notice of Initiation, any interested parties may submit in writing comments/information/supporting evidence/request to be heard to the Commission in relation to specific issues raised by the complaint and primarily concerned by the outcome of the investigation.

The trade barrier examination in the EU, just as in any other jurisdiction member of the WTO, is one of the tools available for the companies/professional associations in addressing foreign government measures that may have a negative impact on their business. It may lead to a WTO dispute settlement case if the trade barrier examination/regulations fails does not lead to a satisfactory settlement with Turkey. But in general the Commission aims to reach such solution so that the companies can enjoy the beneficial results more quickly (as compared to other possible outcomes involving long and costly dispute settlement mechanisms).


Both the anti-dumping investigation in low carbon ferro-chrome market and the trade barrier examination in relation to the uncoated wood free paper market recently initiated by the European Commission against Turkey demonstrate increased importance of trade between the EU and Turkey, as well as compliance with the WTO rules. The outcome of the investigations is yet to be seen, but in any case cooperation between the parties concerned and the Commission are vital in order to reach the satisfactory solutions as soon as possible with as less negative impact as possible for both jurisdictions.


1 http://trade.ec.europa.eu/doclib/docs/2016/june/tradoc_154702.en.L176-2016.pdf

2 http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52017XC0623(01)&from=EN

3 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.C_.2017.218.01.0020.01.ENG&toc=OJ:C:2017:218:TOC

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”

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
Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:
  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.
  • Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.
    If you do not want us to provide your name and email address you may opt out by clicking here
    If you do not wish to receive any future announcements of products and services offered by Mondaq you may opt out by clicking here

    Terms & Conditions and Privacy Statement

    Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

    Use of www.mondaq.com

    You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). 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 & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


    Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd 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 or performance of information available from this server.

    The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


    Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

    • To allow you to personalize the Mondaq websites you are visiting.
    • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
    • To produce demographic feedback for our information providers who provide information free for your use.

    Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

    Information Collection and Use

    We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

    We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

    Mondaq News Alerts

    In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


    A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

    Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

    Log Files

    We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


    This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

    Surveys & Contests

    From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


    If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


    From time to time Mondaq may send you emails promoting Mondaq services including new services. You may opt out of receiving such emails by clicking below.

    *** If you do not wish to receive any future announcements of services offered by Mondaq you may opt out by clicking here .


    This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

    Correcting/Updating Personal Information

    If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

    Notification of Changes

    If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

    How to contact Mondaq

    You can contact us with comments or queries at enquiries@mondaq.com.

    If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.

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