Turkey: Anti-Dumping Measures To Expire Within The First Half Of 2019

Last Updated: 26 November 2018
Article by Gönenç Gürkaynak Esq, Ceren Yıldız, Sinem Uğur and Nazlı Gürün

Most Read Contributor in Turkey, December 2018

Up until the recent changes in Turkey's governmental system, the Ministry of Economy had the sole authority to initiate dumping or subsidy examinations. Along with the transition of the governmental system to an "executive presidency," the Ministry of Trade ("Ministry") has been granted this authority through the Presidential Decree on Presidential Organization No. 1, dated July 10,2018.

Although the General Directorate of Imports is now affiliated with the Ministry of Trade, these recent changes did not have any significant practical effects, as "the Board of Assessment of Unfair Competition in Imports" (stationed within the General Directorate of Imports) is still responsible for resolving matters that relate to the actions and measures to be taken with the aim of protecting a domestic industry against damages caused by dumped and/or subsidized imports in case of unfair competition.

Within the scope of this authority, the Ministry has announced, through the Communiqué on the Prevention of Unfair Competition in Imports No. 2018/26, dated August 16,2018, that several ongoing anti-dumping measures, which had been put into effect in 2014, will expire as of the first half of 2019, unless an expiry review investigation is initiated. In the event that an expiry review investigation is initiated, the Ministry will have to re-examine the current conditions and circumstances of the relevant industry and assess the level of threat caused by the importers, and subsequently decide the rates at which the anti-dumping duties will be applied, if any.

Below is a bullet-point summary of the antidumping cases and measures that will expire as of the first half of 2019:

  • Communiqué No. 2014/4, dated January 23, 2014, concerning synthetic fiber blankets (except electric blankets) and knee blankets, other blankets and knee blankets, and only rolled or cut knitted pile fabrics, originating from the People's Republic of China:

    The Ministry had announced its decision upon the completion of the expiry review investigation in relation to the current dumping measures on imports of synthetic fiber blankets (except electric blankets) and knee blankets classified under the CN code 6301.40, other blankets and knee blankets classified under the CN code 6301.90, and only rolled or cut knitted pile fabrics classified under the CN codes 6001.10.00.00.11 and 6001.92, originating from the People's Republic of China. In this respect, the Ministry had decided that imports of these products were threatening to cause injury to the domestic industry, and consequently decided to impose an antidumping duty of 4 USD/kg.
  • Communiqué No. 2014/9, dated March 27, 2014, concerning textured yams of nylon and polyamides with layers of 50 tex, originating from the People's Republic of China:

    The Ministry had announced its decision upon the completion of the expiry review investigation in relation to the current dumping measures on imports of textured yams of nylon and polyamides with layers of 50 tex classified under the CN code 5402.31, originating from the People's Republic of China. In this respect, the Ministry had decided that imports of these products were found to be threatening to cause injury to the domestic industry, and thus decided to impose an anti-dumping duty at a rate of 37.40% of the CIF cost.
  • Communiqué No. 2014/2, dated April 8, 2014, concerning yarns of synthetic and artificial discontinuous fibers (staple fiber yarn), originating from Malaysia, Egypt, Pakistan, Thailand and Vietnam:

    The Ministry had announced its decision upon the completion of the anti-dumping investigation on products classified as yams of synthetic and artificial discontinuous fibers (staple fiber yam) classified under the CN codes 55.08,55.09,55.10,55.11, except those classified under the subheadings CN Codes 5509.52, 5509.61, 5509.91 and 5510.20, originating from Malaysia, Egypt, Pakistan, Thailand and Vietnam. Accordingly, the Ministry decided to apply anti-dumping duties at a rate of 18.32% of the CIF cost for products originating from Malaysia, excluding two companies for which the Ministry decided to apply anti-dumping duties at rates of 11.26% and 17.03% of the CIF cost; at a rate of 12.18% of the CIF cost for products originating from Pakistan, excluding three companies for which the Ministry decided to apply anti-dumping measures at lower rates, varying from 6.62% to 10.02% of the CIF cost; at a rate of 20.24% of the CIF cost for products originating from Thailand, excluding two companies for which the Ministry decided to apply anti-dumping measures at rates of 7.79% and 14.02% of the CIF cost; and at a rate of 26.25% of the CIF cost for products originating from Vietnam, excluding ten companies for which the Ministry decided to apply anti-dumping measures at lower rates varying from 19.48% to 23.91% of the CIF cost. As to the imports from Egypt, the Ministry decided that there was no causal link between the dumped imports from Egypt and the injury to domestic production. Thus, the Ministry did not impose any measures regarding the imports from Egypt within the scope of this investigation.
  • Communiqué No. 2014/8, dated April 26, 2014, concerning non-refillable pocket gas lighters, products classified as "containing electrical ignition systems" and pneumatic troughs made of plastic (whether containing gas or not), originating from the People's Republic of China:

    The Ministry had announced its decision upon the completion of the expiry review investigation in relation to the current antidumping measures on imports of non-refillable pocket gas lighters classified under the CN code 9613.10.00.00.00, products classified as "containing electrical ignition systems" classified under the CN code 9613.20.00. 00.11, and pneumatic troughs made of plastic (whether containing gas or not) classified under the CN code 9613.90.00. 00.11, originating from the People's Republic of China. In this respect, the Ministry had decided that imports of these products were threatening to cause injury to the domestic industry, and thus decided to impose an anti-dumping duty of 0.05 USD/unit for each product.
  • Communiqué No. 2014/14, dated May 3, 2014, concerning laminate parquets (whether in plates or not), originating from the People's Republic of China:

    The Ministry had announced its decision upon the completion of the expiry review investigation in relation to the current antidumping measures on imports of laminate parquets (whether in plates or not) 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 the People's Republic of China. In this respect, the Ministry had decided that imports of these products were threatening to cause injury to the domestic industry and proceeded to impose an anti-dumping duty of 2.40 USD/m2, excluding five companies for which the Ministry decided to apply an anti-dumping duty of 1.60 USD/m2.

This article was first published in Legal Insights Quarterly by ELIG Gürkaynak Attorneys-at-Law in December 2018. A link to the full Legal Insight Quarterly may be found here.


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