As of February 21, 2017, Turkey repealed the Regulation on Safeguarding Measures in Import of the Goods Originated in People's Republic of China ("China") (published in the Official Gazette numbered 25136 and dated June 12, 2003) ("Regulation"). The Regulation was a specific regulation on international trade involving adoption of safeguarding measures against goods originating in China (i.e. with their country of origin in China) imported into Turkey.
The Regulation provided for the principles and procedures for adoption of safeguarding measures against Chinese originating goods in cases below, with the preconditions that the country benefits required so:
- If the increases in imports of the goods originating in China or import execution conditions of such goods created a market distortion or a threat of it on the domestic producers manufacturing similar or directly competing goods;
- If a measure by China or a WTO member state executed for prevention or remedy of market distortion caused by goods originating in China created an important trade deviation or a threat of it.
The regime created by the Regulation differed from the mainstream safeguarding regime set forth by the Regulation on Safeguard Measures in Imports (published in the Official Gazette dated June 8, 2004 and numbered 25486) ("RSMI") on a number of issues. The Regulation rather focused specifically in investigation of market distortion and/or trade deviation while RSMI focuses rather on the damage. Some of the time periods concerning investigations and measures have also differed from the periods provided for under the RSMI. The Regulation also provided for consultations with Chinese authorities before the adoption of the safeguarding measure; a provision not included in the RSMI.
Subsequent to repealing of the Regulation, the Ministry of Economy's basis for investigations against China concerning safeguarding measures will be the RSMI (just like any other country). We observe this to be a proper step from the side of the Ministry of Economy in unification of practices concerning safeguarding investigations and measures as well as creating uniform legal regimes for each country.
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