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Editorial

Quarterly Update on Trade Defense Cases in Turkey, June 2018

October 2018 - EU & Competition. Legal Developments by ELIG, Attorneys-at-Law .

More articles by this firm.

In Turkey, the authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, is given to the Ministry of Economy ("Ministry"). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.

During the second quarter of 2018, the Ministry has initiated a number of anti-dumping and anti-circumvention investigations and announced its decisions upon concluding several of the ongoing investigations.

Below is a bullet-point summary of the status of the trade defense cases initiated, concluded or amended during the 2nd quarter of 2018:

-          CommuniquĂ© No. 2018/16 dated May 4th, 2018 concerning the imports of granite originating from Socialist Republic of Vietnam:

The Ministry announced its decision upon the completion of the new exporter review investigation in relation to the current dumping measures on imports of granite classified under the CN Codes 6802.23 and 6802.93 originating from Socialist Republic of Vietnam. Accordingly, the Ministry decided not to apply anti-dumping duties on imports of granite under the CN codes 6802.23 and 6802.93 of the new exporter company originating from Socialist Republic of Vietnam, along with two other companies.

-          CommuniquĂ© No. 2018/18 dated May 22nd, 2018 concerning the imports of plywood originating from People's Republic of China:

The Ministry announced its decision upon the completion of the expiry review in relation to the current dumping measures on imports of plywood, classified under the CN codes 4412.10, 4412.31, 4412.33, 4412.34 and 4412.39 originating from People's Republic of China. Accordingly, the Ministry decided to apply an anti-dumping duty of 140 USD/m3 on imports of plywood classified under the CN codes 4412.10, 4412.31, 4412.33, 4412.34 and 4412.39 originating from People's Republic of China.

-          CommuniquĂ© No. 2018/21 dated May 22nd, 2018 concerning the imports of products classified as "others" under CN Code 3903.19.00.00.00 originating from Islamic Republic of Iran:

The Ministry initiated an anti-dumping investigation against imports of products classified as"others" under the CN code 3903.19.00.00.00 originating from Islamic Republic of Iran upon the complaint of the local producer Aschem Petrokimya Sanayi A.ƞ.

-          CommuniquĂ© No. 2018/19 dated May 24th, 2018 concerning the imports of granite originating from People's Republic of China:

The Ministry announced its decision upon the completion of the expiry review in relation to the current dumping measures on imports of granite, classified under the CN codes 6802.23 and 6802.93 originating from People's Republic of China. Accordingly, the Ministry decided to continue to apply the anti-dumping duty of 174 USD/Ton on imports of plywood classified under the CN codes 6802.23 and 6802.93 originating from People's Republic of China.

-          CommuniquĂ© No. 2018/20 dated May 24th, 2018 concerning the imports of polyester synthetic discontinuous fibers (polyester fiber) originating from People's Republic of China:

The Ministry initiated an expiry review in relation to the current dumping measures on imports of polyester synthetic discontinuous fibers (polyester fiber) classified under the CN Code 5503.20.00.00.00 originating from People's Republic of China.

-          CommuniquĂ© No. 2018/22 dated June 19th, 2018 concerning the imports of igniters (only to be used as ignition systems of gas furnaces and ovens) originating from People's Republic of China:

The Ministry announced its decision upon the completion of the anti-dumping investigation on igniters (only to be used as ignition systems of gas furnaces and ovens), classified under the CN code 9613.80.00.00.11 originating from People's Republic of China. Accordingly, the Ministry decided to apply an anti-dumping duty at a rate of 24.55% on all imports of igniters (only to be used as ignition systems of gas furnaces and ovens), classified under the CN code 9613.80.00.00.11 originating from People's Republic of China.

-          CommuniquĂ© No. 2018/23 dated June 21st, 2018 concerning the imports of partially drawn polyester yarn:

Currently, anti-dumping duties are imposed to the imports of polyester textured yarns classified under the CN Code 5402.33 originating from People's Republic of China, Malaysia, Republic of Indonesia, Chinese Taipei, Thailand and Socialist Republic of Vietnam as per the Communiqué No. 2017/5. With the Communiqué No. 2018/23 dated June 21st, 2018, the Ministry announced its decision upon the completion of the anti-circumvention investigation regarding the imports of partially drawn polyester yarn classified under the CN Code 5402.46 due to its impairing effect on the anti-dumping duties imposed on the imports of polyester textured yarns. Accordingly, the Ministry decided to apply an anti-dumping duty at a rate of 8% on imports of partially drawn polyester yarn originating from India, Chinese Taipei, Thailand, Socialist Republic of Vietnam, Republic of Indonesia and Malaysia, excluding two companies from India, one company from Thailand and four companies from Republic of Indonesia, for which the Ministry decided to apply anti-dumping duties at lower rates differentiating from %2.45 to 7.12%.

-          CommuniquĂ© No. 2018/24 dated June 19th, 2018 concerning the imports of lead pencils and crayons, originating from People's Republic of China and Thailand:

Currently, anti-dumping duties are imposed to the imports of lead pencils and crayons classified under the CN Code 9609.10 originating from People's Republic of China as per the Communiqué No. 2003/1. As per the Communiqué No. 2007/5, the Ministry decided to include Thailand within the scope of the measures. With the Communiqué No. 2018/24 dated June 19th, 2018, the Ministry initiated an anti-circumvention investigation regarding the imports of lead pencils and crayons originating from Egypt.

-          CommuniquĂ© No. 2018/25 dated June 19th, 2018 concerning the imports of granite originating from Islamic Republic of Iran:

Currently, anti-dumping duties are imposed to the imports of granite classified under the CN Codes 6802.23 and 6802.93 originating from People's Republic of China as per the Communiqué No. 2012/14. As indicated above, the Ministry decided to continue to apply the anti-dumping duty of 174 USD/Ton on imports of plywood classified under the CN codes 6802.23 and 6802.93 originating from People's Republic of China after the completion of the expiry review. As per the Communiqué No. 2016/4, the Ministry decided to include Socialist Republic of Vietnam (excluding two companies) within the scope of the measures after the completion of an anti-circumvention investigation. With the Communiqué No. 2018/25 dated June 19th, 2018, the Ministry initiated another anti-circumvention investigation regarding the imports of granite originating from Islamic Republic of Iran.

Authors: Gönenç GĂŒrkaynak, Esq., Ceren Yıldız, Sinem Uğur and Nazli GĂŒrĂŒn of ELIG GĂŒrkaynak Attorneys-at-Law

(First published by Mondaq on July 16, 2018)