Dumping & Anti-Dumping Measures in Turkey

As a WTO member, Turkey can issue commercial policy defense measures such as anti-dumping measures, in order to protect the local and domestic markets and producers. The goal is to prevent a foreign actor from exporting a certain good into Turkey for a very low price (i.e. lower than the local production costs) and disrupt the local markets and production. This can be done in a variety of ways, however, the most used one is imposing additional tax duties in the form of anti-dumping measures.

Anti-dumping measures and procedures are governed by several different legislations in Turkey, namely the Law on the Prevention of Unfair Competition in Imports, the Decree on the Prevention of Unfair Competition in Imports and the Regulation on the Prevention of Unfair Competition in Imports. The legislation provides an extensive set of provisions regarding the procedures and rules for dumping measures, including the application procedures and requirements for review. Once in place, a definitive dumping measure will be enforceable for a period of five year, unless an interim review investigation is launched and the measure is revoked by the Ministry.

Expiry Review Investigation

As noted above, a definitive dumping measure will expire within five  years from the date of its enforcement or within five (5) years from the date of the most recent review. A notice of impending expiry will be published by a communiqué at the Official Legislation Journal (Gazette) within the final (last) year of such measure, and depending on the applications of the related parties (domestic producers), an expiry review will be initiated to either extend, amend or revoke such dumping measures at the end of such five (5) year period.

Although only a domestic producer can request the initiation of such expiry review, once the expiry review is initiated, the foreign exporters will be allowed participate and be a part of the investigation, to submit claims, evidences and opinions. This is a very crucial step for foreign exporters, as it is the only time when they will be able to submit their claims and objections against the relevant anti-dumping measure.

Interim Review Investigation

Whereas an interim review investigation is initiated for the review of the measure in force, at the request of the exporter, importer or domestic producer of the product concerned or ex officio, provided that at least one (1) year has elapsed since the enforcement date of the measure, or since the date of the most current review. An interim review investigation shall be initiated where the request contains sufficient evidence that the continued imposition of the measure is no longer necessary to offset dumping or that the injury would be unlikely to continue or recur if the measures were removed or amended, or that the existing measures are no longer sufficient to counteract the dumping causing the injury.

New Exporter Review Investigation

An alternative review procedure is also available for new exporters. It should be noted that this review mechanism is different than the expiry and interim review procedures. Both the expiry and interim reviews are mechanisms that, if initiated, will review the dumping measures as a whole and as applicable for the whole market, meaning the reviews will be conducted by taking into account the data received from the whole market and every company that is deemed as a relevant party to that investigation. Whereas with the new exporter review investigation, the new exporter requesting the review will be reviewed separately from the market and other exporters.