ARTICLE
15 January 2020

Quarterly Update On Trade Defense Cases In Turkey – 2019 – 4th Quarter

EG
ELIG Gürkaynak Attorneys-at-Law
Contributor
ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The firm was founded in 2005. ELIG Gürkaynak is committed to providing its clients with high-quality legal services. We combine a solid knowledge of Turkish law with a business-minded approach to develop legal solutions that meet the ever-changing needs of our clients in their international and domestic operations. Our legal team consists of 90 lawyers. We take pride in being able to assist our clients in all fields of law. Our areas of expertise particularly include competition law, corporate law, M&A, contracts law, white collar irregularities and compliance, data protection and cybersecurity law, litigation and dispute resolution, Internet law, technology, media and telecommunications law, intellectual property law, administrative law, real estate law, anti-dumping law, pharma and healthcare regulatory, employment law, and banking and finance law.
The authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, has been given from the Ministry of Economy to the Ministry of Trade ("Ministry").
Turkey International Law
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The authority to initiate dumping or subsidy examinations, upon complaint or, where necessary, ex officio, has been given from the Ministry of Economy to the Ministry of Trade ("Ministry"). Within the scope of this authority, the Ministry announces its decisions with the communiqués published on the Official Gazette.

During the last quarter of 2019, the Ministry has initiated a number of anti-circumvention and expiry review investigations.

Below is a bullet-point summary of the status of the trade defense cases initiated, concluded or amended during the last quarter of 2019:

  • Communiqué No. 2019/28 dated October 24th, 2019 concerning imports of glass fiber reinforcement articles originating from Kingdom of Thailand:
  • Currently, anti-dumping duties are imposed on the imports of glass fiber reinforcement articles (except molds and cases of pipe and tube insulation; and glass fiber shaped as perforated discs used in grinding and cutting of discs) classified under the CN Codes 7019.11, 7019.12, 7019.19, 7019.31, 7019.90.00.10.00 and 7019.90.00.30.00 originating from People's Republic of China as per the Communiqué No. 2016/48.  With the Communiqué No. 2019/28 dated October 24th, 2019, the Ministry initiated an anti-circumvention investigation regarding the imports of glass fiber reinforcement articles originating from Kingdom of Thailand.
  • Communiqué No. 2019/29 dated October 24th, 2019 concerning imports of certain products originating from the Republic of Korea and Republic of North Macedonia:
  • Currently, anti-dumping duties are imposed on the imports of products classified as "hinges (except those used in civil aircrafts; and in means of transport, classified under the CN Code 8302.10.00.00.12)" under the CN Code 8302.10, "fixed hangers, hat-pegs, brackets and similar fixtures" under the CN Code 8302.50.00.00.00 and "others,  for furniture (except those used in civil aircrafts and seat shock absorbers)" under the CN Code 8302.42.00.00.00 originating from People's Republic of China as per the Communiqué No. 2004/3. After the completion of several investigations, the Ministry decided to include (i) Malaysia, Indonesia and Taiwan (see Communiqué No. 2008/29), (ii) Spain, Italy, Greece and Thailand (see Communiqué No. 2017/21) and (i) India (see Communiqué No. 2019/16) within the scope of the measures. With the Communiqué No. 2019/29 dated October 24th, 2019, the Ministry initiated an anti-circumvention investigation regarding imports of the foregoing products originating from Republic of Korea and Republic of North Macedonia.
  • Communiqué No. 2019/30 dated November 8th, 2019 concerning imports of strips manufactured from polyethylene and polypropylene or woven fabrics thereof (only woven tarpaulin) originating from the People's Republic of China and Socialist Republic of Vietnam:
  • The Ministry initiated an expiry review investigation in relation to the current dumping measures on imports of strips manufactured from polyethylene and polypropylene or woven fabrics thereof (only woven tarpaulin) classified under the CN Codes 3921.90.60.00.11, 3921.90.60.00.13, 3926.90.92.00.19 and 3926.90.97.90.18 originating from People's Republic of China and Socialist Republic of Vietnam.
  • Communiqué No. 2019/32 dated November 9th, 2019 concerning the imports of certain products (containing dioctyl terephthalate)) originating from the Republic of Korea:
  • Currently, anti-dumping duties are imposed to the imports of products classified under the CN Code 2917.39.95.90.13 originating from the Republic of Korea. With the Communiqué No. 2019/32 dated November 9th, 2019, the Ministry announced its decision upon the completion of the anti-circumvention investigation regarding imports of the products classified as "others" (only those containing dioctyl terephthalate) under the CN Code 3812.20.90.00.00 due to its impairing effect on the anti-dumping duties imposed on the imports of products classified under the CN Code 2917.39.95.90.13. Accordingly, the Ministry decided to apply anti-dumping duties at the same rates as those imposed on products classified under the CN Code 2917.39.95.90.13 originating from Republic of Korea, at rates of 7.99% of the CIF cost for LG Chem Ltd and 12.57% of the CIF cost for other importers.
  • Communiqué No. 2019/31 dated November 16th, 2019 concerning imports of yarn and ropes out of vulcanized rubber originating from Malaysia:
  • The Ministry initiated an expiry review investigation in relation to the current dumping measures on imports of yarn and ropes out of vulcanized rubber classified under the CN Code 4007.00 originating from Malaysia.

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.

ARTICLE
15 January 2020

Quarterly Update On Trade Defense Cases In Turkey – 2019 – 4th Quarter

Turkey International Law
Contributor
ELIG Gürkaynak Attorneys-at-Law is an eminent, independent Turkish law firm based in Istanbul. The firm was founded in 2005. ELIG Gürkaynak is committed to providing its clients with high-quality legal services. We combine a solid knowledge of Turkish law with a business-minded approach to develop legal solutions that meet the ever-changing needs of our clients in their international and domestic operations. Our legal team consists of 90 lawyers. We take pride in being able to assist our clients in all fields of law. Our areas of expertise particularly include competition law, corporate law, M&A, contracts law, white collar irregularities and compliance, data protection and cybersecurity law, litigation and dispute resolution, Internet law, technology, media and telecommunications law, intellectual property law, administrative law, real estate law, anti-dumping law, pharma and healthcare regulatory, employment law, and banking and finance law.
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