Turkey: Investigations Concluded Without Applying Any Anti-Dumping Duties: Precedents Of The Ministry Of Trade

Last Updated: 26 March 2019
Article by Gönenç Gürkaynak Esq, Ceren Yıldız, Sinem Uğur and Nazlı Gürün
Most Read Contributor in Turkey, September 2019

The number of cases in which the Ministry of Trade ("Ministry") has closed an investigation without applying any antidumping duties is considerably low, considering that there have only been six (6) such cases within the past five (5) years. Taking a closer look at the Ministry's investigations, it can be quickly deduced that most of these cases (namely, four out of six) did not include any anti-dumping duties due to the applicants' withdrawal of their applications during the relevant investigation terms. The remaining two cases, however, actually relate to investigations in which the Ministry has made evaluations and completed its reviews, and ultimately decided not to impose any anti-dumping duties. One of these decisions dates back to 2016, while the other one is fairly recent, dating 2018.

Through the Communiqué No. 2017/11 dated May 14,2017, the Ministry had initiated an investigation, upon receiving the application of Cam Elyaf Sanayii A.Ş. ("Cam Elyaf"), Turkey's sole domestic manufacturer of glass fiber, in order to determine whether the prices of glass fiber reinforced materials classified as "glass reinforced and trimmed yams shorter than 50 millimeters" under the CN Code 7019.11.00. 00.00, "cords" under the CN Code 7019.12.00. 00.00, "of filaments" under the CN Code 7019., "of discontinuous fibers" under the CN Code 7019., "reinforcement layers" under the CN Code 7019.31.00. 00.00, "of weavable fibers (except pipe and tube isolation molds and covers)" under the CN Code 7019., and "glass fiber mat" under the CN Code 7019.90.00. 30.00, originating from Egypt had been subject to dumping activities. The Ministry conducted its research and reached its assessment based on the data available within the period of January 1, 2014 through to December 31, 2016. The Briefing Report, which was published together with the Communiqué No. 2018/31, dated September 26,2018 ("Communiqué"), indicated that (i) Cam Elyaf had fully cooperated with the investigation and provided all the necessary documents, (ii) six (6) of the exporter companies had completed the question forms, and (iii) Jushi Egypt for Fiberglass Industry S.A.E, which was identified as the company that imports the products subject to the investigation into Turkey, had also duly completed the questionnaire, and had fully cooperated with the Ministry over the course of the investigation.

Through the Communiqué, the Ministry announced that it had concluded the investigation by deciding not to impose any anti-dumping duties on Egypt. According to the Briefing Report, during the course of the investigation, the Ministry had examined the economic data and indicators of Cam Elyaf between 2014 and 2016, and it had concluded that certain economic indicators of the company, such as its capacity utilization rate, unit sale profits (both domestically and overseas), efficiency, stocks, stock circulation rate, and product cash flow, had improved in general, along with its rising level of profitability. The Briefing Report also stated that the company had been horizontally advancing in terms of various indicators, such as domestic sales quantity, industrial cost and commercial cost, and even experiencing some deterioration in certain economic indicators, such as manufacturing, export quantity, employment, and capacity. However, the Ministry also expressed the view that the favorable economic situation of Cam Elyaf, resulting from indexes of both domestic and overseas unit profitability, also had an effect on (and was reflected in) the company's overall financial structure, ensuring that its cash flow and assets remained healthy and steadily progressed. Accordingly, the Ministry decided to close the investigation without imposing any anti-dumping duties on the imports of the products subject to the investigation originating from Egypt, as the totality of the indicators, which were observed to be advancing horizontally and reflecting an overall positive economic state, did not indicate that Cam Elyaf had faced any material damages.

The other investigation that concluded without the imposition of any anti-dumping duties, which dates back to 2016, was related to the imports of biaxially oriented polypropylene films ("BOPP Films"), which is classified as "others" under the CN Code 3920., originating from the People's Republic of China, Egypt, India and Saudi Arabia. This investigation was launched upon the application of two domestic manufacturers in Turkey, namely "Super Film Ambalaj Sanayi ve Ticaret A.Ş." and "Polinas Plastik Sanayi ve Ticaret A.Ş." Similar to the glass fiber reinforced materials case, the Ministry reasoned that the related imports had not caused any deterioration for the domestic manufacturers and that, conversely, the domestic manufacturers had actually experienced some improvement with regard to their basic economic indicators. Therefore, the Ministry determined that the results of its investigation did not indicate any material damage within the domestic industry, and thus decided to close the investigation without applying any anti-dumping duties.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions