A trade remedy investigation can be initiated upon an application of domestic producers or ex officio by the Ministry if there is sufficient evidence that dumped or subsidised imports of a certain product have caused injury to the domestic industry. The content of the application form varies depending on the requested trade remedy and can be accessed at the Ministry’s website.
Application for the imposition of an anti-dumping or anti-subsidy measure
According to Law No. 3577, an application may be made by or on behalf of the domestic industry in writing. The complaint shall be considered to have been brought by or on behalf of the domestic industry if it is supported by the producers whose collective output constitutes more than 50 per cent of the total production of the like product produced by that portion of the domestic industry expressing either support for or opposition to the application and shall not be less than 25 per cent of the total production of the like product produced by the domestic industry in Turkey (the representativeness test). In the case of fragmented industries involving a large number of producers, the support and opposition of the domestic industry may be determined by using statistically valid sampling techniques.
Such an application must include, among other things, the following information and details: the applicant and the other domestic producers; the products concerned by the application; the production process of those products; like products; the market structure; the applicant’s imports of those products; sales, cost and accounting structure of the applicant; pricing; the applicant’s economic indicators (eg, productivity, sales, costs, profitability, employment, capacity usage rate, investment); known exporters and importers; and the dumping or subsidy, material injury, threat of material injury or material retardation of the establishment of an industry, and causation allegations (eg, dumping calculation; schedule, amount or characteristics of the subsidy; development of imports, both in absolute and relative terms; and imports’ effects on the domestic industry’s prices). In addition, the applicant must provide a non-confidential version of the application and the Ministry is obliged to respect confidentiality under both the relevant domestic legislation and the Anti-Dumping Agreement. Upon the Ministry’s first review of the application, potential deficiencies will be noticed to the applicant and missing or additional information will be required.
An investigation shall not be initiated where it is determined that the dumping or subsidy margin is de minimis or that the import volume is deemed negligible. The criteria used in this regard are as follows:
- regarding dumping investigations, cases where:
- the margin of dumping expressed as a percentage of the export price is less than 2 per cent; or
- the volume of dumped imports from the concerned country is found to account for less than 3 per cent of imports of the like product and, where more than one country is involved, imports from countries accounting for less than 3 per cent individually do not account collectively for more than 7 per cent of imports of the like product; and
- regarding subsidy investigations, cases where:
- the amount of subsidy is less than 1 per cent of the value of the product concerned; or
- as regards imports from developing countries:
- the amount of subsidy does not exceed 2 per cent of the value of the product concerned; or
- the volume of subsidised imports from the concerned country is found to account for less than 4 per cent of the total imports of the like product and, where more than one developing country is involved, imports from developing countries accounting for less than 4 per cent individually do not account collectively for more than 9 per cent of the total imports.
Within 45 days following the proper submission of a complete application, the Directorate General for Imports must conclude its examination and submit its proposal (whether to initiate an investigation) to the Board of Evaluation for Unfair Competition in Imports. If the Board of Evaluation for Unfair Competition in Imports resolves to start an investigation, this will be presented to the Minister of Trade’s approval. Afterwards, the relevant country is notified about the initiation of an investigation and an initiation notice is published in the Official Gazette. On the other hand, if the Board of Evaluation for Unfair Competition in Imports decides not to conduct an investigation, only the applicant(s) will be notified.
As regards the initiation of an expiry review investigation, the Ministry announces through a communiqué the measures that will expire on a given date. Producers may require the extension of the applicable measures at the latest within the three months prior to the expiry date. Such applications should be substantiated by documents demonstrating that dumping or subsidy and injury are likely to continue or recur. Moreover, once the measures have been in force for one year, an interim review investigation may be requested by an exporter, importer or domestic producer on the ground that a change took place regarding dumping, subsidy or injury.
Application for the imposition of a safeguard measure
The Regulation on Safeguards stipulates that the relevant natural or legal persons or the professional organisations or chambers with which they are affiliated may submit a written application for the imposition of a safeguard measure. This form may be obtained from the Directorate General for Imports.
The application must mainly consist of the following information and details: the applicant and the other domestic producers; the products concerned by the application; the production process of those products; customers; the market structure; the factors influencing the demand and competition; development of imports, both in absolute and relative terms; unforeseen developments, serious injury or threat of serious injury and causation allegations; the applicant’s costs and economic indicators (eg, productivity, sales, costs, profitability, employment, capacity usage rate, investment); and adaptation plan to the new competition environment to be created if a safeguard measure is brought into force.
Afterwards, the Directorate General for Imports will conduct a preliminary examination, in the course of which additional information or documents could be requested. The outcome of this preliminary investigation is then presented to the Board for the Evaluation of Safeguard Measures. The Board could either decide that an investigation should be launched (in which case an initiation notice is published in the Official Gazette and is notified to the WTO) or that an investigation is unwarranted (in which case the applicant is notified of the Board’s decision).
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