After Turkey's recent change to executive

presidency, the President has made some changes in the government system.

Accordingly, instead of the previous two ministries

that have been the Ministry of Customs and Trade and the Ministry of Economy,

there will be only one Ministry of Trade. As a result, through the Presidential

Decree on Presidential Organization No. 1 published on 10.07.2018, the Ministry

of Trade (the "Ministry") now has the authority to initiate dumping or subsidy

examinations, upon complaint or, where necessary, ex officio. Although the General Directorate of Imports is now

affiliated with the Ministry of Trade, the recent changes remain at a

ministerial level and the Board of Evaluation of Unfair Competition in Imports (within

the General Directorate of Imports) is yet responsible for resolving matters

with respect to actions and measures to be taken with the aim of protecting an

industry against damage caused by dumped and/or subsidized imports in case of

unfair competition. During the third quarter of 2018, the Ministry has

initiated a number of anti-circumvention investigations and announced its

decisions upon concluding several of the ongoing expiry review investigations.

As in the past, the Ministry has announced its decisions with the communiqués

published on the Official Gazette.

Below is a bullet-point summary of the status of the trade

defense cases initiated, concluded or amended during the 3rd quarter

of 2018:

-

Communiqué No. 2018/27 dated August 15th,

2018 concerning the withdrawn application regarding imports of terephthalic

acid originating from Republic of Korea, Spain and Belgium:

The Ministry announced its decision regarding the withdrawal

of the application within the investigation term in relation to the imports of terephthalic

acid classified under the CN Code 2917.36.00.00.11 originating from Republic

of Korea, Spain and Belgium. Accordingly, the Ministry decided to conclude the

anti-dumping investigation without applying any anti-dumping duties.

-

Communiqué No. 2018/28 dated September 5th,

2018 concerning several imports 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 chrome fire brick, classified under the CN code 6902.10.00.10.11,

magnesite fire brick classified under the CN code 6902.10.00.10.12, chrome

magnesite fire brick classified under the CN code 6902.10.00.10.13 and

magnesite, dolomite or chrome based (except dolomite based; magnesium oxide

based, 3 to 30 millimeter thick building panels) classified under the CN code

6815.91 originating from People's Republic of China. Accordingly, the Ministry

decided to apply an anti-dumping duty of 145 USD/m3 on the above imports

originating from People's Republic of China.

-

Communiqué No. 2018/33 dated September 7th,

2018 concerning the imports of woven fabrics of synthetic filament yarn under

the CN Code 54.07 and woven fabrics of synthetic yarn or artificial staple

fibers under CN Codes 55.13, 55.14, 55.15 and 55.16 originating from Greece:

Currently, anti-dumping duties are imposed to the

imports of woven fabrics of synthetic filament yarn under the CN Code 54.07

originating from People's Republic of China, South Korea, Malaysia, Thailand

and Taiwan as per the Communiqué No. 2015/3 and to the imports of woven fabrics

of synthetic yarn or artificial staple fibers under CN Codes 55.13, 55.14,

55.15 and 55.16 originating from People's Republic of China as per the

Communiqué No. 2013/10. After the completion of anti-circumvention

investigations, the Ministry decided to include (i) the Philippines with

respect to products under the CN Code 54.07 (see Communiqué No. 2006/30), (ii) Bulgaria

with respect to products under the CN Code 54.07, and CN Codes 55.13, 55.14,

55.15 and 55.16 (see Communiqués No. 2015/41 and 2015/40 respectively) and (i) Poland with respect to products under

CN Codes 55.13, 55.14, 55.15 and 55.16 (see Communiqué No. 2015/40). With the Communiqué No. 2018/33 dated September 7th

2018, the Ministry initiated an anti-circumvention investigation regarding the

imports of woven fabrics of synthetic filament yarn and woven fabrics of

synthetic yarn or artificial staple fibers originating from Greece.

-

Communiqué No. 2018/29 dated September 8th,

2018 concerning the imports of polyester textured yarn (polyester) originating

from Republic of India and Chinese Taipei:

The Ministry announced its decision upon the

completion of the expiry review in relation to the current dumping measures on

imports of polyester textured yarn (polyester), classified under the CN code 5402.33

originating from Republic of India and Chinese Taipei. Accordingly, the

Ministry decided to apply the anti-dumping duty at a rate of 20.3% on imports

of polyester textured yarn originating from Republic of India, excluding

fourteen companies for which the Ministry decided to apply anti-dumping duties

at lower rates differentiating from 6.8% to 14.1%; and at a rate of 28.6% on

imports of polyester textured yarn originating from Chinese Taipei, excluding five

companies for which the Ministry decided to apply anti-dumping duties at rates

differentiating from 9.9% to 18.9%. One of the companies located in Chinese

Taipei (Yi Jinn Industrial Co. Ltd.) that has cooperated with the Ministry was

also excluded from the other companies in Chinese Taipei but has received a

duty of 28.6% anyway as the dumping margin calculation particular for Yi Jinn

Industrial Co. Ltd. resulted also in a 28.6% duty necessity.

-

Communiqué No. 2018/30 dated September 8th,

2018 concerning the imports of unvulcanized rubber yarn and fabric originating

from Thailand:

The Ministry announced its decision upon the

completion of the expiry review in relation to the current dumping measures on

imports of unvulcanized rubber yarn and fabric, classified under the CN code 4007.00

originating from Thailand. Accordingly, the Ministry decided to continue to apply

the anti-dumping duty at a rate of 8.75% on imports of unvulcanized rubber yarn

and fabric originating from Thailand, with the exception of one company for

which the Ministry decided to apply an anti-dumping duty at a rate of 4.37%.

-

Communiqué No. 2018/32 dated September 8th,

2018 concerning the imports of products classified as "others (Electric,

Storage Water Heater)" originating from People's Republic of China, Italy and

Serbia:

The Ministry initiated an expiry review in relation to

the current dumping measures on imports of products classified as "others (Electric,

Storage Water Heater)" under the CN Code 8516.10.80.00.19 originating from

People's Republic of China, Italy and Serbia.

-

Communiqué No. 2018/31 dated September 26th,

2018 concerning the imports of products classified as "glass fiber-reinforced

materials" originating from Egypt:

The Ministry announced its decision upon the

completion of the anti-dumping investigation on products classified as "glass

fiber-reinforced materials" defined as "glass reinforced and trimmed yarns

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 7019.19.00.00.00,

"of discontinuous fibers" under the CN code 7019.19.90.00.00, "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 7019.90.00.10.00 and

"glass fiber mat" under the CN code 7019.90.00.30.00 originating from Egypt.

Accordingly, the Ministry decided to conclude the anti-dumping investigation

without applying any anti-dumping duties.

Authors: Gönenç Gürkaynak, Esq., Ceren Yıldız, Sinem Ugur and Nazlı Gurun, ELIG Gürkaynak Attorneys-at-Law

(First published by Mondaq on October 10, 2018)