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ANTI-DUMPING MEASURES WHICH ARE TO EXPIRE IN 2023 AND WHAT KIND OF CONNOTATIONS THIS MIGHT HAVE ON INTERESTED PARTIES

When we review the Turkish Ministry of Trade’s official website and considering the latest global developments regarding the international trade, we believe that 2023 is going to be a busy year. In this regard, it is of utmost interest to parties which have stakes in this area to closely monitor and anticipate which investigations may be initiated, so as to either apply for an expiry review or to prepare for them. This becomes especially significant when the amount of scrutiny and work these investigations require the interested parties to dedicate.

Under the Turkish legislation it is stipulated that a measure shall expire five years from its imposition or five years from the date of the conclusion of the most recent review. In case a producer would like to apply for an expiry review, such a request should be made no later than three months before the end of the five-year period. This request should be made in written form and contain sufficient evidence for the initiation of a review investigation. In this regard, the Ministry generally welcomes the applications of domestic producers. However, it should be born in mind that the applications which do not contain sufficient evidence may be rejected by the Ministry or the Ministry may ex officio initiate an expiry review investigation

Moreover, another noteworthy point is that in case the investigation is initiated, other interested parties are given thirty-seven days to submit their responses to the questionnaires and declare to become an interested party. However, due to the level of detail required by the Ministry concerning the data which needs to be submitted, the anticipation of the initiation of an investigation can allow the companies to prepare prior to the announcement of the initiation notice in the Official Gazette.

Accordingly, we would like to share the measures which were announced to expire in case an application for an expiry review is not made or an investigation is not ex officio initiated by the Ministry. In doing so, we included the Turkish Ministry of Trade’s evaluations concerning the last investigation in respect of each specific measure.

Product Name Country of OriginExpiry DateEvaluations as a Result of the Last Investigation
Cooperation by foreign producers/exportersDumpingInjuryMeasure
Porcelain and Ceramic Tableware and Kitchenware[1]China03.03.2023Fifty-three producers

Sampling was adopted

Non-market economy status of China

The Ministry calculated the dumping margins by comparing the normal value and weighted average of the export price

Deteriorations in the economic indicators of the domestic industry

No price undercutting & price depression between 2% and 5%

Public interest

Lesser duty rule

8% of the CIF value

Air conditioners[2]China08.03.2023Two producersThe Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigationDomestic industry lost market share

Price undercutting of X%, 4X%, 10X% respectively in 2014, 2015, 2016 & price depression of X%, 3X%, 8X% respectively in the same years

Measure remained unchanged: 25% of the CIF value
Unbleached Kraft Liner Paper[3]Brazil

Finland

Poland

Russia

04.19.2023One Brazilian producer

One Finnish producer

One Polish producer

One Russian producer

The Ministry calculated the dumping margins by comparing the normal value and weighted average of the export priceProspective analysis of injury

Price undercutting in the first half of 2016: for Finland 1X.X%, for Russia X.X%, for Brazil X.X%

Price undercutting in 2016: for Finland 1X.X%, for Russia X.X%, for Brazil X.X%, for Poland X%

Lesser duty rule was applied

Measures between 5% and 11.34% of the CIF value depending on the country and cooperation

Polyester synthetic staple[4]Indonesia

Korea

20.04.2023Three producersThe Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigationKorea: No price undercutting & depression

Indonesia: Price undercutting of 3X%, X% respectively in 2014, 2015, and no price undercutting in 2016 & price depression of 1X% in 2014, and no price depression in 2015, 2016

 

Measures remained unchanged: 6.2% of the CIF value for Korea and 6.2% of the CIF value for cooperating company and 12% of the CIF value for the others for Indonesia
Pipe fittings[5]Bulgaria

Indonesia

India

Thailand

Brazil

China

21.04.2023Three producersThe Ministry did not calculate a new dumping margin. Instead, it focused on the export capacity and global export prices of the concerned countries as well as the level of measures established in the original investigationAlthough there are improvements in the economic indicators of the domestic industry this is due to the measures in place

Price undercutting between X% and %XX in 2016 (except Brazil)

Measures remained unchanged: ranging between 147 and 800 USD ton depending on the country and cooperation
Plywood[6]China22.05.2023NoneThe Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigation.Certain improvements but also deteriorations in the economic indicators of the domestic industry

No price undercutting & depression

 

Due to the additional customs duties imposed the measure was lowered: 140 USD/m3
Granites[7]China24.05.2023NoneThe Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigation as well as the developments in the domestic marketDeteriorations in the economic indicators of the domestic industry

Price undercutting of 1X% & price depression of X% in 2015

No price undercutting & depression in 2014 and 2016

Measure remained unchanged: 174 USD/Ton
Lighters[8]China19.06.2023NoneThe Ministry calculated the dumping margins by comparing the normal value and weighted average of the export priceCertain positive factors but also deteriorations in the economic indicators of the domestic industry

No price undercutting & price depression of 3X%.

24.55% of the CIF value
Refractory bricks of chromite, magnesite or chrome magnesite[9]China05.09.2023NoneThe Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigationImprovements in the economic indicators of the domestic industry

No price undercutting & price depression between 0% and 10% in 2017.

Measure remained unchanged: 145 USD/Ton
Vulcanised rubber thread and cord[10]

 

Thailand08.09.2023Three producersThe Ministry did not calculate a new dumping margin. Instead, it focused on the export capacity and global export prices of Thailand as well as the level of measures established in the original investigationAlthough there were improvements in the economic indicators of the domestic industry this is due to the measures in place

Price undercutting between 5% and 10% in 2017

Measures remained unchanged: 4.37% of the CIF value for the cooperating company and 8.75% of the CIF value for the others
Polyester textured yarn[11]India

Taiwan

08.09.2023Nine producersThe Ministry did not calculate a new dumping margin. Instead, it focused on the export capacity and global export prices of the concerned countries as well as the level of measures established in the original investigationDeteriorations in the economic indicators of the domestic industry

Price undercutting between 40% and 50% in 2016

Measures remained unchanged: (i) between 6.8% and 20.3% of the CIF value for India, (ii) between 9.9% and 28.6% of the CIF value for Taiwan
V-belts[12]China

India

Vietnam

16.10.2023NoneThe Ministry did not calculate a new dumping margin. Instead, it focused on the export capacity and global export prices of China as well as the level of measures established in the original investigationNo price undercutting & depressionPublic interest

Lesser duty rule was applied

The measure was lowered to 3.15 USD/Kg for all countries

Polyester synthetic staple[13]China20.10.2023NoneThe Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigationImprovements in the economic indicators of the domestic industry

Price undercutting & price depression 1X% in 2017

Measure remained the same: 0.21 USD/Kg
Cored Wire of Base Metal [14]Vietnam27.10.2023One producerNon-market economy status of Vietnam

The Ministry calculated a dumping margin by comparing the normal value and weighted average of the export price

Price undercutting between 0% and 9% & price depression between 20% and 29% in 2017Public interest

Lesser duty rule was applied

21.15 of the CIF value for the cooperating company and 29.65 of the CIF value for the others

Woven Fabrics of Synthetic and Artificial Stable Fibers[15]

 

China31.12.2023NoneThe Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigationImprovements in certain economic indicators of the domestic industry

Price undercutting & price depression between 20% and 29% in 2017

Lesser duty rule was applied

The measures were lowered to 44% of the CIF value from 87% of the CIF value

Welded Stainless Steel Tubes, Pipes & Profiles[16]China, Taiwan31.12.2023One Chinese producer

Three Taiwanese producers

The Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigationDeteriorations in the economic indicators of the domestic industry

China: No price undercutting & price depression ranging between 1% and 9% in 2017

Taiwan: Price undercutting ranging between 1% and 9% & price depression ranging between 10% and 19% in 2017

Lesser duty rule was applied

The measures were lowered as ranging between 7.98% and 20.50% of the CIF value from ranging between 7.98% and 25.27% of the CIF value

Polystyrene[17]Iran31.12.2023Seven producersThe Ministry calculated the dumping margins by comparing the normal value and weighted average of the export priceDeteriorations in the economic indicators of the domestic industry

No price undercutting & price depression between 0% and 9% in 2017

Public interest

Lesser duty rule was applied

11.3% of the CIF value

Within this scope, it should also be stated that although last year in 2022 nine measures were to expire, with regard to seven of them an expiry review investigation was initiated. This demonstrates that expiry review investigations are accepted as a general mean to remedy trade distortions and hence, they are frequently used by both the domestic industry and the Turkish Ministry of Trade. Accordingly, the interested parties are recommended to closely follow the updates regarding these issues not to face any forfeiture.

Article by Ertuğrul Can Canbolat and Su Başak Satır

[1] Classified under the CN Codes 6911.10.00.00.11, 6911.10.00.00.12, 6911.10.00.00.19, 6912.00.21.00.00, 6912.00.23.00.00, 6912.00.25.00.11, 6912.00.25.00.12, 6912.00.25.00.19, 6912.00.29.00.00.

[2] Classified under the CN Codes 8415.10.90.00.00, 8415.90.00.90.11, 8415.90.00.90.12.

[3] Classified under the CN Codes 4804.11.11.10.00, 4804.11.15.10.00, 4804.11.90.10.11, 4804.11.90.10.12.

[4] Classified under the CN Code 5503.20.00.00.00.

[5] Classified under the CN Code 7307.19.

[6] Classified under the CN Codes 4412.10, 4412.31, 4412.32, 4412.39.

[7] Classified under the CN Codes 6802.23, 6802.93.

[8] Classified under the CN Code 9613.80.00.00.11.

[9] Classified under the CN Codes 6902.10.00.10.11, 6902.10.00.10.12, 6902.10.00.10.13, 6815.91.

[10] Classified under the CN Code 4007.00.

[11] Classified under the CN Code 5402.33.

[12] Classified under the CN Codes 4010.32.00.00.00, 4010.34.00.00.00, 4010.39.00.00.00.

[13] Classified under the CN Code 5503.20.00.00.00.

[14] Classified under the CN Code 8311.20.00.00.00.

[15] Classified under the CN Codes: 55.13, 55.14, 55.15, 55.16.

[16] Classified under the CN Codes 7306.40.20.90.00 7306.40.80.90.00 7306.61.10.00.00.

[17] Classified under the CN Code 3903.19.00.00.00.