A decision on 2024 Anti Dumping Investigation against South Korea has been taken by the Turkish Ministry of Trade. This paper will present a brief outline of the latest developments on the subject matter.
What is meant by dumping?
Generally speaking, "dumping" means a situation in which the export price of a goods is lower than market price of the same goods in the exporting country. Dumping is accepted to happen when a company originating from a different country exports a product into the receiver country at a price lower than in the receiver country's market.It is noteworthy to underline that even the definition of dumping presents significant challenges for even legal practitioners including anti dumping lawyers.
Regarding a comprehensive analysis of current customs regime, see our articles on
Export Customs Regime in Turkey
What is meant by dumping in foreign trade?
International community produces different types of definitions for the word dumping. It is particularly significant to consider what is meant by dumping. According to the World Trade Organization, dumping is the sale or import of a particular product at less than fair value. Technically, this comparison will be made between the export price of a goods and the "normal value" of the equivalent goods in the exporting country. If the export price is lower than the local market price, that product can be considered "dumped".
With regard to the useful observations about import customs regime of Turkey take a look at our article on Import Customs Regime in Turkey
What is an example of foreign dumping?
If any company from Saudi Arabia sell cotton to the Turkey with a price lower than the same product's domestic price and this difference causes material damage and|or at least threat of damage on domestic production, this is a foreign dumping.
Which are legal grounds for the initiation of Anti Dumping Investigation?
There are three main pre-conditions to initiate anti dumping procedures according to the Turkish legal framework.
- The importation of the relevant product into the country can be regarded as a typical example of dumping,
- There must a proof and complaint that dumping should cause material damage and|or at least threat of harm on domestic production,
- There must be a causal link between this damage or threat and dumped imports.
It necessarily follows that anti-dumping measures necessarily require actions and practices implemented by relevant domestic authorities to prevent dumping with a view to protecting domestic producers. Indeed, anti-dumping investigations may be carried out by the competent Turkish authorities with the intention of the protection of local manufacturers.
For our work and all legal services on the matter of anti-dumping, please click our "Practice Areas", titled, Anti Dumping
What are the Main Legal Instruments Applicable to Anti Dumping Measures in Turkey?
The Law on the Prevention of Unfair Competition of Imports (No: 3577) applies to anti-dumping actions and practice. Dumping is defined as 'export price of a product to Turkey being less than the normal value for the like product'. The Law stipulates the rules and principles as regards the procedures to be applied and measures to be taken for purposes of protecting a domestic industry against injury caused by unfair competition practices in imports namely, dumped or subsidized imports.
The Decision on the Prevention of Unfair Competition of Imports and the Regulation on the Prevention of Unfair Competition of Imports are also available online here.
Absorbing and understanding anti-dumping legislation play a significant role upon escaping severe financial measures by competent national authorities. Accordingly, anti dumping laws should be carefully analyzed in the case of anti dumping investigations first. You may benefit from our updated article on Anti Dumping Investigations in Turkey.
What is the News on 2024 Anti Dumping Investigation against South Korea
According to Article 3, measures shall be taken in cases where dumped or subsidized imports have caused material injury or threatened to cause material damage to the domestic industry.
A decision on 2024 anti dumping investigation against South Korea has been made by the Turkish government. The decision concerned necessitates the implementation of an effective investigation process.
This procedure will be regulated by a Communiqué on the Prevention of Unfair Competition in Imports published in the Official Gazette on March 21, 2024. Critical process has started after the announcement of this investigation in the Official Gazette dated April 2, 2024. The product [hot rolled flat steel not in coils] under measure is classified under HS Codes 7208.51, 7208.52, 7225.99, 7208.90.80, 7211.13.00.11.00, 7211.13.00.19.00, 7211.14.00.21.11, 7211.14.00.21.12, 7211.14.00.29.11, 7211.14.00.29.12, 7211.14.00.31.00, 7211.14.00.39.00, 7211.19.00.21.00, 7211.19.00.29.00, 7225.40.40.00.00 ve 7225.40.60.00.00. It is of great importance for local companies to closely monitor the implementation of the measure process and to submit the technical file containing the requested detailed information, documents, and defenses to the relevant Turkish Authorities in a timely and complete manner.
Conclusion
In the light of the final analysis, an anti dumping consulting service may have a crucial role in handling the investigation process. It is particularly significant to emphasize that there are specific timelines and deadlines for every single legal step. Non-compliance of the time-table and|or any ignorance of any step is seen as non-cooperation action by Turkish national authorities during the investigation process. Submission of workable defense arguments about anti dumping investigations and|or new measures are very critical for foreign investors. Besides, it is noteworthy that companies have a right to lodge a case before administrative courts against anti dumping measures.
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.
