A new decision on 2024 anti dumping measure against North Macedonia has been declared by Turkey. This paper presents the latest developments on the subject matter.
A recent decision on 2024 anti dumping measure against North Macedonia has been taken by the Ministry of Trade. That measure may have a direct impact upon leading companies originating from North Macedonia.
What does “dumping” mean in trade?
In general, “dumping” refers to a situation in which the export price of a goods is lower than market price of the same goods in the exporting country. Nevertheless, in practice even the definition of dumping causes several troubles for even legal practitioners including anti dumping lawyers.
Regarding a end-to-end analysis of export customs regime, see our articles on
What does dumping mean in foreign trade?
International authorities provide a milestone in identifying a global definition of dumping. It is particularly significant to understand that 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
Which legal conditions are necessary for initiation anti dumping measure?
After investigating, if the below-mentioned conditions are found, serious measures may be taken by national authorities particularly Ministry of Trade:
- The importation of the relevant product must be a typical example of dumping,
- Dumping should cause material damage / or threat of harm on domestic production,
- Causal link is necessary between this damage or threat and dumped imports.
Therefore, anti-dumping implies actions and practices implemented by relevant domestic authorities to prevent dumping. 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 measure in Turkey?
The Law on the Prevention of Unfair Competition of Imports (No: 3577) is the central to the anti-dumping actions and practice. In the Law in question, dumping is defined as ‘export price of a product to Turkey being less than the normal value for the like product’. The Law identifies 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.
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 measure against North Macedonia?
In accordance with 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 new decision on 2024 anti dumping measure against North Macedonia has been launched by the Turkish government. This procedure has been initiated by a Communiqué on the Prevention of Unfair Competition in Imports published in the Official Gazette on January 19, 2024. An anti-dumping measure of 1.9 dollars per kilogram will be applied to the import of some artificial and synthetic fibers and leather imitations originating from Northern Macedonia.
The decision is based on the grounds that companies located in the Republic of North Macedonia could not provide a sufficient justification during the investigation procedure.
In the final analysis, a critical decision on 2024 anti dumping measure against North Macedonia is first focus of this paper. Without benefiting an embracing anti dumping consulting service, it is quite challenging to handle investigation procedures and follow-up anti dumping measures in Turkey. What is really important is that there are specific timelines and deadlines for every single legal step. Submission of defense arguments about anti dumping investigations is very critical. Besides, involved companies have a right to lodge a case before administrative courts against anti dumping measures.
In terms of our work on litigation, see practice areas titled “Dispute Resolution and Litigation”
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