Anti Dumping Investigation Against China India And Malaysia

Anti Dumping Investigation against China India and Malaysia should be taken seriously by importers and expertors of poliester.

This article examines the scope, target countries and the product subject to the anti-dumping investigation initiated under Communiqué No. 2025/45 published in the Official Gazette dated 31 December 2025 and numbered 33124. The Communiqué addresses the new process launched to review the existing anti-dumping measures imposed on certain polyester products originating from the People’s Republic of China, India, and Malaysia.

Following the application filed by the domestic producer Korteks Mensucat Sanayi ve Ticaret A.Ş., it was assessed that the expiration of the existing restrictions could cause injury to the domestic industry and the legal process was formally initiated.

The relevant document defines the procedural framework and substantive rules of the investigation, market economy assessments, and notification deadlines applicable to interested parties. Existing anti-dumping duties will remain in force until the investigation is finalized and will continue to protect the domestic production sector. The final decision will be rendered by the Ministry of Trade after receiving and evaluating the opinions of foreign companies and importers.

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Anti Dumping

Which Product Is Subject to the Investigation Under the Communiqué on Anti Dumping Investigation against China India and Malaysia?

The product subject to the Final Sunset Review Investigation (FSRI) initiated by the Ministry of Trade is defined as follows:

• Customs Tariff Code (CTC): 5402.47
• Description: “Others, of polyesters”

The products covered by the investigation originate from the People’s Republic of China, India, and Malaysia.

a. Primary Purpose of the Communiqué on Anti Dumping Investigation against China India and Malaysia

The primary purpose of Communiqué No. 2025/45 is to initiate a Final Sunset Review Investigation (FSRI) based on the application submitted by the domestic producer Korteks Mensucat Sanayi ve Ticaret A.Ş., supported by other domestic producers (Küçükçalık, Polyteks, and RB-Karesi).

b. Objectives of the Investigation and the Communiqué on Anti Dumping Investigation against China India and Malaysia

i. Review of Existing Measures

To determine whether the definitive anti-dumping measures currently in force on imports of products classified under CTC 5402.47 originating from China, India, and Malaysia should be maintained.

ii. Assessment of Risk of Continued Injury

To determine whether the removal of the existing measures would likely result in the continuation or recurrence of dumping and injury to the domestic industry.

iii. Determination of Procedural Rules

To regulate investigation procedures, notification methods, and the obligations of interested parties.

c. Legal Basis on Anti Dumping Investigation against China India and Malaysia

The investigation is based on the following legislation:

• Law No. 3577 on the Prevention of Unfair Competition in Imports (14 June 1989)
• Council of Ministers Decision No. 99/13482 (20 October 1999)
• Regulation on the Prevention of Unfair Competition in Imports (30 October 1999)

What Is the Deadline for Questionnaire Responses During the Anti Dumping Investigation against China India and Malaysia?

Pursuant to Article 12 of the Communiqué titled “Time Limits,” the deadline for responding to the questionnaires is 37 days.

The starting date of the deadline is determined as follows:

For Notified Parties: From the date the notification is sent (postal delivery time is included).

For Non-Notified Parties: From the publication date of the Communiqué.

What Are the Procedural Rules, Deadlines, and Cooperation Obligations for Anti Dumping Investigation against China India and Malaysia?

a. Communication and Submission Procedures

i. Companies Established in Türkiye

Must submit questionnaire responses and official submissions via their registered KEP addresses to ticaretbakanligi@hs01.kep.tr.

ii. Companies Established Abroad

Must submit written responses by post, provide annexes electronically (CD/USB), and send a copy to ithebys@ticaret.gov.tr.

iii. Representation Requirement

Foreign companies represented by legal counsel must submit a power of attorney bearing an apostille or Turkish Consulate approval.

iv. Language Requirement

All communications, except questionnaire responses, must be conducted in Turkish.

v. Confidentiality

Confidential submissions must be accompanied by a non-confidential summary enabling meaningful understanding.

b. Cooperation Rules and Sanctions

i. Non-Cooperation

Parties failing to provide information on time, refusing access, or submitting misleading information will be deemed non-cooperative.

ii. Decisions Based on Facts Available

In case of non-cooperation, the Ministry may base its determinations on available facts, which may lead to unfavorable outcomes.

c. Special Rule for China

Chinese producers must prove that they operate under market economy conditions within 37 days. Otherwise, Türkiye may be used as the analogue country pursuant to Article 7 of the Regulation.

Background of Existing Measures and Grounds for the New Review Investigation

a. History of Existing Measures

i. 2014 (Initial Measures)

Definitive measures were imposed under Communiqué No. 2014/31 (USD 0.15–0.17/kg).

ii. 2017 (Interim Review)

Measures on Chinese-origin products were increased under Communiqué No. 2017/17 (USD 0.25–0.30/kg), while India and Malaysia remained unchanged.

iii. 2021 (Previous Sunset Review)

Continuation of the measures was confirmed under Communiqué No. 2021/1.

b. Grounds for the New Review Investigation

i. Expiry of Measures

The expiration of existing measures was announced under Communiqué No. 2025/15.

ii. Risk of Injury

Domestic producers alleged that dumping and injury would continue if measures were lifted.

iii. Sufficient Evidence

The Ministry determined that sufficient evidence existed to justify initiation of the investigation.

Conclusion

Anti-dumping investigations are among the most technical, complex, and high-risk legal processes in international trade. Whether you are an importer, exporter, or domestic producer, acting without a proper strategy and expert legal support may lead to irreversible financial losses and loss of market share.

At Pi Legal Consultancy, our expertise in international trade law constitutes a core component of the comprehensive advisory services we provide. Working with an experienced anti-dumping lawyer who can represent you before the Ministry of Trade and effectively protect your commercial interests is the key to success in these proceedings.