Protective national measures may cause several concerns for relevant stakeholders including large scale corporations at the international level. Understanding timeliness and deadlines is very essential for all legal practitioners including anti dumping lawyers. Therefore, an embracing anti dumping consulting service is necessary for any entrepreneurs with regard to dumping cases and|or anti dumping measures.
If a company exports a product at a price lower than the price it normally charges on its own home market, it is said to be “dumping” the product’, according to the World Trade Organization. National authorities have several challenges in the realization of fairness of import and export. Thus, Turkish Ministry of Trade is empowered with opening investigations and to take strict measures under anti dumping legislation.
What are the types of dumping?
There are three main types of dumping in national economy systems:
- sporadic dumping,
- predatory dumping,
- persistent dumping
- reverse dumping.
Notably, fundamental advantage of dumping is to have a chance to buy products in lower prices. Fundamental disadvantage of dumping is to cause unintended commercial consequences including trade war.
What is meant by Anti Dumping?
Generally speaking, anti-dumping implies actions and practices implemented by relevant domestic authorities to prevent dumping. Mostly, national competent institutions impose very hard measures aiming at preserving their own domestic producers from the risks of imports and|or unfair competitive conditions.
Anti Dumping actions
In this context, a comprehensive legal framework was adopted by Turkish authorities for the prevention of unfair trade causing a serious harm to the domestic industries. Such norms are mainly known as “anti dumping actions”.
Pi Legal Consultancy has professional anti dumping lawyers. Accordingly, we can offer a cutting-edge and practical legal solution to domestic and international companies, importers and exporters for the afore-mentioned legal norms and their application.
Our expertise also extends to, among others, following subjects:
- Implementation of subsidy and anti-subsidy measures,
- Price undertakings,
- Tax and other temporary measures aiming at the protection of domestic products or companies,
- Initiating and conducting anti-dumping investigations,
- Filing petitions before Administrative Courts for cancelling anti-dumping measures,
What kind of legal steps should be taken for anti-dumping investigation?
First of all, the inquiry questionnaires should be answered very carefully. It is particularly significant to prove that the importation complained of is not an example of dumping, it does not cause any material or potential damage or at least there is not any legal link between the damage and the importation complained of.
What is the anti-dumping law in Turkey?
The Law on the Prevention of Unfair Competition of Imports (Numbered 3577) has been the central anti dumping legislation within the jurisdiction of Turkey. In accordance with the Law on the Prevention of Unfair Competition of Imports, dumping is defined as ‘export price of a product to Turkey being less than the normal value for the like product’. The main objective of the text of Law is to set forth 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 subsidised imports.
Which Authority May Impose Anti-Dumping Measures and Investigations?
Ministry of Trade is granted several mandates and powers to implement critical rules in the field. Indeed,
Pursuant to Article 4 of Law No. 3577, the Directorate General has the authority, upon complaint or where necessary, ex officio, to initiate a dumping examination. The Directorate General may submit its proposal to the Board of Evaluation of Unfair Competition in Imports and its duties on whether or not to initiate an investigation.
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All our articles and papers on emerging legal challenges for this area together with their fully fledged solutions are available online here.
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