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”.
Our Expertise
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. Second main legal sources are the Council of Ministers Decree on the Prevention of Unfair Competition in Imports dated 20/10/1999 and numbered 99/13482 and the Regulation on the Prevention of Unfair Competition of 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.
How an anti dumping investigation can be started?
Any local producer companies that are deemed to represent a specific domestic industry can make a complaint on behalf of the “domestic industry”in accordance with Article 20 of
the Regulation. Within this context, the said Companies will be referred as “domestic industry” in
the relevant sections of this Communiqué.In the assessment made using the information, documents, and evidence presented by the domestic industry regarding the damage, it should be observed that there is concrete deterioration in key economic indicators of the domestic industry related to the investigated product, such as production quantity, domestic sales quantity, stock quantity, product cash flow, capacity utilization rate, and market share to initiate and carry out an investigation.
How is the implementation of Anti Dumping norms in Turkey?
It is fundamental to bear in mind that Turkish government takes dumping samples very serious and imposes severe sanctions upon particularly foreign companies. During 2024, Turkey initiated and carried out several investigations including
- Anti-Dumping Investigation against the importation of clear float glass from the Russian Federation
- 2024 Anti Dumping Measure Against Germany and Sweden
- 2024 Anti Dumping Investigation against Egypt
- Anti-Dumping Investigation against China, India, Japan and Russian Federation
- 2024 Anti Dumping Measure against North Macedonia
- 2024 Anti Dumping Investigation against South Korea
- 2024 Anti Dumping Investigation against Egypt and Bahrain
2024 Anti Dumping Investigation against Egypt and Bahrain can be taken as a great example. A decision on 2024 anti dumping investigation against Egypt and Bahrain 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 August 6, 2024. Critical process has started after the announcement of this investigation in the Official Gazette dated August, 2024. The Turkish Ministry of Trade initiated an anti-dumping investigation regarding FiberGlass-centric products classified under HS Codes 7019.11, 7019.12, 7019.13, 7019.15 ve 7019.19 originating from Egypt and Bahrain. 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.
Anti Dumping Lawyers List
Here are list of anti dumping lawyers list in Turkey, Ankara and İstanbul.
Name | Phone | Address | Profile Page | ||
---|---|---|---|---|---|
Aladdin İraz (Partner) | +90 536 038 0222 | +90 536 038 0222 | Fatih Sultan Mehmet Mah. Poligon Cad. Buyuka 2 Sitesi No: 8 C3 Blok D: 48 Ümraniye / İstanbul | Aladdin İraz | |
Sevcan İraz (Partner) | +90 536 038 0222 | +90 536 038 0222 | Fatih Sultan Mehmet Mah. Poligon Cad. Buyuka 2 Sitesi No: 8 C3 Blok D: 48 Ümraniye / İstanbul | Aladdin İraz | |
Sevil Telli (Associate | Lawyer | Consultant | Team Leader) | +90 536 038 0222 | +90 536 038 0222 | Korkutreis Mah. Necatibey Cad. No : 38 Kat 7 Çankaya Ankara | Sevil Telli | |
Büşra Dereli (Associate) | +90 536 038 0222 | +90 536 038 0222 | Korkutreis Mah. Necatibey Cad. No : 38 Kat 7 Çankaya Ankara | Büşra Dereli | |
Arzu Şeyma Arı (Associate) | +90 536 038 0222 | +90 536 038 0222 | Korkutreis Mah. Necatibey Cad. No : 38 Kat 7 Çankaya Ankara | Arzu Şeyma Arı |
Our Relevant Articles
All our articles and papers on emerging legal challenges for this area together with their fully fledged solutions are available online here.
- Anti Dumping Investigations
- Anti Dumping Investigation against Russian-based Import,
- Customs Clearances in Turkey
- Export Customs Regime in Turkey
- Customs Duties in Turkey
- Import Customs Regime in Turkey
You can visit our Blog and linkedin page for our publications.
Insights & News
- Anti-Dumping Investigation against the importation of clear float glass from the Russian Federation
- 2024 Anti Dumping Measure Against Germany and Sweden
- 2024 Anti Dumping Investigation against Egypt
- Anti-Dumping Investigation against China, India, Japan and Russian Federation
- 2024 Anti Dumping Measure against North Macedonia
- 2024 Anti Dumping Investigation against South Korea
- 2024 Anti Dumping Investigation against Egypt and Bahrain
Testimonials
Hüseyin Güner
Pi Legal Consultancy is really good at anti dumping investigation procedures. I particularly think thank the anti dumping working group for their solution-based asssistance to our firm.