Import

Import Regime
Trade Defence Policy
Import Regime

The Turkish Import Regime of 2012

I. Introduction

The Import Regime is prepared by taking into account the Agreement establishing the World Trade Organization (WTO), the Customs Union Decision between Turkey and the European Union (EU), the free trade agreements (FTAs) signed with various third countries by Turkey, the unilateral preferential treatments granted by Turkey to the least developed countries and some developing countries within the framework of Generalized System of Preferences (GSP) as well as the specific needs and requirements of the agricultural and industrial sectors.
The Import Regime is published in the Turkish Official Gazette on the 31st of December and enters into force on the 1st of January of the subsequent year.
The Import Regime for the year 2012 is published in the Official Gazette No. 28159 (bis) dated 31 December 2011 and entered into force on 1 January 2012.
(http://www.resmigazete.gov.tr/main.aspx?home=http://www.resmigazete.gov.tr/eskiler/2011/12/20111231m1.htm&main=http://www.resmigazete.gov.tr/eskiler/2011/12/20111231m1.htm)
The consolidated version of the Turkish Import Regime with all the amendments made since 1995, on the other hand, can be reached at the following address:

II. The general structure of the 2012 Import Regime

The Import Regime for 2012 consists of a Council of Ministers Decree and 6 Lists, 6 Annexes, and 19 Communiqués attached to this Decree.
The 6 Lists attached to the Import Regime Decree indicate the rates of customs duties applied to the agricultural and industrial products on the basis of the country or country groups where the imports come from. These lists and products covered by them are as follows.
List I: Agricultural products
List II: Industrial products
List III: Processed agricultural products
List: IV: Fish and fishery products
List V: Industrial products whose customs duties are suspended in line with Council Regulation (EU) No 1344/2011 temporarily suspending the autonomous common customs duties on certain industrial and agricultural products and Regulations amending this Basic Legislation
List VI Goods used in civil aircraft eligible to relief from customs duties
The changes made by the Ministry of Customs and Trade on the tariff nomenclature and/or descriptions of the items have been reflected into all these Lists and Communiqués annexed to the Import Regime.
All the Lists can be reached at the following address:
Along with the Lists of products and Annexes associated with those Lists, the Import Communications are also important components of the Import Regime.
The Ministry of Economy regulates and monitors the imports of certain goods on grounds of public morality, public policy or public security; protection of health and life of humans, animals or plants or protection of industrial and commercial property; protection of environment; consumer rights as well as import policies in force. These grounds also include a number of international agreements and conventions to which Turkey is a Party.
To this end, within the context of the Turkish Import Regime, the Ministry introduces Import Communications in which the procedures and documentation required during the imports of certain goods are laid down.
2012 Import Regime includes 19 Import Communications, namely
2012/ 1 Communication on international fairs in Turkey
2012/ 2 Communication on imports of war weapons and parts thereof
2012/ 3 Communication on imports of radioactive substances and apparatus using such substances
2012/ 4 Communication on imports of high intensity sweeteners
2012/ 5 Communication on imports of maps and similar documents
2012/ 6 Communication on products which can only be imported with a guarantee certificate
2012/ 7 Communication on imports of motor vehicles
2012/ 8 Communication on imports of products used in civil air crafts
2012/ 9 Communication on imports of used or renovated goods
2012/10 Communication on imports of bank notes and similar commercial papers
2012/11 Communication on imports of some explosive substances, fire guns, knives and similar articles
2012/12 Communication on the registration of end-use certificates for dual-use goods and technologies
2012/13 Communication on imports of some products which affect workers’ health and work security
2012/14 Communication on imports of ozone depleting substances
2012/15 Communication on the surveillance of certain textile and apparel products
2012/16 Communication on imports of fertilizers
2012/17 Communication on imports of substances listed in the annexes to the Convention on the Control of Chemical Weapons
2012/18 Communication on products of which the customs duties will be suspended
2012/19 Communication on the generalized system of preferences
Trade Defence Policy

What are trade defence instruments?

One of the essential roles/missions/duties of the General Directorate of Imports is to defend domestic producers’ interests against imports which cause (serious) injury to the domestic industry. In this respect, General Directorate of Imports applies trade defence instruments (anti-dumping, anti-subsidy, anti-circumvention and safeguard) in compliance with WTO rules and national legislation, and follows up the enforcement of those measures.

Dumping and Subsidy:

A product is to be considered as being dumped, if its export price is less than the home consumption price in the exporting country (in other words less than the price at which a like product is sold for consumption in the exporting country).

Subsidy shall be deemed to exist if there is a direct or indirect financial contribution by the country of origin or export which confers a benefit or there is any form of income or price support.

Domestic producers or any natural or legal person or association acting on behalf of domestic industry, claiming that they are materially injured or that treat of material injury exists by reason of dumped or subsidized imports or that the establishment of an industry is materially retarded due to such imports, may take a written application to the Directorate General of Imports. The complaint shall include evidence of dumping or subsidy, injury and the casual link between dumped or subsidized imports and the alleged injury. Simple assertion, unsubstained by relevant evidence shall not be considered a complaint.

List of Definitive Anti-Dumping Measures

Safeguard measures:

In case of imports of a specific product in such increasing quantities and in a way to cause a serious injury or threat of a serious injury on the domestic industry that produces a like or directly competitive product, a safeguard measure, which is restricted to eliminate this injury or threat of injury, is applicable. For this purpose, the safeguard measure can be applied in the form of increase in customs duty rates of the product concerned, or a kind of quantity restriction as well as the combination of these two measures.

Safeguard Measures in Force

Anti Circumvention and Monitoring:

Within the framework of legislations regarding the “Prevention of Unfair Competition in Imports” and “Safeguard Measures in Imports”, the product under investigation is subject to “monitoring” beginning from the date the Communiqué about the initiation of the investigation entered into force.

Through the course of monitoring, if there is an evidence that a change in the pattern of trade between a third country and Turkey or the country subject to measures and Turkey or individual companies in the country subject to measures and Turkey, stemming from a practice, process or work for which there is insufficient due cause or economic justification, and that the remedial effects of the duty are being undermined or nullified via the recorded circumstances which are mentioned in Clause 3, Article 6 of the decision regarding the “Safeguard Measures in Imports” or by the initiation of an investigation within the framework of legislation regarding the “Prevention of Unfair Competition in Imports; exists, then the measure initiated might be collected retrospectively, beginning from the date of entry into force of the original measure.

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