The Turkish Import Regime of 2012
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.
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.
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.
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.