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Announcement on the Communiqué on Prevention of Unfair Competition in Imports (2023/24)

Corporate and Commercial Law - 18-09-2023

"Communiqué on Prevention of Unfair Competition in Imports" (the "Communiqué")  has been published in the Official Gazette dated 2 September 2023 and numbered 32297 by the Ministry of Trade (the "Ministry").

 

The Communiqué regulates the procedures and principles regarding the investigation by opening of a final review investigation (the "FRI") regarding the definitive measure against dumping in force for the products subject to the investigation registered the customs tariff statistical heading 6902.10.00.10.11 originating in the People's Republic of China (the "PRC"), based on the domestic producer's application.

 

Relevant Communiqué was issued on the basis of the Regulation on Prevention of Unfair Competition in Imports (the "Regulation"), and in general, it has opened the way for FRI for firebricks originating from the PRC.

 

With the new regulation, it was reported that the existing measure on products originating from the PRC will be abolished as per the Communiqué on Prevention of Unfair Competition in Imports (Communiqué No: 2023/6) and the domestic producer of the relevant products may request the opening of FRI by filing an application supported by sufficient evidence within the periods stipulated in the legislation. If the requirements are ensured, it has been decided to open a FRI for the product subject to the measure originating in the PRC with the Decision of the Board of Assessment of Unfair Competition in Imports.

 

During the FRI, exporters, foreign producers, importers of the products subject to the investigation, professional organisations with a majority of members consisting of these, the government of the exporting country, producers of similar goods in Turkey, professional organisations with a majority of members consisting of producers of similar goods in Turkey were accepted as parties to the investigation.

 

The competent authority for the conduct of the investigation is the Ministry of Trade, General Directorate of Imports, Dumping and Subsidy Department.

 

Additionally, within the scope of the Communiqué, the processes and periods for receiving the questions and answers of the relevant parties regarding the products subject to the investigation are discussed in detail, and the issues regarding the consequences of the investigation in case the parties do not comply with these periods and procedures are regulated.

 

The Communiqué has entered into force on the date of its publication, effective as of 2 September 2023, and you may find the detailed provisions of the Communiqué in the Official Gazette.