Anti-Dumping Measures Which Are to Expire in 2023 and What Kind of Connotations This Might Have on Interested Parties
| International Trade
Anti-Dumping Measures Which Are to Expire in 2023 and What Kind of Connotations This Might Have on Interested Parties
Article by Ertuğrul Can Canbolat and Su Başak Satır
When we review the Turkish Ministry of Trade’s official website and considering the latest global developments regarding the international trade, we believe that 2023 is going to be a busy year. In this regard, it is of utmost interest to parties which have stakes in this area to closely monitor and anticipate which investigations may be initiated, so as to either apply for an expiry review or to prepare for them. This becomes especially significant when the amount of scrutiny and work these investigations require the interested parties to dedicate.
Under the Turkish legislation it is stipulated that a measure shall expire five years from its imposition or five years from the date of the conclusion of the most recent review. In case a producer would like to apply for an expiry review, such a request should be made no later than three months before the end of the five-year period. This request should be made in written form and contain sufficient evidence for the initiation of a review investigation. In this regard, the Ministry generally welcomes the applications of domestic producers. However, it should be born in mind that the applications which do not contain sufficient evidence may be rejected by the Ministry or the Ministry may ex officio initiate an expiry review investigation
Moreover, another noteworthy point is that in case the investigation is initiated, other interested parties are given thirty-seven days to submit their responses to the questionnaires and declare to become an interested party. However, due to the level of detail required by the Ministry concerning the data which needs to be submitted, the anticipation of the initiation of an investigation can allow the companies to prepare prior to the announcement of the initiation notice in the Official Gazette.
Accordingly, we would like to share the measures which were announced to expire in case an application for an expiry review is not made or an investigation is not ex officio initiated by the Ministry. In doing so, we included the Turkish Ministry of Trade’s evaluations concerning the last investigation in respect of each specific measure.
|
Product Name |
Country of Origin |
Expiry Date |
Evaluations as a Result of the Last Investigation |
|||
|
Cooperation by foreign producers/exporters |
Dumping |
Injury |
Measure |
|||
|
Porcelain and Ceramic Tableware and Kitchenware[1] |
China |
03.03.2023 |
Fifty-three producers
Sampling was adopted |
Non-market economy status of China
The Ministry calculated the dumping margins by comparing the normal value and weighted average of the export price |
Deteriorations in the economic indicators of the domestic industry
No price undercutting & price depression between 2% and 5% |
Public interest
Lesser duty rule
8% of the CIF value |
|
Air conditioners[2] |
China |
08.03.2023 |
Two producers |
The Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigation |
Domestic industry lost market share
Price undercutting of X%, 4X%, 10X% respectively in 2014, 2015, 2016 & price depression of X%, 3X%, 8X% respectively in the same years |
Measure remained unchanged: 25% of the CIF value |
|
Unbleached Kraft Liner Paper[3] |
Brazil Finland Poland Russia |
04.19.2023 |
One Brazilian producer
One Finnish producer
One Polish producer
One Russian producer |
The Ministry calculated the dumping margins by comparing the normal value and weighted average of the export price |
Prospective analysis of injury
Price undercutting in the first half of 2016: for Finland 1X.X%, for Russia X.X%, for Brazil X.X%
Price undercutting in 2016: for Finland 1X.X%, for Russia X.X%, for Brazil X.X%, for Poland X% |
Lesser duty rule was applied
Measures between 5% and 11.34% of the CIF value depending on the country and cooperation |
|
Polyester synthetic staple[4] |
Indonesia Korea |
20.04.2023 |
Three producers |
The Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigation |
Korea: No price undercutting & depression
Indonesia: Price undercutting of 3X%, X% respectively in 2014, 2015, and no price undercutting in 2016 & price depression of 1X% in 2014, and no price depression in 2015, 2016
|
Measures remained unchanged: 6.2% of the CIF value for Korea and 6.2% of the CIF value for cooperating company and 12% of the CIF value for the others for Indonesia |
|
Pipe fittings[5] |
Bulgaria Indonesia India Thailand Brazil China |
21.04.2023 |
Three producers |
The Ministry did not calculate a new dumping margin. Instead, it focused on the export capacity and global export prices of the concerned countries as well as the level of measures established in the original investigation |
Although there are improvements in the economic indicators of the domestic industry this is due to the measures in place
Price undercutting between X% and %XX in 2016 (except Brazil) |
Measures remained unchanged: ranging between 147 and 800 USD ton depending on the country and cooperation |
|
Plywood[6] |
China |
22.05.2023 |
None |
The Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigation. |
Certain improvements but also deteriorations in the economic indicators of the domestic industry
No price undercutting & depression
|
Due to the additional customs duties imposed the measure was lowered: 140 USD/m3 |
|
Granites[7] |
China |
24.05.2023 |
None |
The Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigation as well as the developments in the domestic market |
Deteriorations in the economic indicators of the domestic industry
Price undercutting of 1X% & price depression of X% in 2015
No price undercutting & depression in 2014 and 2016 |
Measure remained unchanged: 174 USD/Ton |
|
Lighters[8] |
China |
19.06.2023 |
None |
The Ministry calculated the dumping margins by comparing the normal value and weighted average of the export price |
Certain positive factors but also deteriorations in the economic indicators of the domestic industry
No price undercutting & price depression of 3X%. |
24.55% of the CIF value |
|
Refractory bricks of chromite, magnesite or chrome magnesite[9] |
China |
05.09.2023 |
None |
The Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigation |
Improvements in the economic indicators of the domestic industry
No price undercutting & price depression between 0% and 10% in 2017. |
Measure remained unchanged: 145 USD/Ton |
|
Vulcanised rubber thread and cord[10]
|
Thailand |
08.09.2023 |
Three producers |
The Ministry did not calculate a new dumping margin. Instead, it focused on the export capacity and global export prices of Thailand as well as the level of measures established in the original investigation |
Although there were improvements in the economic indicators of the domestic industry this is due to the measures in place
Price undercutting between 5% and 10% in 2017 |
Measures remained unchanged: 4.37% of the CIF value for the cooperating company and 8.75% of the CIF value for the others |
|
Polyester textured yarn[11] |
India Taiwan |
08.09.2023 |
Nine producers |
The Ministry did not calculate a new dumping margin. Instead, it focused on the export capacity and global export prices of the concerned countries as well as the level of measures established in the original investigation |
Deteriorations in the economic indicators of the domestic industry
Price undercutting between 40% and 50% in 2016 |
Measures remained unchanged: (i) between 6.8% and 20.3% of the CIF value for India, (ii) between 9.9% and 28.6% of the CIF value for Taiwan |
|
V-belts[12] |
China India Vietnam |
16.10.2023 |
None |
The Ministry did not calculate a new dumping margin. Instead, it focused on the export capacity and global export prices of China as well as the level of measures established in the original investigation |
No price undercutting & depression |
Public interest
Lesser duty rule was applied
The measure was lowered to 3.15 USD/Kg for all countries |
|
Polyester synthetic staple[13] |
China |
20.10.2023 |
None |
The Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigation |
Improvements in the economic indicators of the domestic industry
Price undercutting & price depression 1X% in 2017 |
Measure remained the same: 0.21 USD/Kg |
|
Cored Wire of Base Metal [14] |
Vietnam |
27.10.2023 |
One producer |
Non-market economy status of Vietnam
The Ministry calculated a dumping margin by comparing the normal value and weighted average of the export price |
Price undercutting between 0% and 9% & price depression between 20% and 29% in 2017 |
Public interest
Lesser duty rule was applied
21.15 of the CIF value for the cooperating company and 29.65 of the CIF value for the others |
|
Woven Fabrics of Synthetic and Artificial Stable Fibers[15]
|
China |
31.12.2023 |
None |
The Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigation |
Improvements in certain economic indicators of the domestic industry
Price undercutting & price depression between 20% and 29% in 2017 |
Lesser duty rule was applied
The measures were lowered to 44% of the CIF value from 87% of the CIF value |
|
Welded Stainless Steel Tubes, Pipes & Profiles[16] |
China, Taiwan |
31.12.2023 |
One Chinese producer
Three Taiwanese producers |
The Ministry did not calculate a new dumping margin. Instead, it focused on the dumping margin established in the original investigation |
Deteriorations in the economic indicators of the domestic industry
China: No price undercutting & price depression ranging between 1% and 9% in 2017
Taiwan: Price undercutting ranging between 1% and 9% & price depression ranging between 10% and 19% in 2017 |
Lesser duty rule was applied
The measures were lowered as ranging between 7.98% and 20.50% of the CIF value from ranging between 7.98% and 25.27% of the CIF value |
|
Polystyrene[17] |
Iran |
31.12.2023 |
Seven producers |
The Ministry calculated the dumping margins by comparing the normal value and weighted average of the export price |
Deteriorations in the economic indicators of the domestic industry
No price undercutting & price depression between 0% and 9% in 2017 |
Public interest
Lesser duty rule was applied
11.3% of the CIF value |
Within this scope, it should also be stated that although last year in 2022 nine measures were to expire, with regard to seven of them an expiry review investigation was initiated. This demonstrates that expiry review investigations are accepted as a general mean to remedy trade distortions and hence, they are frequently used by both the domestic industry and the Turkish Ministry of Trade. Accordingly, the interested parties are recommended to closely follow the updates regarding these issues not to face any forfeiture.
Previously published by Lexology on January 12, 2023
[1] Classified under the CN Codes 6911.10.00.00.11, 6911.10.00.00.12, 6911.10.00.00.19, 6912.00.21.00.00, 6912.00.23.00.00, 6912.00.25.00.11, 6912.00.25.00.12, 6912.00.25.00.19, 6912.00.29.00.00.
[2] Classified under the CN Codes 8415.10.90.00.00, 8415.90.00.90.11, 8415.90.00.90.12.
[3] Classified under the CN Codes 4804.11.11.10.00, 4804.11.15.10.00, 4804.11.90.10.11, 4804.11.90.10.12.
[4] Classified under the CN Code 5503.20.00.00.00.
[5] Classified under the CN Code 7307.19.
[6] Classified under the CN Codes 4412.10, 4412.31, 4412.32, 4412.39.
[7] Classified under the CN Codes 6802.23, 6802.93.
[8] Classified under the CN Code 9613.80.00.00.11.
[9] Classified under the CN Codes 6902.10.00.10.11, 6902.10.00.10.12, 6902.10.00.10.13, 6815.91.
[10] Classified under the CN Code 4007.00.
[11] Classified under the CN Code 5402.33.
[12] Classified under the CN Codes 4010.32.00.00.00, 4010.34.00.00.00, 4010.39.00.00.00.
[13] Classified under the CN Code 5503.20.00.00.00.
[14] Classified under the CN Code 8311.20.00.00.00.
[15] Classified under the CN Codes: 55.13, 55.14, 55.15, 55.16.
[16] Classified under the CN Codes 7306.40.20.90.00 7306.40.80.90.00 7306.61.10.00.00.
[17] Classified under the CN Code 3903.19.00.00.00.
