Recent Developments on Dumping Investigation and Measures
The Communiqué on Prevention of Unfair Competition in Imports numbered 2024/4 ("Communiqué No. 2024/4") and the Communiqué on Prevention of Unfair Competition in Imports numbered 2024/6 ("Communiqué No. 2024/6") announced by the Ministry of Trade entered into force after being published in the Official Gazette dated February 01, 2024 and numbered 32447.
As per the Communiqué No. 2024/4, based on the application filed by domestic producers Polibak Plastik Film Sanayi ve Ticaret A.Ş., Polinas Plastik Sanayii ve Ticaret A.Ş. and Süperfilm Ambalaj Sanayi ve Ticaret A.Ş. and supported by Polilux Plastik Film Sanayi ve Ticaret A.Ş., a dumping investigation was initiated for the bidirectional polypropylene film (BOPP film) product defined as "Others" goods classified under the customs tariff statistics position 3920.20.21.00.19 originating from the People's Republic of China ("PRC"), the Arab Republic of Egypt ("Egypt") and the Russian Federation, and the rules and procedures of this investigation were determined. As a result of the examination, a dumping investigation was decided to be initiated considering that there was a deterioration in the basic economic indicators such as production, domestic sales amount, stock amount, product cash flow, capacity utilization rate and market share of the product subject to the investigation, and that the unit profitability from domestic sales decreased significantly in the period 1/7/2022-30/6/2023. In addition, it has been evaluated that the applicant countries have an important position in the global market in terms of production and export capability and that the imports originating from the PRC, Egypt and Russia, which are alleged to be dumped, cause material damage or threat to the economic indicators of the domestic production branch. The investigation is deemed to have initiated on the publication date of this Communiqué.
On the other hand, Communiqué No. 2024/6 covers the announcement of the current anti-dumping measure, which was imposed on the product of the type 5503.20.00.00.00 Synthetic non-staple fibers from polyesters (not carded, combed or otherwise prepared for yarn production) originating in India, the Kingdom of Thailand, Chinese Taiwan in 2019 and will expire in the second half of 2024.
Under the Regulation on Prevention of Unfair Competition in Imports ("Regulation"), definitive measures expire 5 years after their effective date or from the date of the conclusion of the most recent review investigation, which includes both a dumping or subsidy investigation and a damage investigation. Accordingly, the anti-dumping measures will expire on August 4, 2024, unless a final review investigation is initiated in accordance with the Regulation. In accordance with the Regulation, before the expiry of this period, the relevant domestic producer or producers of the products, or real or legal persons or organizations certifying that they act on behalf of the domestic production branch, have the right to apply for the opening of a final review investigation with the claim that the expiry of the measure on the relevant product will lead to the continuation or re-occurrence of dumping and damage, if they support their application with sufficient evidence. If the application is deemed valid, a "final review investigation" shall be initiated and the anti-dumping measure in force shall remain in force until the conclusion of the final review investigation.