News
A NEW HOPE FOR TURKISH TROUT EXPORTERS
Trade Remedies Consulting LLP. achieved initiation of partial interim review of the countervailing measures applicable to imports of "certain rainbow trout" originating in Turkey. The European Commission accepted that there is sufficient prima facie evidence that the circumstances with regard to subsidization have changed significantly and are of a lasting nature and, therefore, the measures should be reviewed. European Union is the largest export market of Turkey. Turkey has more than 90 million Euro export sales of trout in 2016 to the EU. The countervailing duty currently in force was imposed on the 26th of February, 2015 and the duty is in the range of 6,7-9,5% of CIF value and is expected to decrease to 2-4% at the end of this partial interim review investigation process.
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Turkey Initiated AD Investigation on Solar Panel Against China

Turkey initiated an anti-dumping investigation on “solar panel” originating in China by the Communique on "Prevention of Unfair Import Practices in Imports” numbered 2016/29 published in the Official Journal of Turkey dated 1 July 2016.

China is the main supplier of “solar panel” to Turkey and has great stake in Turkish market.  In terms of 2015 data, Turkish total imports in 2015 is 360 million USD. and China gets 82% of this pie with 296 million USD.

In terms of the statistics regarding first 5 months of 2016 China has 543 million USD imports. The soar in imports of China according to first 5 months of 2016 is significant. It clearly shows the greedy level and outstanding growth potential of the Turkish market.   

China is the most targeted country of Turkey. Currently 58 out of 154 measures of Turkey are against China. But, it is the biggest case initiated against China until today.  

It seems that the “solar panel war" witnessed in recent years among the developed countries EU, US, Canada and China is jumping to the developing countries which have newly established their own solar industry such as Turkey now.

However, Turkish domestic industry is not mature yet. It has no sufficient capacity to meet the demand of Turkey. In addition there is no “solar cell” producer in Turkey. The business environment and imposition of the anti-dumping measure against China most probably will trigger Chinese producers to make direct investment into Turkey. I think this would be a big opportunity not only for Chinese companies but also Turkish solar industry. Now, I believe that it is time to invest "solar business" in Turkey for Chinese companies without further delay.

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EU NOW HITS SEABASS AND SEABREAM
EU Commission initiated a subsidy investigation on "sea bass" and "sea bream" originating in Turkey.  After the big achievement in "rainbow trout" case, now Trade Remedies Consulting LLP. has been representing 3 out of 4 companies selected in sampling. Trade Remedies Consulting LLP. clearly distinguished itself from its competitiors in terms of its knowledge, experience and especially the best outcome delivered to its clients.    
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Safeguard Measure of Turkey on Cell Phones
Turkey initiated a safeguard investigation on "mobile phones" on the 5th of December 2014. Now Turkey seems ready to impose safeguard measure on mobile phones. Turkey has more than 2 billion USD imports of smart phones annually. Now the question is not to value added or impact of this measure on the so-called domestic industry. The question is what will be the duration and the rate or amount of this measure and whether the measure will be brought to the Dispute Settlement Mechanism in the WTO by the mostly injured countries like South Korea, China or Vietnam.
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The Biggest Fight of Turkey in Steel
Turkey initiated an anti-dumping investigation on "hot rolled coil steel" orignating in China, France, Ukraine, Slovakia, Romania, Japan and Russian Federation upon the petition of the domestic industry Ereğli Demir Çelik T.A.Ş., Tosçelik Profil ve Sac Endüstrisi A.Ş. ve Çolakoğlu Metalurji A.Ş. The petition was also supported by İskenderun Demir ve Çelik A.Ş. ile HABAŞ. 

The initiation Comunique was published in the Official Journal dated 28 January 2015. 

Turkey is one of the leading countries in implementing trade remedies instruments especially anti-dumping and safeguard measures. But it is clear that the scope of the investigated countries are very large and this is the largest anti-dumping investigation in terms of its scope and trade volume in Turkish history. 

However, there are serious concerns whether the domestic industry especially Ereğli Demir Çelik was injured from the alleged dumped imports. Ereğli Demir Çelik is one of the top gainers in Istanbul Stock Exchange in the last year with its increasing sales and profits.

Existence of injury on the domestic industry, existence of dumping and and existence of causal link between dumped imports and injury on the domestic industry are the essential conditions to impose anti-dumping measure. If one of the conditions is missing no measure can be imposed.      
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The Reasonable Fee - The Best Outcome
Trade Remedies Consulting LLP achieved the best outcome for its client Özpekler Group at the end of the countervailing duty investigation initiated by the European Commission on "rainbow trout" originating in Turkey in February, 2014. The Commission dropped anti-dumping investigation after finding insufficient evidence of dumping, but it proceeds with anti subsidy investigation. In the investigation process, Ternaeben is represented by a Brussels based law firm, Gümüşdoğa and Kılıç are also represented by a consulting company based in Istanbul.
 
Trout producers Gümüsdoğa faced 7.0 % on its imports, Kilic 9.7 %, Özpekler 7.1 %, Ternaeben 9.5 % and other cooperating companies 8.2 % provisional countervailing duty in October.  
 
Özpekler Group achieved to decrease its subsidy amount to 6.7% with its claims especially regarding miscalculation of subsidy amount on trout purchased from unrelated suppliers. This claim was accepted by the Commission and mostly affected subsidy amount of Ternaeben and weighted average margin for cooperating companies. As a result of this claim Ternaeben subsidy amount decreased from 9.5 % to 8.0% and other cooperating companies subsidy amount decreased from 8.2% to 7.6 %.
 
The subsidy margin of other producers are as follows: Gümüşdoğa 6.9%, Kılıç 9.5%.

In this respect, Trade Remedies Consulting not only achieved to decrease subsidy amount for its client Özpekler Group but also achieved to decrease the subsidy amount for cooperating companies not selected in sampling significantly.   
 
Now the question is whether European producers of “seabass and breams” will follow the same procedure as trout producers did and submit a petition against Turkey. We will see it in a short time.  
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US Cotton Under Fire By Turkey
Turkey initiated an anti-dumping investigation on "upland cotton" originating in the US. The initiation communique was published on 18th October, 2014 in the Official Journal. The investigation initiated without petition of the domestic industry but "ex-officio". This is the first anti-dumping investigation initiated "ex-officio" by Turkish authorities.

It is a question mark why Turkish authorities initiated an anti-dumping investigation rather than countervailing duty investigation. It is the well known fact that US subsidized its cotton producers remarkably. Recently, the U.S. and Brazil reached a $300 million agreement to resolve a dispute over cotton subsidies that has bedeviled the two nations for more than a decade.  US preferred to pay $300 million to Brazil rather than removal of the countervailable subsidies. 

It is the fact that US is the main supplier of cotton to the world and to Turkey. More than 50% of Turkish demand is met by US cotton. We will see whether the outcome of this investigation will adversely affect Turkish textile industry.     
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Turkey Initiated AD Investigation on BOPP Film
Upon the petition of Süper Film Ambalaj Sanayi ve Tic.A.Ş. and Polinas Plastik Sanayi ve Tic. A.Ş. on behalf of the domestic industry Turkey initiated an anti-dumping investigation on BOPP Film originating in China, Egypt, India and Saudi Arabia. The initiation communique was published in the Official Journal dated 15 October, 2014. The petition was also endorsed by other domestic producer Polibak Plastik Sanayi ve Tic.A.Ş. The domestic industry claimed that serious increase in imports originating in the investigated countries in recent years caused material injury on the domestic industry.  

The imports originating the investigated countries increased between 2011-2013 are as follows.
  • Imports from China increased 53% from 6.553 tons to 10.050 tons
  • Imports from India increased 165% from 1.636 tons to 4.334 tons
  • Imports from Egypt increased 93% from 2.348 tons to 4.529 tons
  • Imports from Saudi Arabia increased 223% from 1.357 tons to 4.389 tons

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ITC Does Not Allow AD&CVD Investigation for Turkish Steel Nails

The United States International Trade Commission (USITC) made its determinations in the preliminary phase of its antidumping and countervailing duty investigations concerning certain steel nails from India, Korea, Malaysia, Oman, Taiwan, Turkey, and Vietnam.

The Commission determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of certain steel nails from Korea, Malaysia, Oman, Taiwan, and Vietnam that are allegedly subsidized and sold in the United States at less than fair value.


As a success of Trade Remedies Consulting the Commission further determined that imports of these products from Turkey and India are negligible. Imports are generally deemed "negligible" if they amounted to less than 3 percent (4 percent in the case of imports from India, a developing country) of all such merchandise imported into the United States within the most recent 12-month period for which data are available preceding the filing of the petition.


Currently, anti-dumping measures are in force for China and UAE and AD and CVD investigation were initiated against Korea, Malaysia, Oman, Taiwan and Vietnam . As a result of this fact, US market is open for Turkey and India. It is a big opportunity for Turkish producers/exporters to penetrate US market.   
 

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Who is Next? Thailand or Malaysia?

The Philippines will impose higher tariffs on Turkish wheat flour in the next four months after Manila discovered that Ankara was shipping the product here at artificially low prices.

In an order, Agriculture Secretary Proceso Alcala said the anti-dumping duty, which would be on top of the seven percent tariff imposed on Turkish flour, would amount to the following:

- 35 percent on hard flour for bread;

- 39.26 percent on biscuit flour; and

- 35.21 percent on soft flour for pastries and cookies.

“After a thorough examination of the evidence, data and other comment/positions by interested parties, the preliminary investigation has established the existence of a threat of material injury to the local industry caused by the importation of alleged dumped wheat flour from Turkey,” Alcala said.

The Philippine Association of Flour Millers (PAFMIL) sought the anti-dumping duty as early as May last year. The local industry had complained that Ankara was exporting its flour at prices lower than what was prevailing in Turkey.

According to the Department of Agriculture (DA), the price of flour in Turkey stood at $10.37 per metric ton, way below the $138.97 export price.

The DA also noted a surge in imports from 6.12 percent in 2010 to 11.79 percent two years later, of which 9.44 percent came from Turkey.

Under Republic Act 8752, or the Anti-Dumping Act, the Philippine government can impose a provisional duty while it investigates any claim of such uncompetitive trading practice. The Tariff Commission is tasked with investigating the matter and coming up with a final ruling on the existence of anti-dumping.

PAFMIL executive director Ricardo Pinca said the DA decision is “pro-Filipino, pro-fair trade and pro-Philippine labor."

“The Philippine wheat flour milling industry has been on the receiving end of unfair trade from Turkey with its cheap subsidized flour being dumped at much lower prices here,” Pinca said.

“With the government seeing the truth of dumping behind the veneer of very strong Turkish lobby, the Philippine industry can at last breath a little, to say the least,” he added.

The Philippine move to impose an anti-dumping duty comes more than a year after Indonesia ruled the same and slapped a 20-percent safeguard tariff on Turkish flour.

The price of flour in Turkey stood at $470 per metric ton in 2012, but exports were priced lower, as follows:

- $351 in Indonesia;

- $367 in Malaysia;

- $349 in the Philippines;

- $407 in Singapore;

- $400 in Thailand; and

- $337 in Vietnam.

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EU Will Hit to Turkish Aquaculture Industry

European Commission initiated anti-dumping and anti-subsidy investigation on rainbow trout originating in Turkey on the 15th of January, 2014 upon the petition of Danish Aquaculture Association.

Rainbow trout , whose name refers to the many rainbow-coloured spots on its skin, is the leading freshwater cultured species in Europe. Native to the Pacific coastal area in the United States, it was introduced into Europe at the end of the 19th century. Its hardiness and fast growth quickly proved particularly well adapted to aquaculture. Rainbow trout are farmed today in nearly all European countries, especially in coastal countries with a temperate climate.

The main producers of rainbow trout are Italy, France, Denmark, Spain and Germany in the European Union. Turkey is one of the leading exporters of rainbow trout in the world with Norway, Chile, Iran and USA. EU is the main export market of Turkish producers of rainbow trout. If the measure is imposed as a result of that investigation, the producers of rainbow troat will be adversely affected.

Non-conclusion of Fisheries Subsides Negotiations in the Doha Round also has a crucial impact in the initiation of the investigation and consideration of all subsides to aquaculture industry as specific and thus countervailable subsidies.    

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Turkey Initiated AD Inv. on Laminate Flooring Originating in Germany
Turkey initiated an anti-dumping investigation on "laminate flooring" against Germany. The initiation communique was published in the Official Journal dated 18 December, 2013 and numbered 28855. Germany is ranked number 2 in the world trade export on laminate flooring following China. Turkey imposed anti-dumping measure on laminate flooring originating in China on 30th July, 2008 between the range 1,60-2,40 USD/Kg. Now with the investigation, Turkey targets the second biggest producer and exporter of the world. However, most of the laminate flooring producers in Germany have also facilities in other parts of Europe such as Switzerland, Poland, Bulgaria etc. If the measure is imposed against laminate flooring originating in Germany as a result of this investigation those producers may easily shift their expors to Turkish market to other countries. In this respect, the effectiveness of the measure is questionable even at the initiation stage of the investigation. Having no rule regarding multinational or international companies in the Anti-Dumping Agreement might be considered as a gap undermining the effectiveness of the measure against those multinational companies.  
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Turkey Initiated AD Inv. on Aluminum Foil Originating in China
Turkey initiated an anti-dumping investigation on aluminum foil originating in China. The initiation Communique was published in the Official Journal of Turkey dated 21 December 2013 and numbered 28858. EU imposed definitive anti-dumping duty on aluminum foil originating in Armenia, Brazil and China on 24th September, 2009. This investigation will be a new stroke for Chinese aluminum industry. It is a question whether Chinese industry will cooperate with Turkish investigating authority. Until today, Turkey has not granted market economy status to any cooperating company in China.   
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Turkey Initiated Expiry Review Investigation on Polyester Textured Yarn
Turkey Initiated Expiry Review Investigation on "Polyester Textured Yarn" originating in China, Indonesia, Malaysia and Thailand,
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Turkey Initiated Expiry Review Investigation on Oriented Strand Board
Turkey initiated expiry review investigation on "oriented strand board (OSB)" originating in the USA and Canada upon the petition of the domestic industry. The initiation Communique was published in the Official Journal of Turkey dated 13 December 2013. The anti-dumping measure currently in force for the US exporers/producers is 24,10% of CIF value and for the Canadian exporters/producers is 14,93% of CIF value. In 2008, the export volume of those countries to Turkey is above 13 million USD, after imposition of the measures both of the countries have disappeared in the Turkish market. Neither US nor Canada have export sales to Turkey in 2013.  However, Turkish market has increased significantly between 2008 and 2013. The total imports of Turkey increased from 29 million in 2008 to nearly 50 million USD in 2013.

In the original investigation none of exporters/producers from the US or Canada cooperated with the Turkish investigating authority. It is questionable whether they cooperate in the expiry review investigation or disregard growing Turkish market in line with Turkish construction industry to their competitors in Bulgaria and Romania in the next decade.    
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