In essence, circumvention is any activity designed to avoid the payment of anti-dumping or countervailing duties imposed on a particular product manufactured in and/or exported from third countries.
These practices can best be understood through examples:
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slightly modifying a product so that it can be classified under a combined nomenclature (CN) code that is not subject to duties,
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falsely declaring that a product originated in a country not subject to duties,
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exporting through a producer with a lower duty rate,
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exporting a product in parts and having it assembled in Turkey, where the parts are not subject to duties,
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certain assembly operations made in third countries.
For a practice to qualify as circumvention, there must also be evidence that:
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Turkish industry is being harmed or the duty’s effects are being undermined in terms of prices and/or quantities of the product in question, and
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there is evidence that the imported product is being dumped, or
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evidence that the imported product and/or parts thereof still benefit from the subsidy.
Turkey is the leading country in the world in applying anti-circumvention measures. Anti-circumvention measures of Turkey mainly base on trade practices such as misleading customs declarations of origin or misleading declaration of exporters/producers. In Turkey’s practice, if circumvention is determined the highest anti-dumping margin applied in the original anti-dumping investigation will be imposed for those exporters/producers. The measure will be in force in line with the original measure. In addition to this, no expiry review investigation is initiated for anti-circumvention practices.
In this regard, it is crucial for exporters/producers not being subject to anti-circumvention measures.
TRADE REMEDIES CONSULTING assists exporters/producers in anti-circumvention investigations by filling out the complex and complicated questionnaires and assisting exporters/producers before the verifications and during the verifications conducted by Turkish investigating authority.