Practice » Expiry Review Investigations
Anti-dumping measures are usually imposed for five years. They expire automatically, unless a review determines that if they were to expire, dumping and injury would probably continue or recur.
This “expiry review” is usually requested by producers in Turkey, in Turkish practice it can not be launched on the initiative of the Board on Evaluation of Unfair Trade Practices in Imports. The petition must include evidence that the expiry of measures would be likely to result in a continuation or recurrence of dumping and injury. This can be demonstrated by evidence that:
dumping and injury are continuing,
the removal of injury is only due to the measures in force,
further dumping and injury are likely if the measures are allowed to expire.
During the final year the measures are in force, Turkey publishes a Notice of Impending Expiry in the Official Journal stating that they will expire on a given date. If the domestic industry wishes to request a review, they must do so no later than three months before the date on which the measures are set to expire.
If a substantiated review request is received, the Commission publishes a Notice of Initiation and begins investigating whether dumping and injury are likely to continue or recur. Normally, expiry reviews are completed within 12 months, but they may take up to 18 months. If no review is requested, the measures will be terminated automatically on the expiry date.
An expiry review can result in removal of the measure, increase or decrease in the rate or amount of the duty or continuation of the duties at the same rate or amount in force. If measures are maintained, they will normally remain in force for another five years. Having no cooperation in the expiry review process being considered as non-cooperation and cause to increase of current dumping duty for non-cooperating companies in Turkish practice.
TRADE REMEDIES CONSULTING asissts exporters/producers to participate in the expiry review investigation process and achieve the best possible outcome as a result of this process by eliminating the measures in force or at least decerasing the current rate or amount of the measures.
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