RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/AHG/W/54
18 September 1998
(98-3590)
Committee on Anti-Dumping Practices
Ad-Hoc Group on ImplementationOriginal:  English
TOPIC 4*  - ARTICLE 5.6:  SPECIAL CIRCUMSTANCES
TOPIC 5* - ARTICLE 5.5:  NOTIFICATIO N TO THE EXPORTING MEMBERS
TOPIC 8* - ARTICLE 12:  PUBLIC NOTICES
TOPIC 9* - PROVISIONAL MEASURES
Paper by Turkey
The following communication, dated 15 September 1998, has been received from the
Permanent Mission of Turkey.
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TOPIC 4 – SPECIAL CIRCUMSTANCES
Turkey has not so far initiated any investigation pursuant to Article 5.6 of the Anti-Dumping
Agreement.
However, the Turkish investigating authorities'  view on the subject-matter is that an anti-
dumping investigation under the cited Article may be commenced ex officio  in cases where the firms
in the domestic industry fail to cooperate because of severe competition among them, the fear ofrevealing their business strategies in the course of the investigation or where an application may not
be made on behalf of the industry because of the absence of a business association in the relevant
industry to organize the application procedure or where the domestic industry is segmented.
TOPIC 5 – NOTIFICATION OF THE EXPORTING MEMBER
As is already stated in our previous paper reproduced in the document numbered
G/ADP/AHG/W/35:
"Within the context of Article 5.5 of the Anti-Dumping Agreement, Turkey notifies
the government of the exporting Member only once after receipt of a properly
documented application and before proceeding to initiate an investigation."
In the Turkish practice, the notification required under Article 5.5 of the Agreement is
generally made to the representative of the exporting Member located in Turkey and contains the
following:
- countries where dumped imports originate;
- product concerned.
                                                     
* See document G/ADP/W/401 for descriptions of the topics.G/ADP/AHG/W/54
Page 2
However, despite not being our practice, attaching the names of exporters and producers
under consideration in the notification concerned may be beneficial to the government of the
exporting member.  Furthermore, in our view, the said government may be conferred upon the right to
be informed of its country's exporters and producers under consideration.
The contact point in Turkey for Article 5.5 notification purposes is the Undersecretariat for
Foreign Trade, Directorate General for Exports.  The address that should be used is as follows:
DIŞ TICARET MÜSTE ŞARLIĞI
THRACAT GENEL MÜDÜRLÜ ĞÜ
(Undersecretariat for Foreign Trade
Directorate General for Exports)Inönü Bulvari, 06510 – Emek
Ankara, Turkey
Fax:  90 312 212 88 81 or 212 59 05
TOPIC 8 – PUBLIC NOTICES
The internet address of the Turkish investigating authorities web-site is
http://www.foreigntrade.gov.tr.
According to the Turkish Legislation, public notices are published in the Official Gazette as a
communiqué.
There have been three types of public notices published in accordance with Article 12 of the
Anti-Dumping Agreement in the course of the Turkish anti-dumping practice so far:
(i) The notice of initiation of an investigation, published in the Official Gazette, includes
information on the following:
• complaint and identity of the complainant;
• definition and customs classification of the product subject to investigation;
• allegations of the complainant regarding dumping;
• allegations of the complainant regarding injury;
• information concerning the questionnaires to be sent to the interested parties,
procedures to be followed by the other interested parties alleging that they can be
affected by the results of the investigation, time limits within which responses tothe questionnaires and written views to the investigating authorities are to be
received;
• facts that constitute non-cooperation and consequences thereof;
• selection of an analogue market economy country for purposes of determining the
normal value of the product in question where the exporting country does not
have a market economy;
• identity and address of the investigating authority;G/ADP/AHG/W/54
Page 3
• date of initiation of the investigation, entry into force and execution of the
Communiqué in which the public notice is embodied.
(ii) With regard to review investigations, the notice of initiation includes information on
the following:
• request for review and identity of the applicant;
• definition and customs classification of the product subject to review
investigation;
• grounds for review;
• scope of review, such as review of dumpi ng, review of injury or review of both
dumping and injury;
• information concerning the questionnaires to be sent to the interested parties,
procedures to be followed by the other interested parties alleging that they can beaffected by the results of the investigation, time limits within which responses to
the questionnaires and written views to the investigating authorities are to bereceived;
• facts that constitute non-cooperation and consequences thereof;
• selection of an analogue market economy country for purposes of determining the
normal value of the product in question where the exporting country does not
have a market economy;
• identity and address of the investigating authority;
• date of initiation of the investigation, entry into force and execution of the
Communiqué in which the public notice is embodied.
(iii) The notice of conclusion of an investigation (including review investigations)
contains the following items:
• reference to the initiation of the investigation;
• summary of what has been done in the course of the investigation;
• names of the cooperating domestic producers and importers, and foreign
exporters and producers;
• period of investigation for both dumping and injury determinations;
• product subject to investigation;
• like product;G/ADP/AHG/W/54
Page 4
• following determinations concerning dumping:
- normal value;
- export price;
- the relevant adjustments made in order to bring the normal value and
the export price to the same level of trade;
- comparison of the normal value with the export price;
- dumping margin;
• definition of the domestic industry
• following determinations concerning injury:
- domestic consumption;
- trend of imports in general and imports originating in the country or
countries subject to investigation and the related market shares;
- price undercutting;
- situation of the domestic industry, including the volume of domestic
production, production capacity and capacity utilization rate, volume
of domestic sales, market share, stocks, employment andprofitability;
- evaluation of the facts stated above.
• causal link between dumped imports and injury to the domestic industry;
• final decision;
• entry into force and execution of the Communiqué in which the public notice is
embodied.
TOPIC 9 – CONTENTS OF PRELIMINARY AFFIRMATIVE DETERMINATIONS
The cases where provisional measures may be applied are stated in the Anti-Dumping
Agreement, Article 7.1.  Article 12.2 further mentions that a public notice shall be given of any
preliminary determinations, affirmative or negative.  Moreover, Article 12.2.1 contains an outline of
the items to be included in such a notice.
In light of the above-mentioned provisions of the Agreement, the opinion of the Turkish anti-
dumping authorities is that the notice concerning preliminary determinations should be as detailed as
the notice for the imposition of definitive measures.
The facts giving rise to the preliminary determinations shall establish the basis for the
decision on the imposition of the provisional duties.  Therefore, these facts should be explained in adetailed manner so as to verify the decision taken based on these facts.
As in the case of the imposition of definitive anti-dumping duties, evidence relating to
dumping, injury and the causal link between dumping and injury should be shown for the preliminary
determinations regarding the imposition of the provisional duties as well.
Furthermore, the Turkish authorities consider it necessary to impose provisional measures in
cases where the domestic industry will be subjected to material injury or threat of material injury or
the establishment of an industry will be materially retarded unless a provisional measure has beenG/ADP/AHG/W/54
Page 5
taken against dumped imports in the course of the investigation.  On the other hand, the application of
the "lesser duty rule" should be taken into consider ation at this stage of the investigation in order to
minimize the possible negative effects of provisional measures on trade.  Additionally, possible
consequences of final measures on different sectors of the industry, such as upstream and downstream
users, importers and producers of the product subject to investigation, may be foreseen by way ofprovisional measures and the amount or rate of final measures may be adjusted accordingly.
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