. /.   WORLD TRADE  
ORGANIZATION  G/ADP/Q2/TUR/1 
20 May 2009 
 (09-2478) 
Committee on Anti-Dumping Practices Original:   English 
  
 
TURKEY'S FINAL DUMPING DETERMINATION AGAINST SPUN YARNS  
MADE OUT OF MAN-MADE FIBRE FROM INDIA 
 
Questions from INDIA to TURKEY
 
 
 
 The following communication, dated 18 May 2009, is being circulated at the request of the Delegation of India.  
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  In the context of the final dumping determin ation of the Turkish authorities against Spun 
Yarns made out of man-made fibre from India [2009/ 1 dated 12 January 2009], India would like to 
seek following clarifications/information:    Question 1 
 
 Does Turkey believe that any investigation on anti-dumping can address the issues of subsidy 
schemes without following the disciplines of the Agreement on Subsidies & Countervailing Measures 
(ASCM)?  If yes, the specific provision in the Anti-dumping Agreement which permits such 
treatment?    Question 2  
 
 Under which provision of the Anti-dumping Agreement, does Turkey consider that it can treat any tax neutralization scheme as a subsidy sch eme without following the procedures of ASCM?   
 
Question 3  
 
Can Turkey show how and where it has consider ed the duty Drawback and Excise Rebate as a 
subsidy scheme under the ASCM?   
 
Question 4  
 
Can Turkey show the legal provision under the Anti-dumping Agreement where it is 
necessary for the exporter to demonstrate a direct  transaction-wise link between the claimed amounts 
and the expenses claimed to have been incurred for the inputs used for production and sales for 
claiming an adjustment under Article 2.4 of the Anti-dumping Agreement?   G/ADP/Q2/TUR/1 
Page 2  
 
  Question 5  
 
Can Turkey specifically point out to the form at or the document which was addressed to the 
cooperating exporters wherein details of the direct  transaction-wise link between the claimed amounts 
and the expenses claimed to have been incurred for the inputs used for production and sales for 
claiming an adjustment under Article 2.4 of th e Anti-dumping Agreement, were asked for?   
 
Question 6  
 
Can Turkey demonstrate where during the proceed ings it has fulfilled its obligations under the 
last sentence of Article 2.4 which requires that "The  authorities shall indicate to the parties in question 
what information is necessary to ensure a fair  comparison and shall not impose an unreasonable 
burden of proof on those Parties"?    Question 7  
 
What is the procedure followed by Turkey to a llow adjustment claimed by an exporter, within 
the meaning of Article 2.4, in respect of "duty reba te", "duty drawback", central excise rebate or any 
other duty neutralization availed from the export price or normal value for calculating the dumping 
margin?    Question 8  
 
Can Turkey demonstrate the provision under which it is permitted to take only the profitable 
sales into account for determining the reasonable level of profit under Article 2.2.2 of the Anti-
dumping Agreement for the purpose of  constructed normal value?   
 
Question 9  
  Under which provision of the Anti-dumping Agreem ent, can the concept of "ordinary course 
of trade" from Article 2.2.1 read with footnote 5 be borrowed for the purpose of Article 2.2.2?     
 
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