WORLD TRADE  
ORGANIZATION  G/ADP/Q1/TUR/7 
G/SCM/Q1/TUR/7 31 May 2007 
 
(07-2228) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Responses to Questions Posed by China
1  
Regarding the Notification of Turkey2 
   The following communication, dated 23 May 2007, is being circulated at the request of the 
Delegation of Turkey.   
 
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Question 1 
 
Regarding subparagraph (1) of (i) of Article 2 of "Decree on the Prevention of Unfair 
Competition in Imports", could Turkey explain th e exact meaning of (1) a change in the pattern 
of trade between the country subject to measures  and Turkey, (2) a change in the pattern of 
trade between individual companies in the coun try subject to measures and Turkey?  Do 
individual companies refer to those who are subject  to the original investigation and not the new 
exporters? 
Reply
 
  A change mainly in the volume of trade of  both products subject to anti-dumping or 
countervailing duties and products subject to  anti-circumvention investigation.   
 
 Refers to any individual firm.    
Question 2 
 
Regarding Article 11 of "Decree on the Preven tion of Unfair Competition in Imports", 
could Turkey clarify if the anti-circumvention me asures could be applied to "like products or 
parts thereof from countries subject to measures"?  Does it mean the measures could be applied 
without further investigation to parts which ar e not the like products of subject goods in 
original investigation?  If so, could Turkey  provide its justification under WTO rules?   
 
 
                                                     
 
1 G/ADP/Q1/TUR/6 - G/SCM/Q1/TUR/6.   
2 G/ADP/N/1/TUR/3/Suppl.3 and G/ADP/N/1/TUR/3/Suppl.3/Corr.1.   G/ADP/Q1/TUR/7 
G/SCM/Q1/TUR/7 Page 2 
 
 
  Reply
 
  No, it does not mean that the measures could be applied without further investigation to parts, 
which are not the like products of subject goods in origin al investigation.  It is stated in Article 11 of 
the "Decree on the Prevention of Unfair Competition in Imports" that "When it is determined as a 
result of an investigation  that… anti-dumping duties and countervailing duties in force may be 
extended to …".   
 
Question 3 
 
About Article 11 of "Decree on the Prevention of Unfair Competition in Imports", it 
provides that in cases where anti-dumping or coun tervailing duties are imposed individually to 
exporters/producers located in a country subj ect to measures, individual duties of the 
companies may be increased to such a level no t exceeding the highest duty in force for the 
country in question.  Could Turkey provide th e justification under WTO rules to increase the 
duties of individual exporters without investigation?   
Reply  
  In the relevant paragraph of Article 11 of the "Decree on the Prevention of Unfair 
Competition in Imports", it is stated that a me asure imposed on products produced/exported by a 
certain company may be increased only as a result of an investigation.   
 
Question 4 
 
About Article 41 of "Regulation on the Prev ention of Competition in Imports", please 
explain whether the deletion of "on sampling appl ied for normal investigation" means that this 
has been considered in Article 40 as amended. 
Reply
 
  The amended version of Article 41 has a broade r coverage compared to the previous one and 
covers sampling issues as well.   
 
Question 5 
 
With regard to article 2 of "Decree on the Prevention of Unfair Competition in 
Imports", dose it mean that Turkey will not cons ider the price and quantity of like products or 
the evidence of dumping or subsidy, in the anti-c ircumvention investigation and determination?  
Could Turkey clarify the definition of "the remedial effects of the duty are being undermined or nullified"? 
Reply
 
  Depending on the case Turkey may or may not consider the price and quantity as they may or 
may not be the indicators of circumvention.  Instead of considering the evidence of dumping or 
subsidy, Turkey consider the change in the pattern  of trade (1) of the products subject to anti-dumping 
or countervailing duty and subject to anti-circum vention investigation and (2) among different 
sourcing countries.     G/ADP/Q1/TUR/7 
 G/SCM/Q1/TUR/7 
 Page 3 
 
 
   The basic motive behind the circumventing of a measure is to continue dumping which has 
already been established to have been a cause of in jury on the domestic industry, that is, to undermine 
or nullify the remedial effects of a measure.   
 
Question 6  
Could Turkey explain how to determine "provisional level of circumvention" provided 
for in Article 11 of the Decree? 
Reply
 
 
 In practice provisional level of circumventi on has never been determined.  The provisional 
level of circumvention may be determined during th e investigation phase.  The maximum level is the 
original anti-dumping duty.    
 
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