WORLD TRADE  
ORGANIZATION  G/ADP/N/1/TUR/3/Suppl.3 
G/SCM/N/1/TUR/3/Suppl.3 13 September 2006 
 
(06-4386) 
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  
 
TURKEY 
 
Supplement  
  
 The following communication, dated 12 September 2006, is being circulated at the request of 
the Delegation of Turkey. 
 
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  In accordance with Articles 18.5 of the Agreement on Implementation of Article VI of GATT 
and 32.6 of the Agreement on Subsidies and Counter vailing Measures, Turkey hereby notifies to the 
WTO Secretariat that certain parts of the "Decr ee on the Prevention of Unfair Competition in 
Imports" and the "Regulation on the Prevention of  Unfair Competition in Imports" have been 
amended. G/ADP/N/1/TUR/3/Suppl.3 
G/SCM/N/1/TUR/3/Suppl.3 Page 2 
 
 
   Certain parts of the "Decree on the Preventi on of Unfair Competition in Imports" and the 
"Regulation on the Prevention of Unfair Competiti on in Imports" have been amended as published in 
the Official Gazette dated 31 December 2005 and numbered 26040 2 bis, and dated 26 January 2006, 
numbered 26061 respectively. 
 
 
Amendments in the Decree  
 
 
1. The subparagraph (1) of (i) of Article 2 of  "Decree on the Prevention of Unfair Competition 
in Imports" published in the Official Gazette  dated 30 October 1999 a nd numbered 23861 shall be 
replaced by the following:  
 "Cases where there is evidence that, a ch ange exists in the pattern of trade 
between a third country and Turkey or the country subject to measures and Turkey or 
individual companies in the country subject to measures and Turkey, stemming from a practice, process or work for which th ere is insufficient due cause or economic 
justification other than the avoidance of  the anti-dumping duty or countervailing duty 
in force, and that the remedial effects of the duty are being undermined or nullified." 
2. "Article 11" of the Decree has been amended as stated below: 
 
 "When it is determined as a result of an investigation that definitive duties are circumvented as a consequence of a practice, process or work for which there is insufficient due cause or economic justification other than avoidance of anti-dumping duties or countervailing duties in force, anti-dumping duties and countervailing duties 
in force may be extended to cover like products or parts thereof from countries 
subject to measures or like products or part s thereof from third countries.  In cases 
where anti-dumping or countervailing duties are imposed individually for exporters/ producers located in a country subject to m easures, individual duties of the companies 
may be increased such that t hose duties shall not exceed th e highest duty in force for 
the country in question.  During the inves tigations to be carried out in accordance 
with this paragraph, imports of product  under investigation may be subject to a 
security deposit at an amount not exceeding the provisionally determined level of circumvention. 
 Where, as a result of the investigation,  it is determined that the definitive 
duties were nullified through lowering of export prices, the anti-dumping duty shall 
be reassessed in accordance with the ne w dumping margin calculated.  When 
investigations carried out under this paragr aph cover the re-examination of the normal 
value, during the investigation imports of  the product under consideration may be 
made subject to a security deposit at an amount not exceeding the provisionally determined circumvention level. 
 Where imports of the product concerned have been subject to a security 
deposit during the investigation and as a result of the investigation measures are 
imposed, the difference between determined  measures to remove the circumvention 
and definitive measure in force is transfe rred to the treasury.  The amount of security 
deposit exceeding the difference between dete rmined measure and definitive measure 
in force is released, however no security deposit shall be collected if the amount is 
lower than the difference.  If the authorit y decides to terminate the investigation  G/ADP/N/1/TUR/3/Suppl.3 
 G/SCM/N/1/TUR/3/Suppl.3  Page 3 
 
 
  without implementing any measure, collecti on of security deposit will be ceased and 
collected deposits will be refunded. 
 The procedures and principles regardi ng the processes and investigations to 
be carried out for the prevention of circumvention shall be set out in the regulation." 
 
Amendments in the Regulation  
 
1. The subparagraph (1) of paragraph (i) of Ar ticle 4 of  "Regulation on the Prevention of 
Competition in Imports" published in the Official  Gazette dated 30 Oc tober 1999 and numbered 
23861 shall be replaced by the following: 
 
 "Cases where there is evidence that a ch ange exists in the pattern of trade 
between a third country and Turkey or the country subject to measures and Turkey or individual companies in the country subject to measures and Turkey, stemming from 
a practice, process or work for which th ere is insufficient due cause or economic 
justification other than the avoidance of the anti-dumping or countervailing duty in force, and that the remedial effects of the duty are being undermined or nullified." 
2. "Article 38" of the regulation has been amended as stated below: 
 
 "Domestic producers, claiming that the definitive duty or countervailing duty 
in force is being circumvented, may submit a written request to the Directorate 
General duly supported with evidence, to initia te a circumvention investigation.  An 
investigation may also be initiated ex o fficio upon proposal by the Directorate 
General. 
 Investigations initiated for cases where there is evidence for a change in the 
pattern of trade between a third country and Turkey or the country subject to 
measures and Turkey or individual compani es in the country subject to measures and 
Turkey, stemming from a practice, process or work for which there is insufficient due cause or economic justification other than the imposition of the anti-dumping duty or countervailing duty, and where the remedial effects of the duty are being undermined 
or nullified, the regulation's provisions concerning dumping, subsidy and injury 
determination are not applied." 
3. "Article 40" of the Regulation has been amended as stated below: 
 
 "Unless otherwise specified, among procedural rules used in dumping and subsidy investigations only  appropriate ones in terms of content and essence are 
applicable to examinations and inv estigations set out in this part." 
4. "Article 41" of the Regulation has been amended as stated below: 
 
 "Unless otherwise specified, among inves tigations set out in this part, the 
provisions concerning  dumping, subsidy an d injury determinations are applied to 
those investigations appropriate in term s of content and essence only when deemed 
necessary." 
 
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