Having adopted its first legislation and conducted its first investigation in 1989, Turkey has since made it into the list of the most active users of anti-dumping. Although it started conducting safeguards investigations relatively late (2004), over time, Turkey has also become an active user of such measures. Countervail is a truly new area for Turkey. The first and only countervailing duty investigation was initiated in 2008 which resulted in the imposition of definitive measures in 2009. However, the global increase observed in countervail activity in recent years should also be expected to affect Turkey and lead to increased countervail activity in near future.
Under the current legislation, anti-dumping, countervailing duty and safeguards investigations are conducted by the Directorate General for Imports in the Ministry of Economy. One unique aspect of such investigations is that they are also governed by international treaties signed by Turkey. Although Turkey conducts trade remedy investigations pursuant to its domestic legislation, it also has to observe the disciplines set forth in the relevant agreements of the World Trade Organization (“WTO”) which, having been approved in accordance with the procedure set forth in article 90 of the Constitution, have the force of law for purposes of Turkish law. It should also be underlined that the WTO agreements on trade remedies have to be interpreted in accordance with the jurisprudence developed by WTO panels and the Appellate Body in trade disputes resolved through the WTO’s dispute settlement mechanism. Hence, legal advice provided to companies involved in trade remedy proceedings in Turkey which does not incorporate relevant aspects of the WTO jurisprudence will be incomplete and potentially misleading.
Güzel Law Office offers its clients a full range of legal support in the field of trade remedies based not only on the Turkish legislation and practices but also on the latest developments in WTO jurisprudence.
Our services in the field of trade remedies cover all aspects of the investigations, as well as judicial review proceedings at the Turkish Council of State. Further, we provide advice not only to clients involved in trade remedy proceedings initiated by the Turkish Ministry of Economy, but also to Turkish exporters facing trade remedies action in third countries.