Practice

TRADE REMEDIES

Trade remedies require a distinct approach based on company’s strategic plan. Dealing with strict deadlines of distinct cases need tailor-made mind-set.

Bergen & Kuzey Partners has the optimum mix of business and legal expertise. Our consultants are dynamic and provide smart solutions keeping up with the specific requirements, deadlines and providing the best guidance in trade remedy investigations for our clients.

1 – ANTI-DUMPING MEASURES

Dumping is international price discrimination where the exporter keeps the export prices lower than domestic prices. Even though every dumping is not against competition, governments use their authority not only to remedy the dumping practice but also to protect their domestic industries. In trade remedy investigations, comprehensive knowledge and experience on defense are crucial for the best possible outcome.

Based on the petitions from domestic industries, governments conduct anti-dumping investigations based on the provisions set out in the Anti-Dumping Agreement (Agreement) of World Trade Organisation. In these investigations, Bergen&Kuzey  ensures that its clients’ rights are defended in the best and most strategic way.

2 – SUBSIDIES AND COUNTERVAILING MEASURES

Any financial contribution or income/price support by a government is called as subsidy  as long as it confers a benefit to the exporting firms.  Moreover, in order to remedy a subsidy, it must be specific i.e. available only to an enterprise, industry, group of enterprises, or group of industries in the country. If subsidies are specific and causing material injury to the domestic industry of the importing country, they are deemed as actionable and countervailing duty can be imposed.

In Bergen&Kuzey , we deliver our clients the best counselling in countervailing investigations with our strong competence on Turkish subsidy programs. Our questionnaire replies combined with the crucial collaboration with Turkish government help our client firms obtain the lowest possible subsidy margins.

3 – SAFEGUARD MEASURES

Safeguard measures are applied if the increase in imports to the importing country cause or threaten to cause serious injury to the domestic industry. Increase in imports must have been recent, sudden, sharp and significant enough to cause or threaten to cause serious injury.

Unlike Anti-dumping and Subsidies and Countervailing Measures, safeguard measures are not exporter specific measures as they are taken against the whole imports regardless of the source. It is important to follow the whole investigation process closely on behalf of exporters, exporter unions, importers and other interested parties. In Bergen&Kuzey , we represent our clients in the most careful manner and defend their rights against a possible arbitrary and vague safeguard measure.

4 – ANTI-CIRCUMVENTION

Circumvention is avoiding the anti-dumping or countervailing duties imposed on a particular product manufactured in and/or exported from third countries.

Imposed anti-dumping or countervailing duties can be circumvented by slightly modifying a product with a different CN) code, false declaration of the country of origin, exporting through a producer with a lower duty rate, certain assembly operations in third countries.

Aside from the existence of circumvention, there must also be evidence that:

• Domestic Industry is being harmed or the duty’s effects are being undermined

• There is evidence that the imported product is being dumped, or imported product and/or parts thereof still benefit from the subsidy.

Bergen&Kuzey , with its considerable expertise in anti-circumvention investigations, goes thoroughly into the nature of the circumvention cases and helps domestic industry firms not adversely affected by circumvented imports.

5 – IMPORT SURVEILLANCE

Import surveillance is a broad set of measures aiming to monitor and register import quantities/prices of specific products and see whether imports curb the profitability of domestic industry. It has been a tool used to protect a particular local industry from unfair price cuts or government from any loss in taxes. Along with many developing countries, Turkey use import surveillance as another trade remedy instrument. In practice, a reference price is announced and a system of documentation and an authorization procedure take place for importation.

In Bergen&Kuzey , we assess the import surveillance as an important tool and think that it will continue to play its significant role in international trade.

6 – OTHER PROTECTIONIST MEASURES: SPECIAL CASE OF TURKEY: ADDITIONAL CUSTOMS DUTY

While many developing countries have their versions of either tariff or non-tariff protectionist measures, Turkey has a special one called “additional customs duty”. Turkey imposed for the first time additional customs duties in 2011 for mainly textile and apparels products and scope of products subject to those measures have grown over time.

They enter into force by a special ministerial decree and collected separately from the common customs duties levied on imports. We think that Turkey will continue to become an active user of this protectionist measure.

7 – OTHER PRACTICE AREAS

Antitrust – Competition

For globally expanding companies, we provide merger control and assessment consultancy. As Bergen&Kuzey, we assist companies going through antitrust infringement investigations conducted by competition authorities. We are here for those who want to focus on commercial issues rather than spend time on litigation and investigations.

International Commercial Law & Trade Litigation

In the global business environment, local regulations, different practices and diversified cultural perspectives can be very complicated for firms. Given our strong local presence in front of regulatory bodies, companies doing business in Turkey will be able to find what they are looking for with us. Our consultancy includes major industries, financial entities, technology and supply chain companies.

With emphasis on commercial and WTO law, we make difference with our localized knowledge and problem solving capabilities on customs and tax services. Our services include counselling services in customs law, trade regulation, tax compliance, commercial contracts, enforcement actions, IP enforcement, consumer protection, product safety, anticorruption, product liabilities, labelling, and marketing rules.