Türkiye

Supplement

The following communication, dated and received on 9 May 2025, is being circulated at the request of the delegation of Türkiye.

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COMMUNIQUÉ[1]

From the Ministry of Trade:

COMMUNIQUÉ ON THE PREVENTION OF UNFAIR COMPETITION IN IMPORTS

(COMMUNIQUÉ NO: 2025/1)

Aim and scope

ARTICLE 1- (1) The purpose of this Communiqué is to set forth the procedures and principles regarding the issuance, submission, and inspection of the "Producer/Exporter Certificate" required within the framework of the legislation on the Prevention of Unfair Competition in Imports.

Legal basis

ARTICLE 2- (1) This Communiqué has been prepared based on the Law No. 3577 on the Prevention of Unfair Competition in Imports dated 14/6/1989, the Decision on the Prevention of Unfair Competition in Imports enacted by the Council of Ministers' Decision No. 99/13482 dated 20/10/1999, and the Regulation on the Prevention of Unfair Competition in Imports published in the Official Gazette No. 23861 dated 30/10/1999.

Definitions

ARTICLE 3- (1) For the purposes of this Communiqué:

a)_    Ministry: The Ministry of Trade,

b)_    Decision: The Decision on the Prevention of Unfair Competition in Imports enacted by the Council of Ministers' Decision No. 99/13482 dated 20/10/1999,

c)_    Measure: Provisional or definitive anti-dumping duties or countervailing duties and undertakings under Articles 7, 11, 12, and 13 of the Law No. 3577,

ç)   Producer/Exporter: The producer or exporter company established in the country of origin or export, for which an individual measure has been determined under the relevant Communiqué on the Prevention of Unfair Competition in Imports.

Producer/Exporter certificate

ARTICLE 4- (1) Pursuant to Article 5 of the Decision, in cases where the measures are determined in varying amounts or rates based on the producer/exporter established in the country of origin or export, the customs authorities shall require the Producer/Exporter Certificate, as provided in Annex‑1, certifying that the goods to be imported were produced by the producer/exporter subject to the measure, in order to benefit from the measure amount or rate determined for a specific producer/exporter.

(2)_   In the absence of submission of the Producer/Exporter Certificate, the measure determined for other companies, for which no individual measure has been set forth under the relevant Communiqué on the Prevention of Unfair Competition in Imports and which are outside the scope of the first paragraph, shall be applied.

(3)_   Through the relevant Communiqué on the Prevention of Unfair Competition in Imports, a separate measure in a higher amount or rate than the measure determined for other companies under the second paragraph may be established on a producer/exporter basis. In this case, the customs authorities shall require in any case the Producer/Exporter Certificate for each company, including those that are subject to the measure for other companies, and the measure determined for them shall be applied.

Issuance and submission of certificates

ARTICLE 5- (1) The Producer/Exporter Certificate shall be issued whole and complete in English in electronic format by the producer/exporter or trading company issuing the invoice forming the basis for the customs declaration. Certificates that are incomplete or improperly filled out shall not be accepted by customs authorities.

(2)_   The Producer/Exporter Certificate must be signed with a wet signature by an authorized signatory of the company.

(3)_   Along with the Producer/Exporter Certificate, the invoice forming the basis of the customs declaration prepared for the importation must also be submitted.

(4)_   The Producer/Exporter Certificate shall be required by the customs authorities upon registration of the customs declaration for the imports under the release for free circulation procedure to benefit from the measure amount or rate determined for the producer/exporter indicated in the certificate.

(5)_   The invoice number and date, forming the basis for the customs declaration and indicated in the Producer/Exporter Certificate, shall be recorded by the importer in Box 44 of the customs declaration.

(6)_   The existence of minor or formal differences in the Producer/Exporter Certificate shall not automatically invalidate the Certificate, provided that it is conclusively demonstrated that the Certificate corresponds to the goods subject to the measure submitted to the customs authority.

(7)_   Producer/Exporter Certificates submitted after the release of the goods for free circulation shall not be accepted.

(8)_   For the goods subject to the measure, the relevant Communiqué on the Prevention of Unfair Competition in Imports may require additional information or documents to be submitted in addition to or in place of the Producer/Exporter Certificate.

(9)_   The Ministry may request additional supporting information or documents from the importer, producer/exporter, and trader companies (if any) to verify the accuracy of the Producer/Exporter Certificate.

Inspection of certificates

ARTICLE 6- (1) The importer, producer/exporter, and trader companies (if any) are jointly and severally liable for the accuracy of the declarations and documents submitted under this Communiqué. The burden of proof regarding the accuracy of the declaration and contents of document lies with the importer.

(2)_   The Ministry is authorized to conduct inspections or have them conducted regarding the accuracy of the information and declarations contained in the Producer/Exporter Certificate and the supporting documents regarding the imported goods during or after the import process.

(3)_   In cases where there is doubt about the accuracy of the information and declarations contained in the Producer/Exporter Certificate and the supporting documents, the Ministry may request information from the customs authorities of the country where the producer/exporter and/or trader companies are established, along with the justification and relevant documents, and may conduct onsite inspections and audits at the facilities of the companies mentioned in the certificate or request such inspections from the relevant customs authorities. In such cases, companies issuing the certificates shall fully and accurately submit all requested information and documents and are deemed to have agreed and undertaken to allow and admit on-site inspections and audits to be conducted by or on behalf of the Ministry.

(4)_   The producer/exporter and/or trader companies are required to keep a copy of the Producer/Exporter Certificate and supporting documents (e.g., production records, invoices, customs declarations, and other documents kept in the ordinary course of trade) for three years from the date of registration of the customs declaration concerning the goods covered by the certificate.

(5)_   In case inspections and audits as mentioned in paragraph three are carried out, the release of the goods may be requested in writing without waiting for the conclusion of the procedures. In this case, the goods may be released by securing a guarantee up to the highest measure amount specified in Article 4, in accordance with the customs legislation.

(6)_   If the importer fails to prove the accuracy of the information and declarations contained in the Producer/Exporter Certificate and the supporting documents, the certificate shall be deemed invalid, and the import in question shall not benefit from the measure amount or rate determined for that producer/exporter company. In this case, the customs authorities shall apply the highest measure specified in Article 4, and actions shall be taken pursuant to Article 8.

Validity period of certificates

ARTICLE 7- (1) The Producer/Exporter Certificate is valid for one year from its issuance date.

(2) For goods placed into free zones or customs warehouses accompanied by a Producer/Exporter Certificate, the validity period shall be suspended during the stay of the goods within the free zone or customs warehouse, provided that the certificate is submitted to the relevant customs office within the period specified in paragraph one, and the remaining period shall resume from the date the goods exit the free zone or customs warehouse.

Other legislation

ARTICLE 8- (1) If a tax loss for the administration occurs due to improper issuance of the Producer/Exporter Certificate, the provisions of the Customs Law No. 4458 dated 27/10/1999 and other relevant customs legislation concerning transactions causing tax loss and irregularities shall be applied.

Repealed communiqué

ARTICLE 9- (1) The Communiqué on the Prevention of Unfair Competition in Imports (Communiqué No: 2002/1) published in the Official Gazette No. 24669 dated 12/2/2002 has been repealed.

References

ARTICLE 10- (1) References made to the Communiqué on the Prevention of Unfair Competition in Imports (Communiqué No: 2002/1) repealed by Article 9 shall be deemed as references made to this Communiqué. Entry into force

ARTICLE 11- (1) This Communiqué shall enter into force on the sixtieth day following its publication.

Execution

ARTICLE 12- (1) The provisions of this Communiqué shall be executed by the Minister of Trade.

Click here to access the fillable Producer/Exporter Certificate (Annex-1).

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