Period: 21 Legislative Year: 1 Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Prevention Of Unfair Competition About Changes In The Import Laws

Original Language Title: Dönem : 21 Yasama Yılı : 1 Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. İTHALATTA HAKSIZ REKABETİN ÖNLENMESİ HAKKINDA KANUNDA DEĞİŞİKLİ

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Period: 21 Yunder: 1

Warning: The Law you are viewing is considered to be accepted at the General Assembly of the TBMM. It does not contain any later delics if it exists.




Kanun # 4412


Accepted Date: 21.7.1999

MADDE 1. - 14.6.1989 and 3577 are the first in the Code to Prevent Competitive Avoidance.

Purpose and scope

Article 1-This Law is entitled to import create a Board that will give the necessary measures, policy and implementation decisions to ensure the protection of a production branch, which is caused by the importation of competitive dampinge or subsidy. tasks.

MADDE 2. - The 2 nci items (a), (b), (d), (e), (f), (h), (h), (h), (h), (h), (h), (h), (d), (h), are added to the right after (l) to come after the other (n), (n), (o) are added.

a) Damping :One property The price of export to Turkey is less than the normal value of a similar property,

b) Subsidy: any of the benefits of the country or the exporter, the natural or indirect financial contribution of GATT 1994 under the XVI clause of the a revenue or price support,

d) Like Mal :Dampinge or A commodity that is subject to the subsidy subject to the subsidy is a property that does not have such a property, but does not have any such property,

e) Normal Dec:

1. The price payable or payable as a result of normal commercialization for similar goods that are the subject of consumption in the country or country of origin,

2. If the country or the country does not have similar property in the country's domestic market as a result of normal commercials, or if they do not have the right to a proper agreement, a similar property will be available in a third country. price determined by the addition of a reasonable profit margin to the cost of representation or the cost in the country,

f) Regulation: How to Prevent Avoidance Of Competition,

h) Subsidy Quantity: Export or export by country of country The amount of any revenue or price support in the framework of the product, production, export, or performance of the property, production, export, or performance of the product,

i), which is inconsistent with any revenue or price support within the framework of the XVI clause of the 1994 or the product : In a production branch, the damages for the physical harm, the threat of materially or the physical delay of the installation of a production branch,

m) GATT 1994 :Customs Tariffs and Trade General Meaning 1994,

n) Subsidies and Understanding of Compensatory Measures: dated 26.1.1995 and with a Code of 4067 The Statement of World Trade Organization, which is eligible for approval and approved by the Council of Ministers of the Council of Ministers 95/6525, dated 3.2.1995 and approved by the Council of Ministers of 95/6525, is the

o) PM 's implementation of GATT 1994' s VI Ncu Article Understanding: The Meaning of the World Trade Organization, which is dated 26.1.1995 and approved by the Count of 4067 and approved by the Council of Ministers of the Council of Ministers 95/6525, dated 3.2.95 and approved by 95/6525, is the following,Anlaþmayý

MADDE 3. - 3577 is the 3rd of the Code,deðiþtirilmiþtir

Rings requiring a predicate

Article 3-Halls that require a preview of the instance, which is the subject of the dampinge or the subsidy The importation of imports into a production branch in Turkey or the threat of a physical harm or the establishment of a production branch is physically delayed by a production branch. However, the subsidy is aimed at a firm/firm group or a production branch/production branch within the framework of the 2 nci clause of the Subsidy Subsidies and Compensatory Measures, in order for the subsidy to be taken as a precaution. must be left.

MADDE 4. - 3577 is the first time in the first phase of a Code 4, and the second case is in effect.

Damping or subsidy inspection of the General Directorate or any of the required re can. Manufacturers or manufacturers who claim to have physical harm or cause physical harm or cause a production branch to be physically delayed by importation, which is subject to the Dampinge or the subsidy, has been threatened or otherwise delayed. Actual or tbres or installations can be found in writing to the General Manager.

MADDE 5. - 3577 is the 5th of the Code (a) and (c) of the Code, and (c) the following,deðiþtirilmiþtir

a) The preliminary examination of the complaint or the information, or the preliminary information, under the information of the current information, or the current information, if necessary. to:

c), to conduct a prompt and submit an offer with the Install regarding the measures,

MADDE 6. -  3577 is the first receipt of a count of 6 of the Code and the third in (b), (c), and (d) as well.

The board of the Board of Israel or the general manager of the Directorate of Israel. The Ministry of Tarism and Trade, Ministry of Industry and Trade, Undersecretary of State Planning, Undersecretary of Customs, Chambers and Commodity Exchanges of Turkey and Turkey's Ziraat Chambers unit, as well as an official representative of the Turkish Republic of Turkey and the Turkish Chamber of Commerce. Refers to the related circle from the manager.

b) If there is sufficient evidence to be sufficient evidence, submit a temporary measure to the Ministry's approval,

c) The results of the question are to take the necessary measures and the final precautionary measure will be approved by the Ministry of to submit,

d) to recommend that the commitment is to be made and to take the necessary precautions if the commitment is made, in the event that the commitment is not met and commitments are not met.

MADDE 7. - 3577 counts of "and/or" clause in items 7 and 8 of the Law "as" or "and" figure " in the first and second fives of the 7 nci clause of the Law.

MADDE 8. - 3577 is the first time in the first part of the Code.

The result of an inspection of and or the subsidy subject to dampinge or the subsidy as a result of the review of Re ' s or the Complaint. They will be asked if there is sufficient evidence to recover from the damage.

MADDE 9. - deðiþtirilmiþtir


Article 11, which is the 11th of the Code. -In the course of the question, the country, exporter country or exporter may make a commitment to the extent of the Council's proposal or the Council's proposal to eliminate the damages resulting from the issue of question-imposed or subsidized imports. If the board accepts the commitment, the question can be stopped or concluded, whether temporary or precise. The conclusion of the question does not prevent the necessary evacuation of the temporary measures that have been applied until the commitment is effective. If commitments are not met, the Board may impose a temporary or final measure as a result of the data available to the Board. Commitments related to the commitments and principles are determined by the Ministry of Ministers on the validity of the validity period and review of the Council of Ministers.

MADDE 10. - The 3577 count is to be installed in the article 12.

Provisional measures

Article 12. -To the extent to which the charges of dampingli or subsidized imports exist, the complaint subject is determined to prevent damage during the course of the trial, provided the preliminary information about the damage caused by the import. A temporary measure could be agreed with the approval of an interim measure, either by the amount of damping margin or the amount of subsidies, or less than the amount of collateral damage or amounts of collateral damage. This will be announced for publication in the Official Gazette. No temporary measures are applied within the sixty-day period from the date of the opening of the question. Temporary measures have expired four months. However, if the topic of the damping question is the demand for an exporter that is a significant part of the export to Turkey, this period may be up to the bottom under the Ministry's approval by the Board's decision. During the Damping prompt, it can be determined as nine and nine months, with an effort to examine whether or not the damping margin is sufficient to prevent damage from the risk of a hazard. The implementation of the temporary measures is determined by the Council of Ministers ' decision.

MADDE 11. - 3577

Definite Precautions

Article 13, which is the 13th. -As a result of the prosecution or the amount of subsidized or subsidized imports, it is determined to prevent the damage, as determined by the Board and approved by the Ministry, as well as the amount of damping margin or subsidy. Or less than a rate or amount of damper tax or compensatory taxes to eliminate the damage. If the guarantee was previously received, the 14th clause will be made available. However, if the precise precautionary measure is taken as a result of the threat of physical harm or the physical delay of the establishment of a production branch, the Board may not be able to obtain temporary measures to be collected in the event of a temporary measure. They must make a determination in the case that there is no harm in the matter. If no such identification is made, the guarantee will be returned as a temporary measure in the error of the question. The effective time, implementation, suspension, review, review and return of the compensatory tax or compensatory actions are in accordance with the actions of the current guest or compensatory tax, as well as in the process of neutrons. It is determined by the decision of the Council of Ministers. If both the damping configuration and the subsidy are given for the item that is the subject of the question, the dampinge tax and compensatory tax cannot be implemented together for the same condition.

Dampinge tax or compensation The importation of the relevant property is not blocked.

MADDE 12. - 3577 is the second in the 14th Amendment of the Law.

Temporary measures are removed if the decision is to be closed and the received temps are returned.

MADDE 13. - deðiþtirilmiþtir

Digit legislation

Article 15, which is the fifth of the Code. -Customs legislation; the provisions of the customs duty, the registration, the allocation, the collection, the return, the monitoring and the collateral, the provisions of this Law, which is not part of this Act, the provisions of the tax or the compensatory tax of the dampinge, tahakkuku also applies in the process of collecting, checking in, tracking, and collateral.

Non-paid dampinge tax or compensatory tax, 6183 number of Amme Creditors in accordance with the provisions of the Law on the Allowance kovuþturulur

provision in this Law In non-existent people, the provisions of the Subsidy and Compensatory Measures for the implementation of the VI ncu of GATT 1994 are considered.

MADDE 14. - Additional items in the 3577 count are added.

closing and stopping the problem

ADDITIONAL ITEM 1. -As a result of the question, the question of whether the importation or the subsidy is not subject to the dampinge or the subsidy is determined or if the case of the complaint is not taken away. A damping or subsidy will be closed if the Damping margin or the amount of subsidy or import is at a level that is negligitable. The ratio of the amount of damping margin or the amount of subsidies or the amount of importation to the levels of neglect is determined by the regulation. If the complaint is withdrawn, it may be decided that the Convention will be closed. The question can be stopped if commitments are accepted. If the subsidy is not removed from the application, the question can be stopped or closed.

Reviewing of definite measures and commitments

ADDITIONAL ITEM 2. -Certain measures and commitments related to commitments may be reviewed at the request of one of the parties concerned or you may be reviewed. If a review is made to the board, it will be re-asked and executed. However, the requestion does not prevent the implementation of the exact measures and commitments that are in effect. As a result of the question, the Convention is decided on the exact measure of precaution and commitment. The final precaution decision may also be reviewed at the request of the manufacturer or exporters who did not export the material to the question of the question of the question of the question of the question of the question of the question. Until the decision is made to the conclusion of the question of such a claim, the exact measure being implemented is the collateral for the import of goods from the producer or exporter who are in demand. As a result of the question, regarding the collateral, the process will be based on the 14th Amendment.


MADDE 15. - enters three months after the release date of this Law.


MADDE 16. - The Council of Ministers executes the provisions of this Law.