. /.RESTRICTEDWORLD TRADE
ORGANIZATIONG/ADP/IG/W/10
22 September 1998
(98-3648)
Committee on Anti-Dumping Practices
Informal Group on Anti-CircumventionOriginal:  English
TOPIC 1 - VIEWS AND EXPERIENCE OF TURKEY ON CIRCUMVENTION
Paper by Turkey
The following communication, dated 16 September 1998, has been received from the
Permanent Mission of Turkey.
_______________
Turkey has not so far initiated an anti-circumvention investigation because neither the Anti-
Dumping Agreement nor the domestic legislation contains any provision specifically designed to deal
with the issue of circumvention.  However, the Turkis h view on this very subject is that although there
is no such provision in the Agreement, initiation of an anti-circumvention investigation is inconformity with the spirit of the Agreement in cases where an existing anti-dumping duty is being
evaded by the exporters or importers provided that the elements of circumvention are present.
There has been one anti-dumping case, one of the main concerns of which was the
circumvention of an existing anti-dumping duty by the exporting country.  The facts of this case are
summarized below:
In 1994 the Turkish authorities received a request for the imposition of an anti-dumping duty
on the imports of non-refillable pocket flint lighters.  At the end of the investigation, it was
established that the aforementioned products were imported at dumped prices and that they caused
material injury to the domestic industry.  Consequently, an anti-dumping duty in the amount of
$0.08/piece was imposed on the imports of these products on 6 May 1995.
In 1997, while the mentioned duty was in force, another complaint, which contained evidence
regarding dumping and injury, was lodged by the domestic producers for the levying of an anti-
dumping duty on the imports of refillable pocket flint lighters originating in the same country.
Moreover, it was alleged in the complaint that the anti-dumping duty on the imports of non-refillablepocket flint lighters had been circumvented.
As stated above, since there is no legal remedy specifically aimed at offsetting circumvention
of an existing anti-dumping duty, the Turkish authorities initiated a new investigation covering
dumping and injury determinations.
During the investigation, it was found that imports of non-refillable pocket flint lighters
decreased drastically, both in absolute terms and in terms of market share, after the imposition of the
anti-dumping duty, while imports of refillable pocket flint lighters originating in the same country
increased.  In the course of the investigation, dum ping, injury and the causa l link between the two
were established.  Accordingly, an anti-dumping duty in the amount of $0.12/piece was imposed on
imports of refillable pocket flint lighters on 29 May 1998.G/ADP/IG/W/10
Page 2
Furthermore, it was observed, in the course of the second investigation, that some of the
refillable lighters sold in the Turkish market were slightly modified versions of the disposable lighters
subject to the anti-dumping duty.
In light of the above-mentioned facts, may this case be identified as circumvention?
__________