New Exporter Review in Turkey: Can a Foreign Manufacturer Obtain a Lower Anti-Dumping Duty? (2026 Updated Guide)

Can a foreign manufacturer obtain a lower anti-dumping duty in Turkey through a new exporter review? Learn eligibility requirements, evidence, dumping-margin calculations, security deposits and practical application strategy.

A foreign manufacturer entering the Turkish market after an anti-dumping investigation has already been completed may discover that its products are automatically subject to an existing anti-dumping measure even though the company itself was never examined during the original investigation. Turkish legislation provides a specific mechanism for this situation: the new exporter review. Under the current framework, an exporter or producer that did not export the product concerned to Turkey during the original investigation period may request determination of its own dumping margin, provided that additional eligibility conditions are satisfied. This can potentially result in an individual anti-dumping treatment different from the existing rate applicable to other exporters, but a lower duty is not automatic.

What Is a New Exporter Review?

A new exporter review is a special review procedure designed for producers or exporters that were not exporting the product concerned to Turkey during the original investigation period and therefore did not have an individual dumping margin determined during that investigation.

The purpose is essentially to determine the dumping margin applicable to the qualifying new exporter itself. Turkish regulations provide that these reviews are initiated and conducted on an expedited basis after the views of domestic producers are obtained.

Can the Review Produce a Lower Anti-Dumping Duty?

Potentially, yes. The principal commercial reason for requesting the review is to obtain an individual dumping-margin determination instead of continuing to be treated under the existing measure applicable to companies that did not receive an individual rate.

However, the manufacturer should not assume that filing an application guarantees a lower rate. The outcome depends on the company’s actual export prices, domestic sales, production costs and other information relevant to the dumping calculation.

Who Can Apply?

Under Article 36 of the Regulation on the Prevention of Unfair Competition in Imports, exporters or producers that did not export the product subject to the measure to Turkey during the original investigation period may apply in writing to the Directorate General for determination of their dumping margin or subsidy amount.

Several conditions are particularly important.

The Manufacturer Must Not Have Exported During the Original Investigation Period

This is a central eligibility requirement. The company should identify the precise investigation period used in the original anti-dumping proceeding and determine whether it made any exports of the product concerned to Turkey during that period.

Even a small historical shipment should be investigated before claiming new-exporter status.

Historical Customs Records Should Be Checked

Do not rely only on current management’s recollection. Review export databases, invoices, Turkish customer records, customs documents and historical accounting information.

Corporate restructuring can make this particularly important because older shipments may have been made under another company name.

The Manufacturer Must Not Be Related to Certain Existing Exporters or Producers

The applicant must also establish that it is not related to exporters or producers in the exporting country whose products are subject to the anti-dumping or countervailing measure.

Corporate relationships should therefore be reviewed before filing.

Examine Shareholding and Corporate Control

Prepare an organizational chart identifying shareholders, subsidiaries, parent companies, sister companies and relevant trading entities.

Indirect relationships should not be overlooked merely because two companies do not directly own shares in each other.

Trading Companies Can Complicate the Analysis

A manufacturer may produce the goods while another company handles exports. The roles of both entities should be identified clearly.

The authority should be able to understand who manufactures, who sells, who invoices and who exports the product to Turkey.

The Manufacturer Must Have Started Exporting After the Investigation Period

The Regulation requires the applicant to demonstrate that it exported the product concerned to Turkey after the original investigation period or entered into an irrevocable contractual obligation to export a significant quantity.

This requirement distinguishes an actual new market entrant from a company seeking a hypothetical rate before genuine Turkish business exists.

An Irrevocable Contractual Commitment May Be Relevant

A company does not necessarily need to wait until a large shipment has physically entered Turkey if it can satisfy the applicable requirement concerning an irrevocable contractual commitment to export a significant quantity.

The contract should be genuine, commercially enforceable and supported by consistent transaction documentation.

What Evidence Should Be Prepared?

The application should establish eligibility before moving into the detailed dumping calculation. Relevant evidence may include corporate registration documents, shareholder information, organizational charts, historical export records, Turkish customs information, invoices, contracts, production records and evidence concerning the first exports made after the original investigation period.

Identify the Original Anti-Dumping Measure

Before filing, determine precisely which measure applies to the product. Review the product description, country concerned, tariff classification, existing exporter-specific rates and rate applicable to other companies.

Turkey’s Ministry of Trade maintains information concerning anti-dumping measures and investigations under its trade-defense framework.

Confirm That the Product Is Actually Covered

A company should not seek a new exporter review before confirming that its goods genuinely fall within the product scope of the existing measure.

If the product is outside the measure entirely, a product-scope or customs application dispute may present a fundamentally different legal issue.

Tariff Classification Should Be Verified

Check the tariff classification used for the goods and compare it with the relevant anti-dumping measure. Technical product characteristics should also be reviewed.

Classification and product scope should not be treated as interchangeable concepts.

Country of Origin Must Be Correct

Anti-dumping measures are generally origin-sensitive. Confirm that the product genuinely originates in the country covered by the relevant measure.

Routing goods through another country does not automatically alter their origin.

The Review Focuses on the Applicant’s Own Dumping Margin

The principal substantive issue is whether and to what extent the applicant itself exports at dumped prices.

The Ministry describes dumping generally as exporting a product below its comparable home-market price in the exporting country.

Domestic Sales Records May Be Required

The manufacturer should be prepared to provide detailed information concerning sales of the like product in its domestic market.

Relevant records can include invoice numbers, customers, quantities, prices, discounts, rebates, payment terms and product characteristics.

Export Sales to Turkey Must Be Documented

Prepare transaction-level information concerning Turkish exports. The authority may need to understand invoice prices, quantities, customers, payment terms, freight, insurance, commissions and other relevant circumstances.

Every transaction should be capable of being traced to the company’s ordinary accounting records.

Production Costs May Become Important

Where the dumping analysis requires examination of constructed normal value or other cost information, the manufacturer should be prepared to provide reliable production-cost data.

Raw materials, labor, energy, manufacturing overhead and relevant administrative or selling expenses should be supported by genuine accounting information.

Accounting Data Must Reconcile

One of the most important practical requirements is reconciliation.

Sales databases should reconcile with accounting records. Production quantities should reconcile with inventory. Cost figures should connect with the manufacturer’s ordinary accounting system.

Unexplained inconsistencies can undermine the company’s attempt to obtain individual treatment.

Related-Party Transactions Require Careful Review

If raw materials are purchased from affiliates or products are sold through related trading companies, disclose and explain those relationships accurately.

Related-party transactions can affect both eligibility and substantive dumping calculations.

Verification Should Be Expected

The manufacturer should prepare its application and questionnaire information on the assumption that important figures may need to be verified against source records.

Invoices, ledgers, production systems, inventory records and contracts should therefore be organized from the beginning.

Confidential Information Can Be Significant

A new exporter review may require disclosure of sensitive information concerning prices, customers, costs and suppliers.

The company should use applicable confidentiality procedures properly while also preparing any required non-confidential material.

What Happens to Existing Anti-Dumping Duty During the Review?

This issue is particularly important commercially. Turkish Law No. 3577 provides that until the decision resulting from a review requested by a qualifying new producer or exporter enters into force, the definitive measures in force are subject to a security deposit for the product exported by the producer or exporter that requested the review.

The customs and financial consequences should therefore be planned carefully before substantial shipments are made during the review.

Security Deposit Does Not Mean the Review Has Already Succeeded

The security mechanism should not be confused with a determination that the applicant qualifies for a lower rate.

The final outcome still depends on the investigation and the dumping margin established for the applicant.

Review the Result Before Setting Long-Term Prices

Foreign manufacturers should avoid building long-term Turkish pricing strategies around an assumed future anti-dumping rate before the review is completed.

Customer contracts should address the possibility that the final result differs from commercial expectations.

Coordinate With the Turkish Importer

The Turkish importer may hold customs declarations, import invoices and other records relevant to the company’s Turkish sales.

Manufacturer and importer information should be consistent.

Producer/Exporter Documentation Also Matters at Customs

Turkey currently applies a Producer/Exporter Certificate framework for goods affected by relevant unfair-competition measures. The Ministry states that this certificate is required by customs authorities under Communiqué No. 2025/1.

The manufacturer should therefore coordinate the new exporter review with the customs documentation required for actual imports.

Incorrect Producer/Exporter Documentation Can Affect Duty Treatment

Under the current certificate framework, incomplete or improperly completed Producer/Exporter Certificates are not accepted by customs authorities, and the certificate is connected with identifying the applicable producer/exporter measure.

Corporate names, manufacturer identity and invoice information should therefore remain consistent.

Do Not Restructure Artificially to Obtain New Exporter Status

Creating a nominal new company that is effectively connected with an existing producer subject to the measure can create serious problems.

The review is intended for genuinely qualifying new producers or exporters, not artificial corporate arrangements designed to escape existing anti-dumping measures.

Anti-Circumvention Risk Must Be Considered

The Ministry specifically monitors possible circumvention of anti-dumping and countervailing measures, including practices involving changes in origin or tariff classification, and may initiate anti-circumvention investigations.

Any supply-chain restructuring should therefore have genuine commercial and manufacturing substance.

What If the Application Is Rejected?

The company should identify whether the rejection concerns eligibility, relationship with existing exporters, historical exports, product scope or insufficient evidence.

The available response should be evaluated according to the particular administrative decision and procedural stage.

What If the Individual Margin Is Not Lower?

A new exporter review is not legally equivalent to an application for a guaranteed discount. The review determines the applicant’s own dumping position.

The result may or may not provide the commercial advantage expected when the application was filed.

Keep the Turkish Customer Informed

Anti-dumping exposure can materially change landed cost. Turkish customers should understand the status of the review and how security deposits, final duties and contractual price adjustments will be handled.

Review Supply Contracts

Contracts should address anti-dumping duties, security deposits, customs expenses, tax allocation, price adjustments and responsibility if the new exporter review does not produce the expected result.

Prepare Before the First Major Shipment

Ideally, eligibility and documentation should be assessed before significant commercial volumes are shipped to Turkey.

Discovering after several containers arrive that the company does not qualify for new exporter status can create substantial unexpected costs.

Immediate Application Strategy

A foreign manufacturer considering a Turkish new exporter review should immediately identify the original investigation period, confirm that it made no exports during that period, investigate corporate relationships with existing producers and exporters, document post-investigation exports or irrevocable contractual commitments, confirm product scope and origin, prepare domestic and Turkish sales databases, organize cost and accounting information, coordinate with the Turkish importer and evaluate the security-deposit consequences of shipments made while the review is pending.

Frequently Asked Questions

What is a new exporter review in Turkey?

It is a review mechanism allowing qualifying exporters or producers that did not export the product concerned to Turkey during the original investigation period to request determination of their own dumping margin or subsidy amount.

Can a new exporter obtain a lower anti-dumping duty?

Potentially. An individual dumping margin may lead to different treatment, but a lower duty is not guaranteed.

Must the manufacturer have exported to Turkey already?

The applicant must demonstrate either post-investigation-period exports of the product concerned or an irrevocable contractual commitment to export a significant quantity, subject to the applicable requirements.

Can a company related to an existing exporter apply?

The relationship requirement is a central eligibility issue. The applicant must establish that it is not connected with exporters or producers whose products are subject to the relevant measure as specified by the applicable rules.

Is the review conducted like an ordinary anti-dumping investigation?

The Regulation provides for the new exporter review to be initiated and conducted on an expedited basis following receipt of domestic producers’ views.

What happens to the existing measure while the review is pending?

For the product exported by the applicant, Law No. 3577 provides for the definitive measure in force to be subject to a security deposit until the review result enters into force.

Will the manufacturer need to disclose sales and cost data?

Detailed commercial and accounting information can be central to establishing an individual dumping margin. The company should prepare verifiable sales, cost and production records.

Can a company create a new subsidiary and qualify automatically?

No such assumption should be made. Corporate relationships with producers and exporters subject to the measure are specifically relevant to eligibility.

Should the Turkish importer participate in preparation?

Yes. Customs declarations and transaction information held by the Turkish importer should be reconciled with the manufacturer’s export records.

What is the most important first step?

Compare the company’s actual export and corporate history with the legal eligibility requirements before filing. A new exporter review can potentially produce individual anti-dumping treatment, but only if the manufacturer genuinely qualifies and can support its dumping calculation with complete, verifiable commercial and accounting evidence.

Client-Focused Legal Support for New Exporter Reviews in Turkey

A Turkish new exporter review can involve eligibility analysis, corporate relationships, historical exports, product scope, country of origin, dumping-margin calculations, accounting records, security deposits and customs documentation. Fırat Fesih Kaya Law Office assists foreign manufacturers and exporters seeking individual treatment under Turkish anti-dumping measures. Lawyer Fırat Fesih Kaya provides legal assistance in evaluating new-exporter eligibility, preparing review applications and supporting evidence, coordinating sales and cost information, working with Turkish importers and addressing customs and trade-remedy issues arising while the review remains pending.

Phone: +90 312 434 22 22 | Mobile: +90 532 769 22 22 | Email: info@firatfesihkaya.av.tr | Address: Mevlana Boulevard No:221, Yıldırım Tower, Office No:148, 06520 Balgat, Çankaya, Ankara, Turkey