EU Countervailing Duty on Turkish Trout: Rates and Rules for Importers
Quick answer
The European Union applies a definitive countervailing duty on certain rainbow trout imports from Türkiye. It was reimposed by Commission Implementing Regulation (EU) 2025/2118 (21 October 2025) following the General Court judgment in case T-122/23, applies retroactively from 9 December 2022, and remains in force in 2026. Rates vary by producer (2.8% to 4.2%), so EU importers must apply the correct company-specific rate and TARIC codes [1][2].
Key takeaways
- The countervailing duty targets certain rainbow trout (Oncorhynchus mykiss) from Türkiye, including live, fresh, chilled, frozen, and smoked forms.
- Specific weight and presentation criteria define the products subject to the duty.
- The duty rates range between 2.8% and 4.2% depending on the exporting Turkish company.
- The duty is based on the net, free-at-Union-frontier price before duty.
- Importers must use the specified TARIC codes to correctly declare goods subject to the duty.
- The legal basis stems from Regulation (EU) 2016/1037 and the General Court ruling in case T-122/23.
- Compliance requires awareness of company-specific duty rates and adherence to customs declaration obligations.
- The duty regime has a history of reviews, amendments, and extensions since its initial imposition in 2015.
Who Is Affected by the Countervailing Duty?
The EU countervailing duty on Turkish trout applies primarily to EU importers bringing in certain rainbow trout products originating from Türkiye. This includes importers, customs brokers, and compliance teams responsible for customs declarations within the EU single market. The duty specifically targets imports produced by a defined list of Turkish exporting companies, each subject to individual countervailing duty rates [2:1].
Importers sourcing from Turkish producers not listed in the regulation are subject to a general duty rate applicable to “all other companies,” which is not explicitly detailed in the latest reimposition but follows the principle established in previous regulations [3]. It is critical for importers to verify the exporting company’s status to apply the correct duty rate.
The duty applies regardless of the Member State of entry, as the Commission Implementing Regulation is directly applicable EU-wide, binding in its entirety and enforceable by all national customs authorities [4].
What Products are Subject to the Duty?
The EU countervailing duty trout measures cover certain rainbow trout (Oncorhynchus mykiss) from Türkiye with specific product and weight criteria. The products subject to the duty include:
- Live rainbow trout weighing 1.2 kg or less each.
- Fresh, chilled, frozen, and/or smoked rainbow trout in the form of whole fish (with heads on), whether or not gilled or gutted, weighing 1.2 kg or less each.
- Whole fish with heads off, whether or not gilled or gutted, weighing 1 kg or less each.
- Fillets weighing 400 g or less each.
These product forms must fall under the following Combined Nomenclature (CN) codes and corresponding TARIC codes:
- CN codes: ex 0301 91 90, ex 0302 11 80, ex 0303 14 90, ex 0304 42 90, ex 0304 82 90, ex 0305 43 00, and ex 1604 19 10.
- TARIC codes: 0301 91 90 11, 0302 11 80 11, 0303 14 90 11, 0304 42 90 10, 0304 82 90 10, 0305 43 00 11, and 1604 19 10 11.
Only products meeting these precise descriptions and codes are subject to the countervailing duty [2:2].
What are the Applicable Duty Rates and TARIC Codes?
The definitive countervailing duty rates vary depending on the Turkish exporting company. As of 9 December 2022, the following duty rates and corresponding TARIC additional codes apply:
| Company | Duty Rate | TARIC Additional Code |
|---|---|---|
| Fishark Su Ürünleri Üretim ve Sanayi Ticaret A.Ş. | 3.4% | B985 |
| Gümüşdoga Su Ürünleri Üretim Ihracat Ithalat AŞ | 4.2% | B964 |
| Özpekler İnşaat Taahhüd Dayanıklı Tüketim Malları Su Ürünleri Sanayi ve Ticaret Limited Şirketi | 3.1% | B966 |
| Selina Balık İşleme Tesisi İthalat İhracat Ticaret Anonim Şirketi | 2.8% | C889 |
| Abalıoğlu Balık ve Gıda Ürünleri A.Ş. | 3.8% | B968 |
| Bağcı Balık Gıda ve Enerji Üretimi Sanayi ve Ticaret A.Ş. | 3.8% | B977 |
Importers must declare the goods using the correct TARIC codes and additional codes to ensure the proper duty rate is applied during customs clearance. The duty is calculated on the net, free-at-Union-frontier price before duty [2:3].
Understanding the Legal Basis: General Court Judgment and Reimposition
The legal foundation for the EU countervailing duty trout regime is Regulation (EU) 2016/1037, which governs protection against subsidised imports from non-EU countries. The Commission’s authority to impose and adjust countervailing duties derives from this regulation, specifically Articles 15(1) and 24(1) [1:1].
The reimposition follows a judgment by the General Court of the European Union in case T-122/23, which led the Commission to reestablish the definitive countervailing duty on Turkish rainbow trout imports with effect from 21 October 2025; the duty remains in force in 2026 [1:2]. This decision confirms the continuation of subsidies by Turkish producers and the resulting injury to the Union industry, justifying the maintenance of the duty.
The Commission’s implementing regulations are directly applicable in all Member States, ensuring uniform enforcement of the duty throughout the EU single market [4:1].
Historical Context: Previous Reviews and Amendments
The EU countervailing duty on Turkish trout has a detailed history beginning with its initial imposition by Commission Implementing Regulation (EU) 2015/309 on 26 February 2015 [5]. Since then, the duty has undergone several reviews and amendments:
- A partial interim review in 2018 maintained the measures as originally established [1:3].
- Amendments to duty rates for specific producers occurred in 2020 [1:4].
- An expiry review in 2021 extended the measures for an additional five years, confirming the continuation of subsidisation and injury to the Union industry [3:1].
- A partial interim review in December 2022 amended the definitive countervailing duty following updated assessments [6].
- A partial interim review was terminated in March 2022, maintaining the existing measures [7].
This sequence of reviews reflects the Commission’s ongoing monitoring and adjustment of the duty to respond to market and legal developments, ensuring effective protection for EU producers [1:5][3:2][6:1][7:1].
Compliance Requirements for EU Importers
EU importers of Turkish rainbow trout must ensure full compliance with the countervailing duty measures. Key compliance obligations include:
- Verifying that the imported product matches the descriptions and TARIC codes subject to the duty.
- Identifying the exporting Turkish company to apply the correct countervailing duty rate and TARIC additional code.
- Including the appropriate duty rate in customs declarations submitted to the relevant national competent authority.
- Maintaining records of import transactions and duty payments for potential audits or verifications.
- Staying informed about any future amendments or reviews that may affect duty rates or applicable producers.
Failure to comply with these obligations may result in customs penalties, delayed clearance, or additional duties. Importers should liaise with their customs brokers and consult the relevant national customs authorities for guidance on declaration procedures [2:4][4:2].
Future Outlook: Potential for Further Reviews
The EU’s countervailing duty trout regime is subject to periodic reviews under Regulation (EU) 2016/1037, including interim and expiry reviews. These reviews assess whether subsidisation continues, the impact on the Union industry persists, and whether the measures remain in the Union interest [1:6][3:3].
Given the history of multiple reviews and amendments, further assessments and possible adjustments to the duty rates or scope may occur. Importers and stakeholders should monitor Commission communications and Official Journal publications for updates.
Additionally, legal challenges or changes in Turkish subsidy policies could influence future decisions. Maintaining vigilance and engaging with trade compliance experts is advisable to anticipate and adapt to evolving regulatory requirements [1:7][3:4].
FAQ
What is the current EU countervailing duty on Turkish trout?
The current duty ranges between 2.8% and 4.2% depending on the exporting company, applied to the net, free-at-Union-frontier price before duty [2:5].
Which Turkish companies are subject to the EU trout duty?
The duty applies to specific Turkish producers including Fishark Su Ürünleri, Gümüşdoga Su Ürünleri, Özpekler İnşaat Taahhüd, Selina Balık İşleme Tesisi, Abalıoğlu Balık ve Gıda Ürünleri, and Bağcı Balık Gıda ve Enerji Üretimi [2:6].
What types of trout from Turkey are affected by the EU duty?
Certain rainbow trout (Oncorhynchus mykiss) that are live (≤1.2 kg), or fresh, chilled, frozen, and/or smoked whole fish or fillets within specified weight limits are subject to the duty [2:7].
When did the EU reimpose countervailing duties on Turkish trout?
The definitive countervailing duty was reimposed by Commission Implementing Regulation (EU) 2025/2118 on 21 October 2025, effective retroactively from 9 December 2022 [1:8][2:8].
How do I calculate the countervailing duty on Turkish trout imports?
Calculate the duty as a percentage of the net, free-at-Union-frontier price before duty, using the company-specific rate and applying the correct TARIC additional code [2:9].
What are the TARIC codes for Turkish trout subject to EU duties?
The relevant TARIC codes are 0301 91 90 11, 0302 11 80 11, 0303 14 90 11, 0304 42 90 10, 0304 82 90 10, 0305 43 00 11, and 1604 19 10 11 [2:10].
This article provides general information on the EU countervailing duty trout regime as it applies to imports from Türkiye. Companies should consult qualified legal counsel or their national competent authority for advice tailored to their specific circumstances.
