Procedure Anti-Dumping Duty 20 Nov. 2014
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Transcript of Procedure Anti-Dumping Duty 20 Nov. 2014
Page 2 / Revised November 2014
1. What is dumping?
Dumping is a form of price discrimination between two national markets. It occurs when foreign producers sell their products to an importer in the domestic market at prices lower than in their own national markets, or at prices below cost of production, the sale or importation of which injures or threatens to injure a domestic industry producing like or comparable products or retards the establishment of a potential industry.
2. What is the Anti-Dumping Act of 1999?
Republic Act (R.A.) No. 8752, otherwise known as the Anti-Dumping Act of 1999, which amended Section 301 of the Tariff and Customs Code of the Philippines, as amended, provides protection to a domestic industry which is being injured, or is likely to be injured, by the dumping of products imported into or sold in the Philippines.
R.A. 8752 was signed on August 12, 1999 and took effect on September 4, 1999.
3. What are the elements of dumping?
There are four (4) elements of dumping, namely:
a. Like Product - product produced by the domestic industry which is identical or
alike in all respects to the article under consideration, or in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.
b. Price Difference - amount by which the normal value (the price prevailing in the
exporting country) exceeds the export price (selling price to an importer in the Philippines).
c. Injury - material injury to a domestic industry, threat of material injury or material
retardation of the establishment of a domestic industry. Injury test must be based on positive evidence and must involve an objective examination of both (a) the volume of the dumped imports and the effect of dumped imports on the prices of like product in the domestic market, and (b) the consequent impact of these imports on the domestic producers of such products.
d. Causal Link - must exist between the injury being suffered by the domestic
industry and the dumped imports. It must be clear that the injury suffered is directly attributable to the alleged dumping.
In an anti-dumping petition, all four (4) elements must be established.
4. Who may file an anti-dumping protest?
A protest may be filed by, or on behalf of, the domestic industry, in writing and embodied in a notarized form.
5. Are there fees to be paid for formal investigation of an anti-dumping case?
Petitions found to be meritorious under R.A. 8752 are subject to a Filing Fee of
Twenty Thousand Pesos (P20,000.00) and Legal Research Fund Fee of Two Hundred Pesos (P200.00), per case.
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6. Who else, aside from the domestic industry, may initiate an anti-dumping investigation?
In special circumstances, the Department of Trade and Industry (DTI) or Department
of Agriculture (DA) may, on its own motion, initiate an anti-dumping investigation without having received a written application by or on behalf of a domestic industry. The concerned authorities should have sufficient evidence of dumping, injury and a causal link to justify the initiation of the investigation.
7. What is the role of the Tariff Commission in anti-dumping investigations?
The Commission conducts formal investigation and submits a report of findings to either Secretary for the issuance of a Department Order imposing the definitive anti-dumping duty (in case of affirmative findings).
8. What is the timetable for the completion of a formal investigation by the
The Commission shall submit within one hundred twenty (120) calendar days from receipt of the case its Final Report of Findings and decision to the DTI Secretary (in the case of industrial goods) or to the DA Secretary (in the case of agricultural products) for the issuance of the appropriate Department Order.
The step-by-step procedure for petitions under R.A. 8752 is shown below:
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