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ANTI-DUMPING MEASURES

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roxane abarientos

on 13 August 2014

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Transcript of ANTI-DUMPING MEASURES

ANTI-DUMPING MEASURES
What is Anti-Dumping Measures?
21. What information are required when applying for the levy of anti-dumping duty?
What information are required when applying for the levy of anti-dumping duty?
DUMPING
C.
Bureau of Customs
– takes charge in the imposition of the anti- dumping measures.
DUMPING is a form of
PRICE DISCRIMINATION
between two national markets
What are the articles covered by an anti-dumping protest?
A dumping protest may cover any specific kind or class of a
foreign produc
t, which is being imported, sold, into the Philippines at price less than its normal value, the importation of which might injure or retard the establishment of, or is likely to injure, an industry producing like products in the Philippines.
Republic Act no. 8752
, otherwise known as the
Anti-Dumping Act of 1999
was signed on August 12, 1999 and took effect on
September 4, 1999
. It
amended Section 301 of TCCP
, which provides
protection to a domestic industry which is being injured, by the dumping of products imported or sold in the Philippines.
Are there any importations exempted from anti-dumping protest?
 To
transform
the domestic anti-dumping law into a more workable and simple piece of legislation providing the safety nets against the inflow of cheap dumped imports;
 To
strengthen
the rules governing the investigation of anti-dumping cases; and
 To
align
the domestic law with the WTO Agreement on Anti-Dumping Practices (Art. VI of the GATT 1994).
Yes. The following shipments and/or consignments shall not be subject to anti-dumping protest:
• Products imported by, or consigned to, government agencies not organized for profit and particularly designated by law or proper authorities to import, directly or through awards, such articles as would stabilize and/or supplement shortages;
• Conditionally duty-free importations enumerated under Sec 105 of the TCCP, as amended.
What other issuances were promulgated to implement RA 8752?
17. Who may file an anti – dumping protest
What constitutes a domestic industry?
Domestic industry refers to the domestic producers of like products as a whole or to those whose collective output of the products constitutes a major proportion of the total domestic production of those products in the industry concerned.
Anti-dumping measures is a
trade remedy measure adopted by the government to protect the domestic
industry
against
unfair trade practice

caused by dumping.
What is DUMPING?
prices lower than in their own national Markets; or
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.
Dumping occurs when FOREIGN producers
sell their products to an importer
in the domestic market at:
What is Anti-Dumping Act of 1999?
What were the rationale for the passage of RA 8752?
 Joint Administrative Order No. 01, series of 2000- Implementing Rules and Regulations of RA 8752 which took effect on July 10, 2010.
 Tariff Commission Order No. 00-01 – prescribes the internal rules and regulations governing the conduct of formal investigation by the Tariff Commission under Sec. 301 of the TCCP as amended by RA 8752. The order took effect on July 5, 2000.

A. Department of Trade and Industry –Bureau of Import Services
(DTI-BIS)
or Department of Agriculture – receives the properly documents application (DTI for
industrial goods

and DA for
agriculture

products
); determines whether or not a prima facie case exists to warrant initiation of investigation; and conducts preliminary investigation to determine whether or not provisional measures (dumping bond) may be imposed.
The Secretary of either Department issues the Department Order on the results of investigation and implementation thereof.

B.
Tariff Commission
– conducts the formal investigation and makes the final determination for purposes of
the imposition of the definitive
anti – dumping duty.
A protest may be filed by, or on behalf of, the domestic industry, in writing and embodied in a notarized form.
Under the law, the applicant (protestant) is
required to post a surety bond
to answer for any damages which the importer/protestee may sustain by reason of the filing of frivolous petition, to be released only upon affirmative preliminary determination.

What is the threshold of support by producers for the protest to be accepted?
• Support by domestic producers whose collective
output constitutes
more than 50% of the total production of the like products produced by the domestic industry; and
• Support by producers accounting for
at least 25% of the total domestic production of the product alleged to be dumped.


Under what condition an anti-dumping investigation can be initiated without a written application from the domestic industry.
In special circumstances, DTI or 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.
What information are required when applying for the levy of anti-dumping duty?
• Volume of the domestic production of the producers making the application;
• Description of the alleged dumped product.
• Names of the exporting countries, each known exporter or foreign producer, and a list of the importers of the products; and
• Information on dumping such as (i) prices at which the product is sold in the domestic market of the exporting country, and export prices; (ii) injury and causality; (iii) volume of dumped imports; and (iv) adverse effects of such imports on domestic prices and on the domestic industries.

• Volume of the domestic production of the producers making
the application;
• Description of the alleged dumped product.
• Names of the exporting countries, each known exporter or foreign producer, and a list of the importers of the products; and
• Information on dumping such as (i) prices at which the product is sold in the domestic market of the exporting country, and export prices; (ii) injury and causality; (iii) volume of dumped imports; and (iv) adverse effects of such imports on domestic prices and on the domestic industries.

Which government agencies administer the anti dumping legislation?
• Volume of the domestic production of the producers making
the application;
• Description of the alleged dumped product.
• Names of the exporting countries, each known exporter or foreign producer, and a list of the importers of the products; and
• Information on dumping such as (i) prices at which the product is sold in the domestic market of the exporting country, and export prices; (ii) injury and causality; (iii) volume of dumped imports; and (iv) adverse effects of such imports on domestic prices and on the domestic industries.

Stages in an anti-dumping investigation
a.
Prima Facie Determination.
The DTI-BIS or DA, upon acceptance of the properly documented protest/application, has 5 working days to decide whether the facts would constitute a dumping case.
b
.
Preliminary Determination.
Once a prima facie case has been established, DTI-BIS or DA initiates the investigation, which includes notification to the government of the country of export or origin and all known interested parties. DTI or DA has 30 working days from receipt of answers to the questionnaire to make it preliminary determination of the need for the imposition of a Provisional anti-dumping duty.
c. Final Determination.
In the conduct of its formal investigation, the Commission notifies all interested parties; receives representations and/or other submissions; holds preliminary conference and public consultations; and conducts on-site investigation/data verification both foreign and domestic. The commission has 120 days from receipt of the advice from either Secretary of DTI or DA to complete its investigation and submit its report of finding to the Secretary.
d. Issuance of Department Order
. Within 10 days from the receipt of the affirmative final determination by the Commission, the Secretary of DTI or DA issue a Department Order for the imposition of an anti-dumping measure, unless the secretary has earlier accepted an undertaking from the foreign exporter to increase prices or cease exportation at dumped prices.
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