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On the new Anti- Dumping Law (RA 7843)


1.
Q.
What is dumping and when does it occur ?
 
A:
Dumping is an unfair trade practice that occurs when a product or merchandise is imported into the country. To be considered dumping two conditions must be met: (a) the price of the imported item or merchandise is less than its normal value in the country where it comes from; and (b) the imported goods can cause harm or impede the establishment of the domestic or local industry making the same or similar article.
 
2.
Q.
What is an imported product's "normal value"?
 
A:
The normal value of an imported product is its comparable price when sold in the country where it is produced or the exporting country.
 
3.
Q.
What is its " comparable price"?
 
A:
Comparable price means the domestic price of the imported product in the country of manufacture or origin. This price is usually the exfactory price at the time it is sold or offered for export to an importer in the country of destination, in this case, the Philippines.
 
4.
Q.
What are the essential elements that constitute dumping?
 
A:

Three elements need to be present:

  • Price difference between the actual purchase price paid by the importer and its normal price in the country of origin;
  • Injury or harm to the local industry;
  • A casual link to show that injury to the local industry is directly due to dumping.
5.
Q.
What products are subject to anti-dumping protest?
A:

All products imported into the Philippines may be subjected to an anti-dumping protest, except:

  • Products imported by or consigned to government agencies to help stabilize or supplement shortages in the country;
  • Conditionally duty-free importations allowed under Section 105 of the amended philippine Tariff and Customs Code.
6.
Q.
Who may file an anti-dumping protest?
 
A:
Under the anti-dumping law (RA 7843) any domestic producer or producers association who is unduly affected by dumping may file a protest against the exporting country of the product that is dumped.
 
7.
Q.
Where are anti-dumping protests filed?
 
A:
An anti-dumping protest shall be filed in writing with the Revenue Operations Group of the Department of Finance (DOF).
 
8.
Q.
What information are needed to support the protest?
 
A:

For an anti-dumping protest to proceed, the following information must be provided:

  • Specific description of the product under protest;
  • Country of manufacture or production;
  • Country of last export sale or origin of shipment;
  • Purchase or export price of goods under protest or C&F price Philippine port minus shipping/transport costs;
  • Normal value of imported product;
  • Proof of actual damage or threat of injury to the domestic industry;
  • Name and address of the importer;
  • Identity and Profile of Protesting domestic industry / association/ federation and its current principal officers;
  • Volume and Value of the alleged dumped products ;
  • Actual production and production capacity of protesting industry/ association/ federation for the last 12 months;
  • Audited financial report of a domestic producer or a member-producer of a producers association for the preceding three years.
9.
Q.
Is there a fee imposed when filing an anti-dumping protest?
 
A:
There is no filing fee imposed in anti-dumping protest. It is advisable , however, to get a lawyer with experience in dumping laws to facilitate compliance with the procedural and substantive requirements.
 
10.
Q.
How is an anti-dumping investigation conducted?
 
A:

There are two phases in the investigation of anti-dumping protests:

  1. Preliminary investigation. This includes consultation and clarification to determine whether there is a prima facie case or whether the protest in fact meets the elements that constitute dumping so that a formal investigation is justified. This is done by the Bureau of Import Services (BIS) under the Department of Trade and Industry (DTI);

  2. Formal investigation is the administrative and fact finding proceeding which includes filling up questionnaires designed to gather transaction data and other information useful in the overall evaluation of the case. This is done by the Tariff Commission.
11.
Q.
When is an evidence considered "prima facie"?
 
A:
An evidence is "prima facie" when the difference between the purchase price and the normal value of the imported product in question is established. The investigation, however, is not only confined to the price difference but will also include overall evaluation of other documents and data to support a presumption that dumping indeed has occured or is occuring.
 
12.
Q.
What is the coverage of the investigation?
 
A:
All shipments/importations of the product under protest from the same countryof origin within 150 days prior to the formal filing of the protest are covered in the preliminary investigation.
 
13.
Q.
What is done to shipment in question while the investigation is going on?
 
A:
Shipments under a dumping protest may stll be released provided the importer puts up or deposits an anti-dumping bond equivalent to the amount of the estimated margin of dumping.

 

 

 

 


   
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