ANTI-DUMPING Flashcards
RA 8752
ANTI-DUMPING ACT OF 1999
LEGISLATION
RA 8752 otherwise known as the “Anti Dumping Act of 1999” was signed on
August 12, 1999
LEGISLATION
RA 8752 otherwise known as the “Anti Dumping Act of 1999” was took effect on
September 4, 1999.
The Implementing Rules and Regulations (IRR) or Joint Administrative Order no. 1 s, 2000 was signed on
July 03 2000
The Implementing Rules and Regulations (IRR) or Joint Administrative Order no. 1 s, 2000 was took effect on
July 10 2000
a form of a price discrimination between two (2) national markets.
Dumping
Occurs when an exporter sells his products at a price that is lower in the foreign importing market than the price charged in the exporter’s domestic market, or at prices below cost of production.
DUMPING
The sale or importation injures or threatens to injure a domestic industry in the importing country producing like product or comparable product or retards the establishment of a potential industry in said importing country.
DUMPING
Refers to any product, commodity or article of commerce introduced into the Philippines at an export priced less than its normal value in the ordinary course of trade, for the like product, commodity or article destined for consumption in the exporting country
Dumped Import/Product
It is causing or is threatening to cause material injury to a domestic industry, or materially retarding the establishment of a domestic industry producing the like product.
Dumped Import/Product
Refers to a trade remedy measure adopted by government to protect the domestic industry against the unfair trade practice of dumping.
Anti-dumping measure
refers to a special duty imposed on the importation of a dumped product, and is the difference between the export price and the normal value of such product.
anti dumping duty
Elements Of Dumping which a 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.
Like Product
Elements Of Dumping which means material injury to a domestic industry (current injury), threat of material injury (future injury) or material retardation of the establishment of a domestic industry.
Injury
Elements Of Dumping which the 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)
Price Difference
Injury test must be based on positive evidence and shall involve an objective examination of both
(a) the volume of the dumped imports and the effect of dumped imports on prices in the domestic market for like product, and
(b) the consequent impact of these imports on the domestic producers of such products
refers to a finding that the material injury suffered by the domestic industry is the direct result of the importation of the dumped product. It must be clear that the injury suffered is directly attributable to the alleged dumping
Causal Link
Reffer to a foreign producer’s domestic selling price
normal value
It is the comparable price in the ordinary course of trade for the like product when destined for consumption in the country of export or origin.
normal value
Comparable price charged for the like product when exported to an appropriate third country;
Alternative normal value
Constructed value in the exporting country, calculated on the basis of the production costs of imported product, plus general, selling and administrative costs, and profit.
Alternative normal value
means the domestic price of the product in the exporting country at the same level of trade which is sold or offered for sale at wholesale on the date of exportation to the Philippines.
Comparable price
Price at which such product has been purchased or agreed to be purchased, at arm’s length transaction, by the person by whom or whose account the product is imported, excluding any post-exportation charges such as ocean freight and overseas insurance.
export price
Normally it refers to:
1. the ex-factory price at the point of sale for export; or
2. the price assessed at the free-on-board (F.O.B.) level (at the point of shipment) of the allegedly dumped product.
export price
When is an alternative export value is used?
-No export price as defined; or
-Export price is unreliable because of the relationship or a compensatory arrangement between the foreign exporter and the importer or a third party.
Reasonable price as may be determined by the Secretary of Trade and Industry/ Agriculture or the Commission.
Alternative export price
Constructed or deductive price based on the price at which the imported product are first resold to an independent buyer less all costs incurred between importation and resale I,e. customs duty, sales tax, selling and administrative, and profit; or
Alternative export price
Conducts formal investigation and makes the final determination for purposes of the imposition of the definitive anti-dumping duty.
Tariff Commission
Refers to a transaction where the price is not affected by any relationship between the buyer and the seller, of if there is no compensation, reimbursement, benefit, or other consideration given in respect of the price.
arm’s length transaction
Government agencies that administers the anti-dumping legislation
This Government Agencies:
-Receives the properly documented application (DTI for industrial goods and DA for agricultural goods)
Department of Trade and Industry – Bureau of Import Services (DTI-BIS) or Department of Agriculture (DA)