anti dumping

Question 1

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

Answer 1

dumping

Question 2

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.

Answer 2

like product

Question 3

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).

Answer 3

price difference

Question 4

means material injury to a domestic industry, threat of material injury or material retardation of the establishment of a domestic industry

Answer 4

injury

Question 5

refers to a finding that the material injury suffered by the domestic industry is the direct result of the importation of the dumped product

Answer 5

causal link

Question 6

The foreign producer’s domestic selling price is referred to as the “normal value” of the article.

Answer 6

normal value

Question 7

” 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

Answer 7

export price

Question 8

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.

Answer 8

arms length transaction

Question 9

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.

Answer 9

domestic industry

Question 10

means the domestic price 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.

Answer 10

comparable price

Question 11

the country from where the allegedly dumped product was shipped to the Philippines, regardless of the location of the seller.

Answer 11

country export

Question 12

the country where the allegedly dumped product either was wholly obtained or where the last substantial transformation took place.

Answer 12

country origin

Question 13

refers to the country of export or origin where the government (1) has a monopoly, or substantial monopoly, of trade; and (2) determines, or substantially influences, the domestic prices of the products in that country.

Answer 13

non-market economy

Question 14

refers to the extent by which the domestic producer reduces its selling price in order to compete with the allegedly dumped product.

Answer 14

price depression

Question 15

refers to the extent by which the allegedly dumped product prevents the domestic producer from increasing the selling price of its own like product to a level that will allow full recovery of its cost of production.

Answer 15

price suppression

Question 16

the extent by which the allegedly dumped product is consistently sold at a price below the domestic selling price of the like product.

Answer 16

price undercutting

Question 17

otherwise known as the “Anti-Dumping Act of 1999”,

Answer 17

RA 8752

Question 18

• receives written application and determines whether the application is proper in form and substance and whether documentary requirements are complied with;
• 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.

Answer 18

da or dti-bis

Question 19

• conducts formal investigation and submits report of findings to either Secretary for the issuance of a Department Order imposing the definitive anti-dumping duty (in case of affirmative findings).

Answer 19

tc

Question 20

• imposes the dumping bond and/or definitive duty upon receipt of the Department Order, through the Secretary of Finance.

Answer 20

boc

Question 21

In special circumstances, _______ may, on its own motion, initiate an anti-dumping investigation without having received a written application by or on behalf of a domestic industry.

Answer 21

dti or da

Question 22

the margin of dumping is de minimis, i.e. less than _%, expressed as a percentage, of the export price

Answer 22

2

Question 23

is a voluntary commitment by the exporter to increase his price or to cease exporting to the Philippines at a dumped price, thereby eliminating the material injury to the domestic industry.

Answer 23

price undertaking

Question 24

The DTI-BIS or DA, upon acceptance of the properly documented protest/application, has five (5) working days to decide whether the facts would constitute a dumping case. In its determination, the DTI-BIS or DA undertakes an in-depth evaluation of the data submitted or provided, together with any other information obtained independently.

Answer 24

Prima Facie Determination

Question 25

Once a prima facie case has been established, DTI-BIS or DA initiates the preliminary determination. Before proceeding to initiate an investigation, the DTI or DA Secretary notifies the government of the country of export or origin about the impending dumping investigation.

Answer 25

Preliminary Determination

Question 26

In the conduct of its final determination, the Commission notifies all interested parties, receives representations and/or other submissions, and holds preliminary conference and public consultations. Investigators conduct ocular plant inspection and examination of books of accounts of all concerned parties domestically and in the exporting countries.

Answer 26

Final Determination

Question 27

The DTI or DA Secretary shall, within ten (10) days from receipt of the affirmative final determination by the Commission, issue a Department Order imposing an anti-dumping duty on the dumped product, unless he has earlier accepted an undertaking from the foreign exporter to increase prices or cease exportation at dumped prices.

Answer 27

Issuance of Department Order

Question 28

Before making the final determination, the Commission is required to disclose to the interested parties (e.g. exporters or producers under investigation, their governments, and importers) the essential facts on which the decision to apply the duty is made. The parties are given five (5) days from the date of receipt of the essential facts to defend their interests in writing.

Answer 28

disclosure of essential facts

Question 29

takes the form of a provisional duty - cash or documentary security - equal to the estimated difference between the normal value and the export price of the protested article. It is applied only after the DTI-BIS or DA has made a preliminary affirmative determination no sooner than 60 days from the initiation of the case.

Answer 29

Provisional Measure

Question 30

final anti-dumping duty imposed, in addition to the regular duty and other charges, on a protested product imported from a specific country. It may be the full margin of dumping or a lesser amount adequate to remove the injury to the domestic industry.

Answer 30

Definitive Duty

Question 31

Even after it is established that dumped imports are causing injury to the domestic industry, the decision on whether the amount of duty should be the full margin of dumping or less should be made by the authorities.

Answer 31

the lesser duty rule

Question 32

Provisional anti-dumping duty – ____ months, extendible to ___ months Definitive

Answer 32

4 - 6

Question 33

It is a review that may be initiated by any interested party or upon own motion of the Commission before the “sunset date,”

Answer 33

sunset review

Question 34

It is a review conducted by the Commission, motu proprio or upon the direction of the Secretary or upon petition of any interested party

Answer 34

interim review

Question 35

It is a review carried out on an accelerated basis for the purpose of determining individual margins of dumping for new exporters (“new shippers”) in the exporting country in question which have not exported the product during the period of investigation on which the measures were based.

Answer 35

newcomer review

Question 36

What are the actions available to the aggrieved and/or interested party?

Answer 36

appeal - within thirty (30) days from receipt of notice of the final ruling