TRADE REMEDIES

Question 1

a specific commodity under Chapters 1 to 24 of the Harmonized System (HS) of Commodity Classification as used in the Tariff and Customs Code of the Philippines;

Answer 1

Agricultural product

Question 2

shall refer to the Tariff Commission;

Answer 2

Tariff Commission

Question 3

shall refer to natural persons or organized consumer groups who are purchasers, lessees, recipients, or prospective purchasers, lessees, recipients of consumer products, services or credit;

Answer 3

Consumers

Question 4

shall mean circumstances where there is prima facie evidence that increased imports, whether absolute or relative to domestic production, are a substantial cause of serious injury or threat thereof to the domestic industry and that delay in taking action under this Act would cause damage to the industry that would be difficult to repair;

Answer 4

Critical circumstances

Question 4

shall mean domestically produced substitutable products;

Answer 4

Directly competitive product

Question 5

shall refer to the domestic producers, as a whole, of like or directly competitive products manufactured or produced in the Philippines or those whose collective output of like or directly competitive products constitutes a major proportion of the total domestic production of those products

Answer 5

Domestic industry

Question 6

shall mean a domestic product which is identical, i.e., alike in all respects to the imported product under consideration, or in the absence of such a product, another domestic product which, although not alike in all respects, has characteristics closely resembling those of the imported product under consideration

Answer 6

Like Product

Question 7

shall include domestic producers, consumers, importers and exporters of the products under consideration;

Answer 7

Interested parties

Question 8

shall mean the percentage of the total annual volume of imports of an agricultural product to the corresponding total volume of domestic consumption of the said product in the country in the three (3) immediately preceding years for which data are available;

Answer 8

Market Access Opportunity

Question 9

is the amount of imports of an agricultural product allowed to be imported into the country at a customs duty lower than the out-quota customs duty;

Answer 9

Minimum Access Volume

Question 10

shall refer to the ability of the domestic industry to compete successfully with imports after the termination of any safeguard measure, or to the orderly transfer of resources to other productive pursuits; and to the orderly transition of dislocated workers in the industry to other productive pursuits;

Answer 10

Positive adjustment to import competition

Question 11

shall mean a significant impairment in the position of a domestic industry after evaluation by competent authorities of all relevant factors of an objective and quantifiable nature having a bearing on the situation of the industry concerned, in particular, the rate and amount of the increase in imports of the product concerned in absolute and relative terms, the share of the domestic market taken by increased imports, changes in levels of sales, production, productivity, capacity utilization, profit and losses, and employment;

Answer 11

Serious Injury

Question 12

refers to articles, commodities or goods;

Answer 12

Product

Question 13

is the amount obtained after subtracting the c.i.f. import price from the trigger price

Answer 13

Price difference

Question 14

shall refer to either the Secretary of the Department of Trade and Industry in the case of non- agricultural products or the Secretary of the Department of Agriculture in the case of agricultural products;

Answer 14

Secretary

Question 15

means a cause which is important but not less than any other cause;

Answer 15

Substantial cause

Question 16

shall be understood to mean serious injury that is imminent;

Answer 16

Threat of serious injury

Question 17

price benchmark for applying the special safeguard measure;

Answer 17

Trigger price

Question 18

is the volume benchmark for applying the special safeguard measure

Answer 18

Trigger volume

Question 19

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.

Answer 19

Dumping

Question 20

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 20

Like product

Question 21

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 21

Price Difference

Question 22

means 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 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.

Answer 22

Injury

Question 23

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.

Answer 23

Causal Link

Question 24

foreign producer's domestic selling price

Answer 24

Normal Value

Question 25

price when sold to another country

Answer 25

Export price

Question 26

the price at which such product has been purchased or agreed to be purchased, at "arm’s length transaction," by the person by whom or for whose account the product is imported, excluding any post exportation charges such as ocean freight and overseas insurance.

Answer 26

Export Price

Question 27

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 27

Arm's Length Transaction

Question 28

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 28

Domestic Industry

Question 29

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 29

Comparable price

Question 30

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

Answer 30

Country of Export

Question 31

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

Answer 31

Country of origin

Question 32

an exporter who did not export the allegedly dumped product during the investigation period

Answer 32

New foreign exporter

Question 33

foreign exporter or producer who has not been initially selected for the purpose of computing the individual margins of dumping.

Answer 33

Non selected foreign exporter

Question 34

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 34

non market economy

Question 35

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

Answer 35

Price depression

Question 36

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 36

Price suppression

Question 37

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

Answer 37

Price undercutting

Question 38

when the allegedly dumped product is not imported directly from the country of origin but is physically shipped through a third country without, however, entering into the commerce thereof.

Answer 38

Transshipment

Question 39

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 39

Price undertaking

Question 40

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. If a lesser duty is adequate to remove the injury to the domestic industry, the lesser duty should be levied.

Answer 40

Lesser duty rule

Question 41

Provisional anti-dumping duty

Answer 41

4 months extendible p to 6 months

Question 42

Provisional countervailing duty

Answer 42

4 months

Question 43

Definitive anti dumping duty

Answer 43

5 years

Question 44

Definitive countervailing duty

Answer 44

5 years

Question 45

review that may be initiated by any interested party or upon own motion of the Commission before the "sunset date," (i.e., the 5th year) to determine whether the expiry of the anti-dumping duty would likely lead to a continuation or recurrence of dumping and injury.

Answer 45

Sunset Review

Question 46

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 46

Newcomers review

Question 47

It is a review conducted by the Commission, motu proprio or upon the direction of the Secretary or upon petition of any interested party to determine whether: * the need for the continued imposition of the anti-dumping duty is no longer necessary to offset dumping taking into consideration the need to protect the existing domestic industry; or * the existing duty is not sufficient to counteract the dumping which is causing injury. At least one (1) year should have elapsed since the imposition of the anti-dumping duty before an interim review can be m

Answer 47

Interim review

Question 48

any specific assistance (e.g. financial contribution, income or price support schemes) directly or indirectly provided by the government of the country of export or origin in respect of the product imported into the Philippines.

Answer 48

subsidy

Question 49

are those which are permitted as they are of a general nature, i.e., applied across-the-board to all industries and not limited to a specific industry or enterprise or group of enterprises or industries. Subsidy, under this category, cannot be subjected to either countervailing measures or other disciplines under the Agreement

Answer 49

Non actionable or green subsidy

Question 50

those that are contingent on export performance, and subsidies that are contingent on the use of domestic over imported goods. An importing country alleging this kind of subsidy can avail of remedy measures by bringing the matter before the WTO Dispute Settlement Body for redress

Answer 50

red subsidy or prohibited

Question 51

specific subsidy aside from non actionable and prohibited

Answer 51

Actionable

Question 52

border measures that are applied to imports of a product to offset any direct or indirect subsidy granted by authorities in an exporting country where subsidised imports of that product from that country are causing injury to the domestic industry

Answer 52

Countervailing measure