ANTI-DUMPING (301) PROCEDURES

Republic of the Philippines


Department of Finance (DOFF)
Receives application and determines whether or not the protest is proper in form and substance and whether documentary requirements are met. Application form (DOF Form No. 6: Dumping Protest) can be secured from its Revenue Operations Group Division.

Department of Trade and Industry (DTI) - Bureau of Import Services (BIS)
Determines whether or not a prima facie case exists as to warrant initiation of a dumping investigation. Initiates an inquiry and, for purposes of determining whether or not provisional measures may be imposed, makes a preliminary finding of dumping.

Tariff Commission
Conducts formal investigation and, upon findings, submits report of findings and recommendations to Special Committee.

Special Committee on Anti-Dumping
Evaluates the report of the Tariff Commission and makes a decision as to whether or not there is dumping.

Flowchart on Anti-Dumping Investigation
See Annex C

Commencement of Investigation
Upon receipt of advice from the Secretary of Trade and Industry (the Secretary) by the Commission to conduct formal investigation.

Nature of Investigation
Administrative and fact-finding wherein the quantum of proof necessary is mere substantial evidence.

Procedures of Investigation
Flowchart for Procedures on Anti-Dumping Investigation (See Annex D) Outline of schedule of activities pursuant to the Commission Order No. 96 - 01 (See Annex E)

Period of Investigation
Ninety (90) working days from receipt of the advice; and sixty (60) working days, thereafter, to prepare report of findings and recommendation.

Motu Propio Termination
No industry support. De minimis dumping margin (company-based) - Less than 2% of export price Negligible volume of dumped imports (country-based) - Individual less than 3% of imports of like articles - Aggregate not greater than 7% of the total imports of like articles. Negligible injury.

Fees
Costs of investigation P 5,000.00 Costs of other documents (excluding transcript of public hearing) per page P 1.50