Section. 1. This
Act shall be known as the "Anti-Dumping Act of 1994."
"Sec. 301. Dumping Duty. -
"a. Whenever the Secretary of Finance or the Secretary of Trade and Industry (hereinafter called the 'Secretary') receives an anti-dumping petition from the domestic industry or the Secretary has reason to believe, from any invoice or other document or newspaper, magazine or information or translation thereof by any reputable language translator made available by any government agency or interested party, that a specific kind or class of foreign article, is being imported into, or sold or is likely to be sold in the Philippines, at a price less than its normal value, the importation or sale of which might injure, or retard the establishment of, or is likely to injure an industry producing like articles in the Philippines, the Secretary shall, within twenty (20) days from receipt of such petition or information, determine a prima facie case of dumping. Within five (5) days from such receipt, he will notify the protestee-importer and require him to submit within ten (10) days from such notice evidence from the producer of the imported article duly authenticated by the Philippine consular or trade office to support the normal value of such product. If no such evidence is submitted within the prescribed period, the Secretary shall base his decision on the available pertinent data.
"Pending determination of a prima facie case of dumping, the petitioner may petition that the release from the Bureau of Customs of the alleged dumped product be withheld. If the Secretary determines that on the face of the petition and documents presented, there exists an imminent danger of injury to a particular industry as a result of the alleged dumping, he shall direct the Commissioner of Customs to hold the release of the questioned importation, upon filing by the petitioner of a bond equal to the alleged margin of dumping. The bond shall answer for damages which the importer may suffer as a result of the holding of the release of the questioned importation, in case the Secretary finds that there is no prima facie case. However, the petitioner's liability for damages shall not exceed the amount of his bond. This bond shall be cancelled once a prima facie case has been determined by the Secretary. The Secretary may, motu proprio, hold the release of the questioned articles based on his information that an imminent danger of injury exists to a particular industry as a result of the alleged dumping.
"The Secretary upon the determination of a prima facie case of dumping shall so advise the Tariff Commission (hereinafter called the 'Commission') and shall instruct the Commissioner of Customs to hold the release of the goods or articles in question, unless the protestee/importer shall have filed a cash bond not less than the provisionally estimated dumping duty plus the applicable regular duty based on the documentary evidence submitted with the dumping protest, to answer for the payment of such duties, fees and charges if a dumping case is established. If the protest is dismissed, the cash deposit shall be returned to the importer within ten (10) days from the finality of the order.
"The Secretary shall have the discretion to exclude related parties from the domestic industry. A producer and an exporter or importer are related if the producer directly or indirectly controls either the exporter or the importer; the exporter or the importer directly or indirectly controls the producer; a third party directly or indirectly controls the producer and exporter or importer; or the producer and the exporter or importer directly or indirectly control a third party and there is reason to believe that the relationship causes the producer to act differently than an unrelated producer would act.
"b. The Commission,
upon receipt of the advice from the Secretary shall conduct an
"2. Ascertain the difference, if any, between the export price and the normal value of the article.
"3. Determine if, as a result thereof, a domestic industry producing like articles in the Philippines suffers, or will be threatened with, injury, or will suffer a material retardation in the establishment of a domestic industry in the Philippines: Provided, That in determining whether the domestic industry has suffered or is being threatened with injury, the Commission shall determine whether the wholesale prices at which the domestic articles are sold are reasonable, taking into account the cost of raw materials, labor, overhead, a fair return on investment and the overall efficiency of the industry; and/or whether a further importation of such articles and/or like articles are clearly foreseen and imminent considering such relevant factors as:
"(b) Reasonable likelihood of increased importations; or
"(c) Freely disposable or increased capacity of the exporter of such imported articles; or
"(d) Import prices which will have a significant depressing or suppressing effect on domestic prices: Provided, further, That in determining whether a domestic industry that will produce like articles is being retarded in its establishment, there must be evidence of the forthcoming commercial operation of the industry: Provided, finally, That in determining injury, the following shall also be considered:
"ii. The volume of dumped imports and their effects on prices in the domestic market for like articles: Provided, That the Commission shall determine the consequent impact of these imports on domestic producers by considering relevant economic factors and indices such as:
"(b) Five percent (5%) decline in the volume of production as compared to the average monthly volume of production for the immediately preceding three (3) months; or
"(c) Actual and potential negative effects on employment and inventories of the subject articles.
"Within five (5) days from the receipt of the advice from the Secretary of Finance, the Commission shall identify all parties concerned and require them to submit their respective memoranda within fifteen (15) days from notice.
"C. The Commission shall terminate its investigation within ninety (90) days from receipt of the aforesaid advice and shall submit its findings to the Special Committee on Anti-Dumping (hereinafter referred to as 'Special Committee') within sixty (60) days from the termination of its investigation: Provided, That the Commission shall give notice to interested parties of such findings submitted to the special committee.
"In case any
or all of the parties on record fail to submit their respective
within the period prescribed above, the Commission shall base its
on the best available evidence.
"D. The Special Committee shall, within fifteen (15) days after receipt of the report of the Commission, decide whether the article in question is being imported in violation of this section and shall give due notice of such decision. In case the decision of dumping is in the affirmative, the special committee shall direct the Commissioner of Customs to cause the dumping duty, to be levied, collected and paid, as prescribed in this section, in addition to any other duties, taxes and charges imposed by law on such article, and on the articles of the same specific kind or class subsequently imported under similar circumstances coming from the specific country.
"In the event
that the Special Committee fails to decide within the period prescribed
herein, the recommendation of the Commission shall be deemed approved
shall be final and executory.
investigation and final decision of the case, the article in question,
and articles of the same specific kind or class subsequently imported
similar circumstances, shall be released to the owner, importer,
or agent upon the giving of a cash bond in an amount not less than the
provisionally estimated difference between the actual export price and
the normal value including the applicable regular duty as prescribed in
paragraph "a" above.
"H. Any interested
party of record who is dissatisfied with a decision in a dumping
may file a motion for reconsideration with the Special Committee within
thirty (30) days from notice of such decision: Provided, That no
motion for extension of time to file a motion for reconsideration under
this sub-section shall be allowed.
"J. (1) The article, if it has not been previously released under cash bonds as provided for in subsection 'F' hereof, shall be released after payment by the party concerned of the corresponding dumping duty in addition to any ordinary duties, taxes, and charges, if any, or re-exported by the owner, importer, consignee or agent, at his option and expense, upon the filing of a cash bond in an amount not less than the provisionally estimated difference between the actual export price and the normal value plus the applicable regular duty conditioned upon presentation of landing certificate issued by a consular officer of the Philippines at the country of destination; or
"(2) If the
article has been previously released under cash bond, as provided in
'F' hereof, the party concerned shall be required to pay the
dumping duty in addition to any ordinary duties, taxes, and charges, if
"L. The established dumping duty shall be subject to adjustment based on whichever is higher of the prevailing normal values as defined in paragraph b-1. The Commission shall conduct quarterly examination and/or verification of the normal value to sustain the necessity of adjustment. Should the Special Committee, upon receipt of the report of the Commission, find that there is a need for an adjustment after a public hearing it shall advise the Commissioner of Customs so that he may effect the necessary adjustment in dumping duty.
Finance Attache' or, in the absence thereof, the Commercial Attache'
Trade Attache' or, in the absence thereof, the diplomatic officer or
officer abroad shall be advised by the Special Committee of any article
covered by dumping decision. The concerned Attache' or the
shall submit quarterly report on normal values of said articles to the
"N. Any dumping decision promulgated by the Special Committee shall be effective for a period of five (5) years from the time of its promulgation except upon the representation of the interested party of the necessity to continue the implementation of said decision, in which case, the Special Committee shall advise the Commission to conduct an investigation to determine whether any of the conditions in paragraphs b-1 and b-3 still exists. The action for extension shall be brought before the Special Committee at least six (6) months before the expiration of the period.
of the Commission shall be submitted to the special committee at least
three (3) months before the expiration of the period but in no case
it exceed one (1) month after receipt of the advice from the Special
production" of an imported article shall be the sum of:
"(b) The actual administrative, selling and general expenses at least ten percent (10%) of production costs incurred by the exporter or producer of articles and/or like articles;
of all containers and coverings, and all other costs, charges and
incident to placing the particular article under consideration in
packed ready for shipment to the Philippines but not less than one
(1%) of production costs; and
"3. 'Domestic industry' shall refer to the domestic producers of like articles as a whole or to those whose collective output of the products constitute a significant share of the total domestic production of those products in the industry concerned, except, when producers are related to the exporters or importers, the term "domestic industry" may be interpreted as referring to the rest of the producers;
"4. 'Export price' of an imported article shall be the price at which such article has been purchased or agreed to be purchased, prior to the time of exportation, by the person by whom or for whose account the article is imported, plus, when not included in such price:
"(b) The amount of any import duties imposed by the country of exportation which have not been collected, by reason of the exportation of the article to the Philippines; and
"(c) The amount of any taxes imposed in the country of exportation upon the manufacturer, producer or seller, in respect to the manufacture, production, or sale of the article which have been rebated, or which have not been collected by reasons of the exportation of the articles to the Philippines.
"Any additional costs, charges and expenses incident to bringing the article from the place of shipment in the country of exportation to the place of delivery in the Philippines, and Philippine customs duties imposed thereon shall not be included.
article' shall mean a product which is identical or alike in all
to the article under consideration or one substantially of the same
or although of different composition or material serves the same or
purpose, such as a substitute, as the articles produced in the
"P. The Secretary of Finance in consultation with the special committee on anti-dumping and the Commission shall promulgate all rules and regulations necessary to carry out their respective functions under this section."
Sec. 4. Separability clause. - If, for any reason, any section or provision of this Act or the application of such section or provision to any person or circumstance is declared unconstitutional or invalid, no other section or provision of this Act shall be affected thereby.
Sec. 5. Repealing clause. - Section 301, Part 2, Title II, Book I of the Tariff and Customs Code, as amended, Presidential Decree No. 1999, Executive Order No. 1073, and all other laws, orders, decrees, issuances, rules and regulations related to dumping which are inconsistent with this Act are hereby repealed or modified accordingly.
Sec. 6. This Act shall take effect two (2) days after its publication in the Official Gazette or in at least two (2) national newspapers of general circulation whichever comes earlier.
Approved: December 21, 1994.
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