ANTI DUMPING ACT OF 1999
Download as PDF
Download as Word
Collections
Create new Collection
Overview
Full Text
Details
Case
Agency Issuance Number
Published Date
ANTI DUMPING ACT OF 1999
Republic Act No. 8752
August 12, 1999
Case Overview and Summary
Summary of the Anti-Dumping Act of 1999Policy and Purpose (Section 2):
- Protect domestic enterprises against unfair foreign competition and trade practices.
- Strengthen and make remedies available to domestic enterprises responsive to recent developments in world trade.
Anti-Dumping Duty (Section 3):
- Imposed on imported products sold at an export price less than its normal value in the exporting country, causing or threatening material injury to domestic industry.
- Duty equal to the margin of dumping, but may be less if adequate to remove injury.
- Decision to impose remains the prerogative of the Tariff Commission, considering consumer welfare and related industries.
Initiation of Action (Section 3(b)):
- Investigation initiated upon written application from domestic industry with evidence of dumping, injury, and causal link.
- Application requirements: identity of applicant, description of product, exporter information, normal value information, and import volume and price effects.
- Support required from domestic producers accounting for at least 25% of total production.
Preliminary Determination (Section 3(f)):
- Secretary to make preliminary determination within 30 working days of receiving responses.
- Determine price difference, presence and extent of material injury or threat, and causal link.
- If affirmative, instruct Bureau of Customs to impose provisional cash bond equal to estimated anti-dumping duty for up to 4 months (extendable to 6 months).
Termination of Investigation (Section 3(g)):
- Investigation terminated if margin of dumping is less than 2% of export price or volume of dumped imports is negligible (less than 3% of total imports).
Formal Investigation by Tariff Commission (Section 3(h)):
- Determine if product is imported at less than normal value, extent of material injury or threat, causal link, anti-dumping duty to be imposed, and duration.
- To be completed within 120 days from receipt of records.
Material Injury Determination (Section 3(i)):
- Based on rate and amount of imports, price effects, and impact on domestic industry (output, sales, profits, etc.).
- Threat of injury based on imminent, substantial increase in imports at depressing prices.
Voluntary Price Undertaking (Section 3(j)):
- Investigation may be suspended or terminated upon exporter's undertaking to increase price or cease dumping, eliminating injury.
Cumulation of Imports (Section 3(k)):
- Effects of imports from multiple countries may be cumulatively assessed if certain conditions are met.
Imposition and Retroactivity of Anti-Dumping Duty (Sections 3(l) and 3(m)):
- Secretary to issue order imposing duty within 10 days of Commission's affirmative final determination.
- Duty may be levied retroactively from date of cash bond imposition if certain conditions are met.
Computation of Anti-Dumping Duty (Section 3(n)):
- Individual margins determined for each known exporter or producer, or based on samples if impracticable.
- Accelerated review for new exporters or producers.
Duration and Review (Section 3(o)):
- Duty remains in force only as long as necessary to counteract dumping causing injury.
- Review upon Secretary's direction or interested party's petition after reasonable period.
- Duty not to exceed 5 years unless review finds likelihood of continued dumping and injury.
Judicial Review (Section 3(p)):
- Interested parties may file petition for review with Court of Tax Appeals within 30 days of final ruling.
Public Notices (Section 3(q)):
- Secretary or Commission to inform interested parties and give public notices at various stages.
Report from Bureau of Customs (Section 3(r)):
- Commissioner of Customs to submit monthly reports on importations of products susceptible to unfair trade practices.
Definitions (Section 3(s)):
- Defines terms such as anti-dumping duty, export price, normal value, domestic industry, dumped import/product, like product, and non-selected exporter or producer.
Penalties (Section 4):
- Failure of officials to prosecute, investigate, and initiate action against exporter is ground for dismissal and other sanctions.
- Failure of Customs officials to collect cash bond or duty is prima facie evidence of dereliction of duty, punishable by removal.
- Importer's license may be revoked, officers disqualified, and fine imposed for those found guilty of dumping.
Annual Report and Oversight (Sections 5 and 6):
- Use of funds subject to regular audit by Commission on Audit and annual report to Congress.
- Congressional Oversight Committee composed of Chairmen of Trade and Industry Committees and Members from Ways and Means Committees.
Rules and Regulations (Section 7):
- Inter-agency committee to promulgate necessary rules and regulations.
Repealing and Separability Clauses (Sections 8 and 9):
- Repeals inconsistent laws and provisions.
- Separability clause for provisions declared invalid.
Effectivity (Section 10):
- Act takes effect 15 days after publication in at least two newspapers of general circulation.
Amends
n/a
Amended by
n/a
Tags
Statutes
Republic Acts
anti-dumping duty
dumping
domestic industry
material injury
threat of injury
export price
normal value
margin of dumping
preliminary determination
formal investigation
tariff commission
voluntary price undertaking
cumulation of imports
retroactivity
computation of duty
duration and review
judicial review
public notices
bureau of customs
definitions
penalties
annual report
congressional oversight
rules and regulations
repealing clause
separability clause
effectivity
Law
ANTI DUMPING ACT OF 1999
Republic Act No. 8752
•August 12, 1999
Republic of the Philippines
Congress of the Philippines
Metro Manila
Eleventh Congress
Republic Act No. 8752 August 12, 1999
AN ACT PROVIDING THE RULES FOR THE IMPOSITION OF AN ANTI-DUMPING DUTY, AMENDING FOR THE PURPOSE SECTION 301, PART 2, TITLE II, BOOK I OF THE TARIFF AND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED BY REPUBLIC ACT NO. 7843, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. This Act shall be known as the "Anti-Dumping Act of 1999."
Section 2. It is hereby declared the policy of the State to protect domestic enterprises against unfair foreign competition and trade practices. Towards this end, substantive and procedural remedies available to domestic enterprises shall be strengthened and made responsive to recent developments in world trade.
Section 3. Section 301, Part 2, Title II, Book I of the Tariff and Customs Code of the Philippines, as amended, is hereby further amended to read as follows:
"PART 2....
Login to see full content
Amends
n/a
Amended by
n/a