Question & AnswerQ&A (Republic Act No. 8752)
The official short title is the "Anti-Dumping Act of 1999."
It declares the policy of the State to protect domestic enterprises against unfair foreign competition and trade practices.
The Secretary of Trade and Industry, after formal investigation and affirmative finding of the Tariff Commission.
When any product is imported into the Philippines at an export price less than its normal value in the exporting country and such dumping causes or threatens to cause material injury to a domestic industry or materially retards the establishment of a domestic industry producing the like product.
Evidence of dumping, injury, and a causal link between the dumped imports and the alleged injury, along with detailed information about the applicant, the product, exporters, normal value, and effects of dumped imports.
The application must be supported by those domestic producers whose collective output constitutes more than 50% of the total production of the like product expressing either support or opposition, and the application shall not be initiated if supporters account for less than 25% of total production.
They may be dismissed from office in addition to sanctions under the Revised Penal Code and the Anti-Graft and Corrupt Practices Act.
The duration shall not exceed five (5) years from the date of its imposition or from the most recent review unless a review finds continued necessity.
It is an agreement by the exporter or foreign producer to increase the export price or cease dumping to eliminate material injury to the domestic industry, which can lead to suspension or termination of the investigation without imposing duties.
Domestic producers as a whole of the like product or those whose collective output constitutes a major proportion of total domestic production, except when they are related to exporters or importers or themselves import the allegedly dumped product, in which case it refers to the rest of the producers.