Title
Anti-Dumping Act of 1994: Dumping Duties
Law
Republic Act No. 7843
Decision Date
Dec 21, 1994
The Anti-Dumping Act of 1994 in the Philippines aims to protect local businesses from unfair foreign competition by imposing duties on imported goods sold below their normal value, with a process involving investigations, consultations, and appeals.
A

Q&A (Republic Act No. 7843)

The official short title is the "Anti-Dumping Act of 1994."

The policy is to protect Filipino enterprises against unfair foreign competition and trade practices by strengthening substantive and procedural remedies.

The Secretary of Finance or the Secretary of Trade and Industry.

Within twenty (20) days from receipt of such petition or information.

Evidence from the producer of the imported article duly authenticated by the Philippine consular or trade office.

If there exists an imminent danger of injury to a particular industry as a result of the alleged dumping, upon filing by the petitioner of a bond equal to the alleged margin of dumping.

The committee is composed of three members: the Secretary of Finance as chairman; the Secretary of Trade and Industry; and either the Secretary of Agriculture (if the product is agricultural) or the Secretary of Labor (if non-agricultural).

The Commission must verify if the imported article is sold below normal value, determine the price difference, and ascertain if the domestic industry suffers injury or material retardation.

Normal value is the comparable price in the ordinary course of trade for like articles when destined for domestic consumption in the exporting country.

At least a three percent (3%) increase in the volume of importation of such articles being dumped relative to the average monthly volume for the immediately preceding three (3) months.

The Commission shall motu proprio terminate its investigation.

Fifteen (15) days.

Dumping duty is the difference between the actual export price and the normal value of the article as determined in the dumping decision; it is levied in addition to other applicable duties.

Five (5) years from the time of its promulgation, with possible extension up to twenty-four (24) months upon representation and investigation.

No, only the amount of the dumping duty can be appealed to the Court of Tax Appeals; findings of fact are final and conclusive.


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