QuestionsQuestions (BOC MEMORANDUM CIRCULAR NO. 25-95)
It directs the Bureau of Customs (BOC) not to release pending or subsequent shipments of specified imported pipe products unless a bond is posted, because a prima facie case of dumping has been found and a full investigation is warranted.
Filipino Pipe and Foundry Corporation filed the anti-dumping protest against ASA Metal Products, Inc. regarding specified hubless cast iron soil pipes and fittings.
Hubless Cast Iron Soil Pipes and fittings consisting of bends, cleanouts, plugs, reducers, coupling, elbows, wyes, hubs, crosses, tees, sweeps of all types and sizes.
It states that it appeared a prima facie case of dumping exists, warranting a full investigation.
It directs that no pending or subsequent shipment of the covered goods from Canada be released unless the required bond is provided.
To clarify that the country-of-origin (Canada) is involved, yet the anti-dumping precautionary measure still applies to prevent release absent the bond.
A bond in an amount equal to twice the estimated dutiable value of the goods must be given.
Section 301(e) of the Tariff and Customs Code, as amended.
It applies to both pending and subsequent shipments of the covered articles.
It supports the preliminary finding that dumping may be occurring, thus justifying interim customs measures (such as requiring a bond) while a full investigation is conducted.
Cesar Z. Dario, Deputy Commissioner, Internal Administration Group, signed and adopted the circular on January 17, 1995.
Actg. Sec. Romeo L. Bernardo of the Department of Finance issued the letter dated December 19, 1994.
The circular quotes and directs compliance with the Department of Finance’s directive concerning anti-dumping protest and customs release conditions.
The investigation is a full inquiry to determine dumping, while the BOC action is a preliminary measure to withhold release unless a bond is posted pending the investigation.
BOC would not release the importer’s pending or subsequent shipments of the covered goods.
Based on the directive, it covers the above-mentioned articles (described goods) from Canada in the context of the protest against ASA Metal Products, Inc., and instructs not to release pending or subsequent shipments of those goods unless the bond is posted.