Question & AnswerQ&A (TC COMMISSION ORDER NO. 00-01)
The commencement of a formal investigation is triggered upon receipt of the report of preliminary findings of dumping, including the records of the case, from the Secretary of Trade and Industry or Secretary of Agriculture.
The Commission aims to determine: 1) if the domestic product is identical or alike to the allegedly dumped product, 2) if the dumped product is sold at less than normal value, 3) the presence and extent of material injury or threat to the domestic industry, 4) the causal relationship between the dumped product and injury, 5) the anti-dumping duty to be imposed, and 6) the duration of the anti-dumping duty.
The investigation is fact-finding and administrative in nature, relying on positive evidence or verified direct evidence. It is conducted in a summary manner, and technical rules of evidence applicable in regular courts do not apply.
Within three working days from receipt of the preliminary findings, the Commission must publish a public notice in two newspapers of general circulation and notify all parties on record in writing of the formal investigation and preliminary conference details.
Parties who submitted answers to initial questionnaires before the Bureau of Import Services generally have legal personality to appear. Others may request inclusion by filing a Motion for Inclusion and submitting relevant verifiable data, subject to the Presiding Officer's discretion.
A price undertaking is a proposal by parties to settle the case by agreeing on prices consistent with the law and WTO rules. It can be entertained at any stage of the investigation, provided it is not prejudicial to public interest and must be approved by the Secretary upon the Commission's recommendation.
The Commission may request information from government agencies, conduct ocular inspections, verify records and facilities, correspond with interested parties, and require access to books and records of interested parties.
Information marked confidential must be accompanied by a non-confidential summary made available to parties on record. The Commission decides whether confidentiality is granted, and conflicts regarding confidentiality are resolved by the Commission's ruling.
Public Consultation lasts up to five days, allowing interested parties to present evidence under oath. Clarificatory questions are structured with the Presiding Officer controlling the process. Parties who do not submit a list of issues may have less priority. Attendance of principal parties and counsels is required on the first day.
The investigation shall be terminated if the estimated margin of dumping is less than two percent of export price or the volume of dumped imports is negligible (less than three percent of average monthly imports), except where collective imports from multiple countries surpass seven percent.