Title
Anti-Dumping Act Amendments 1946
Law
Republic Act No. 32
Decision Date
Sep 25, 1946
An amendment to the Anti-Dumping Act in the Philippines grants the Insular Collector of Customs the authority to investigate and report on importations that may harm local industries, with the Secretary of Finance having the power to refuse delivery of the merchandise or impose special customs duties.

Investigation Procedure (Section 1)

  • The Insular Collector of Customs investigates suspected cases of dumping or unfair competition.
  • Grounds for investigation include belief that importation may destroy, injure, or restrain local industry or trade.
  • Investigation is conducted by a board composed of the Insular Collector of Customs, Collector of Internal Revenue, and Director of Commerce.
  • Opportunity for hearing is provided for interested parties to present evidence.
  • Board submits findings within 30 days to the Secretary of Finance for a decision.
  • Delivery of concerned merchandise is withheld pending decision, unless released under bond.

Decisions and Remedies (Section 2)

  • Secretary of Finance may refuse delivery if importation harms local industry or trade or involves unfair competition.
  • Options include ordering the merchandise to be reshipped abroad at the importer's expense or allowing importation under payment of special customs duties.
  • Special customs duties equal the difference between the foreign market value or production cost and the exporter's selling price.
  • If foreign market value or production cost unknown, the Philippine value (price in local market accounting for duties, transport, insurance, commissions, profits) is used.
  • Merchandise may be released under bond pending appeal, but Secretary may refuse release if it would harm industry or trade.

Appeal Process (Section 3)

  • Importer, owner, consignee, or agent may appeal Secretary of Finance's decision to the President within 15 days.
  • The President’s decision is final.

Enforcement after Final Decision (Section 4)

  • If no appeal or President confirms decision, and importation is disallowed, the merchandise must be exported at the importer’s expense.
  • Failure to comply results in bond forfeiture and seizure and forfeiture of the merchandise.
  • Confiscated goods are destroyed or disposed of per Administrative Code regulations.

Duties of Customs Officers (Section 5)

  • Collectors of customs at subports and customs appraisers must report cases requiring action under this law to the Insular Collector of Customs.

Rulemaking Authority (Section 6)

  • The Secretary of Finance is empowered to issue necessary rules and regulations for enforcing the Act.

Effectivity

  • Act takes effect immediately upon approval.

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