Nature of Investigation
- Fact-finding and administrative nature requiring positive direct evidence.
- Summary manner; excludes formal court procedural rules.
- No dilatory tactics or unjustified delays allowed.
Notice of Formal Investigation
- Public notice within 3 working days via newspapers.
- Written notification to all parties and concerned agencies.
- Sets Preliminary Conference within 7 days.
Preliminary Conference
- Discusses schedules, procedures, amicable settlement options (e.g. price undertaking), witness limitations.
- Parties must have submitted preliminary questionnaires or be excluded unless allowed on motion.
- Questionnaire answers form part of evidence.
- Commission may order additional information.
- Non-attendance considered waiver of objections.
Initial Memoranda/Position Paper
- Parties submit memoranda, affidavits, documentary evidence within 15 days after Preliminary Conference.
- Copies served to opposing parties.
Price Undertaking
- Accepted at any investigation stage if consistent with law and WTO, and not prejudicial to public interest.
- Commission encourages fair settlements.
- Price undertaking formalized and requires Secretary's approval.
Methods of Obtaining Information
- Utilizes submitted records, government agencies, and external bodies.
- May demand access to parties' records.
- Includes correspondence, ocular inspection, consultations with stakeholders.
Verification/Ocular Inspection
- Parties must allow access to records and facilities.
- Can be conducted without other party present.
- Conducted promptly upon receipt of preliminary findings.
Staff Report
- Issued within 50 days from receipt of preliminary findings.
- Contains findings on product comparability, normal value, export price, dumped imports volume, injury, and verified submissions.
Comments on Staff Report
- Parties have 5 days to comment only on product comparability and price difference.
Public Consultation
- Continuous hearing for 5 days or until agreement.
- Prior submission of list of issues excluding product comparability and price difference.
- Consultation in camera when required for confidential information access.
Confidentiality of Information
- Information deemed non-confidential unless marked confidential.
- Confidential submissions must be accompanied by non-confidential summaries.
- Commission rules on confidentiality disputes.
Disclosure of Confidential Information
- Non-confidential information made available for examination.
- Confidential information generally restricted to Commission.
Public Notices
- Notices posted on bulletin and newspapers at protestant's expense.
- Includes details of protest and hearing schedules.
- Service may be personal, fax, email, or mail.
Mode of Service
- Personal or courier service for pleadings in Metro Manila.
- Fax/email allowed by agreement.
- Waivers possible for voluminous documents.
Procedure of Public Consultation
- Parties present evidence under oath.
- Clarificatory questions by parties, with presiding officer control to avoid abuse.
- Observers may participate if recognized.
- Parties instructed not to discuss case merits publicly.
Motu Proprio Termination of Investigation
- Commission terminates if dumping margin <2% or dumped imports volume negligible (<3% with exceptions).
- Public notice issued upon termination.
Principal Memoranda
- Submitted within 10 days post consultation.
- Comments due within 5 days.
- Copies served on opposing parties.
Draft Report Submission
- Draft report submitted within 100 days for collegial deliberation.
Disclosure of Essential Facts
- Parties informed of essential facts prior to final determination.
- One opportunity to comment within 5 days.
Final Report
- Final report submitted within 120 days.
- Includes facts, dumping duty decision, and consideration of public welfare.
- Commission may suspend duty imposition.
- Public version furnished to parties.
Motion for Reconsideration
- No direct filing against final Commission ruling.
- Commission acts on motions endorsed by Secretary within 10 days.
- Comments solicited from other parties if needed.
Review of Anti-Dumping Duty
- Commission may review duty imposition upon internal or Secretary's direction.
- Includes Public Consultation with applicant-funded publication.
Counsel of Record
- Counsel signing filings designated as Counsel of Record.
- Changes must be notified to Commission with consent.
- Lead and alternate counsel identified at Preliminary Conference.
Presiding Officer
- Chairperson and/or Commissioners preside over consultations.
- Executive Director or senior official may preside for scheduling matters.
Venue of Public Consultation
- Default venue: Tariff Commission Conference Room, Quezon City.
Fees
- Investigation cost: P10,000.
- Photocopy fee: P2 per document.
- Publication costs borne by protestant.
- Nonpayment may suspend the investigation.
Transcript of Proceedings
- Stenographer records and transcribes proceedings.
- Transcript certified, filed, and available for a fee.
Repealing Clause
- Repeals Tariff Commission Order No. 96-01 dated October 27, 1996.
Effectivity
- Revised Rules effective 15 days after filing with the University of the Philippines Law Center.