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Anti-Dumping Investigation: Glossary

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Amicable Settlement

Amicable settlement is always encourage in any stage of proceedings. Provided, it is not prejudicial to the public interest or to parties, or contrary to laws, rules and regulations of the Commission nor against good moral or public policy. If agreed upon, the amicable settlement must be in writing, duly signed by the parties and or their counsels.

Arm’s Length Transactions

A transaction can be considered not at arm’s length if the price for the goods is affected by a commercial or other relationship; if the buyer receives a reimbursement or other benefit; or if there is any consideration payable for the goods other than their price.

Comparable Price

Comparable price is the domestic price In the exporting country at the same level of trade which is sold or offered for sale at wholesale on the date of exportation to the Philippines.

Causal Linkage

A “causal link” must exist between the injury being suffered by the domestic industry and the imports, i.e., it must be clear that injury experienced is directly attributable to the alleged dumping.

Counsel of Record

Any person who signs a document on behalf of any party from the date of filing and continuing until a change, if any, is made by serving the Commission a Notice of Change of Counsel, signed by the new counsel and agreed by the previous counsel.

Currency Conversion

When the comparison between export price and normal value requires a conversion of currencies, such conversion should be made using the rate of exchange rate on the date of sale which normally be the date of contract, purchase order, confirmation of order, or invoice, whichever establishes the material terms of sale.

D

Domestic Industry

Domestic industry refers to the domestic producers of like articles as a whole or to those whose collective output of the articles constitutes a major proportion of the total domestic production of those articles in the industry concerned; except, when producers are related to the exporters or importers or are themselves importers of the alleged dumped articles, the term “domestic industry may be interpreted as referring to the rest of the producers.

De Minimis

Term used to describe a dumping margin less than 2% of export price.

Dumping Margin

Dumping margin is the amount by which the normal value exceeds the export price of the articles. To ensure a proper comparison between normal value and export price, the normal value must be adjusted to account for differences between the domestic and the export sale, e.g., differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which affect price comparability.

I

Interested Parties

Interested parties, for purposes of this investigation, include applicants or the person representing the domestic industry; domestic manufacturers of the like articles, importers and/or exporters of the product, government of the exporting country; industrial users and/or representative consumer organization in cases where the product is sold at the retail level.

Material Injury

The injury test involves an objective examination of a range of factors. It is assessed across the total domestic industry and not on a company specific basis. There is no fixed quantitative benchmark used to interpret the term “material”.

N

Negligible Imports

The volume of dumped imports is considered negligible if it accounts for less than 3% of imports of like articles, unless, countries which individually account for less than 3% collectively account for more than 7% of the total imports of like articles.

P

Preliminary Report of Finding

A report issued by the DTI-BIS or DA following consideration of an application for the imposition of anti-dumping measures. It contains the preliminary finding and the recommendation concerning provisional measures.

Price Depression

Price depression or erosion occurs when selling prices of the local product are reduced to meet dumped import prices.

Price Suppression

Price suppression occurs when price increases for the local product that would have otherwise occurred are prevented.

Price Undercutting

Price undercutting occurs when or exporter offers to sell at a lower price than the price for the comparable local product.

Prima Facie Determination

Within twenty-five (25) days from the date an application is received, the DTI-BIS evaluates the data submitted/gathered and determine whether or not a prima facie case of dumping exists as to warrant initiation of a dumping investigation.

Provisional Measures

A cash or documentary security imposed following preliminary finding, pending the Commission’s final finding. It may be applied no sooner than sixty (60) days after the initiation of the case, and its application shall normally not exceed four (4) months or, under certain conditions, to a minimum period of nine (9) months.

R

Report of Findings

A report submitted by the Tariff Commission to the Secretary within one hundred twenty (120)days from receipt of the records of the case, setting out its findings on the investigation.

Retardation

To support a protest of retardation, there must be a convincing evidence of the forthcoming establishment of the industry (mere plans are not enough), e.g., the necessary machineries have already been installed ready for production, an orders for raw materials have already been made, etc.

S

Threat of Material Injury

When exploring the existence of a threat of material injury, a range of factors is taken into account. No one of the given indicators by itself can necessarily give decisive guidance but the totality of the factors considered must lead to the conclusion that further dumped exports are imminent and that, unless protective action is taken, material injury would occur.

U

Undertaking

An agreement made by an exporter or government to conduct future export trade in terms acceptable to the Philippine authorities, e.g., exporters under investigation undertake to align their export price s to their normal values. Once such an agreement has been concluded, the proceedings may be suspended or terminated.