(a) The Secretary and the Commission shall determine the existence of dumping by making a fair comparison between the export price and the normal value of the allegedly dumped product, covering all transactions for the allegedly dumped product during the period of investigation (POI). In general, the POI for the determination of the margin of dumping or price difference shall cover import transactions made at least six (6) months prior to the date of filing of the petition: Provided, however, that in some cases, the POI may be adjusted to cover a shorter period in order to take into account other considerations that will ensure the appropriateness of the chosen POI, e.g., seasonality of products, availability of data, drastic increase in the importation of the dumped product, or facility in the verification of data.

(b) The comparison shall be made at the same level of trade, normally at the ex-factory level, and in respect of sales made at the same time or as near as possible to the date of exportation. Due allowance shall be made in each case for differences which affect price comparability including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics and any other differences which are also demonstrated to affect price comparability.

Where the normal value and export price as established are not comparable, adjustments can be made on the basis of the following factors:

1 . Physical characteristics, for which the amount of adjustment shall correspond to a reasonable estimate of the market value of the difference;

2. Import charges and indirect taxes, for which the adjustment shall be made to the normal value for an amount corresponding to any import charges or indirect taxes borne by the allegedly dumped product and by materials physically incorporated therein when intended for consumption in the country of export or origin and not collected or refunded in respect of the exported product;

3. Discounts, rebates, and quantities which are directly linked to the sales under consideration;

4. Level of trade, for which the adjustment shall be based on the market value of the difference which has directly affected price comparability as demonstrated by consistent and distinct differences in functions and prices of the seller for the different levels of trade in the domestic market of the country of export or origin;

5. Transport, insurance, handling, local and ancillary costs directly incurred for conveying the allegedly dumped product from the premises of the foreign exporter to the independent buyer, where such costs are included in the prices charged;

6. Packing costs directly related to the product concerned;

7. Cost of credit directly granted for the sales under consideration;

8. After sales cost such as warranties, guaranties, technical assistance, and services as provided for by law and/ or in the sales contract;

9. Commissions paid in respect of the sales under consideration; and 

10. Currency conversions as provided in letter (i) of this section.

(c) If the normal value of a product cannot be determined because of the following conditions in the domestic market of the country of export or origin:

1 . absence of sales of the allegedly dumped product in the ordinary course of domestic trade; or

2. particular market situation makes domestic sales unsuitable for proper comparison (price does not reflect a fair price in normal market conditions e.g. consignment or monopsony); or

3. volume of domestic sales is less than 5% of export sales to the Philippines. A lower ratio of domestic sales to Philippine imports may be acceptable if it is of sufficient magnitude to provide for a proper comparison. The volume sold to the domestic and export markets will be assessed over a reasonable period e.g. one year in order to avoid distortions such as seasonal fluctuations.

then, the Secretary or Commission, may determine that the normal value shall be either:

(i) the comparable price of the like product when exported to an appropriate third country provided that this price is representative; or

(ii) the constructed value or the cost of production in the country of origin plus a reasonable amount for administrative, selling and general costs and for profits.

(d) In determining whether a third country is appropriate for determining the normal value, the following criteria, among others, may be considered:

1 . volume of trade from the country of export to the selected third country is similar to the volume of trade from the country of export to the Philippines; and

2. nature of trade of the like product between the country of export and the selected third country is similar to the nature of trade between the country of export and the Philippines.

(e) Sales of the allegedly dumped product in the domestic market of the country of export or origin, or sales to a third country, at prices below per unit (fixed and variable) costs of production plus administrative, selling and general costs may be treated as not being within the ordinary course of trade by reason of price and may be disregarded in determining normal value only if it is determined that such sales are made within one (1) year and in no case less than six (6), months in substantial quantities and are at prices which do not provide for the recovery of all costs within a reasonable time period. If prices which are below per unit of costs at the time of sale are above weighted average per unit costs for the period of investigation, such prices shall be considered to provide for recovery of costs within a reasonable time period. Sales below per unit cost are made in substantial quantities when the weighted average selling price of the transaction under consideration for the determination of normal value is below the weighted average per unit costs, or that the volume of sales below per unit costs represent not less than 20 percent (20%) of the volume sold in transactions under consideration.

Examples of sales which may be considered as being outside the ordinary course of trade are sales or transactions involving off-quality merchandise or merchandise produced according to unusual product specifications, merchandise sold at irregular prices or with abnormally high profits, merchandise sold pursuant to unusual terms of sale, or merchandise sold to an affiliated party at a non-arms length transaction price.

(f)    If the normal value is based on the cost of production in the country of origin, costs shall be calculated based on records kept by the foreign exporter or producer provided that these are in accordance with the generally accepted accounting principles of the country of export or origin and reasonably reflect the costs associated with the production and sale of the allegedly dumped product. The amounts for administrative, selling and general costs and for profits shall be based on actual data pertaining to production and sales in the ordinary course of trade of the allegedly dumped product by the foreign exporter or producer. When such amounts cannot be determined on this basis, it shall be based on the actual amounts realized by the foreign exporter or producer or the weighted average of the actual amounts incurred and realized through other foreign exporters or producers or by any other reasonable method.

(g) If the normal value is based on the best information available, including the information supplied in the application, such information shall be checked, where practicable and with due regard to the time limits of the investigation, by referring to information from other independent sources which may be available, such as published price lists, official import statistics and customs returns or information obtained from other interested parties during the investigation.

(h) In the case of products imported from non-market economy countries, normal value shall be determined on the basis of the price or constructed value in a market economy third country, or the export price from such a third country to other countries or where those are not possible, on any other reasonable basis, including the price actually paid or payable in the Philippines for the like product, duly adjusted if necessary to include a reasonable profit margin.

An appropriate market economy third country shall be selected taking due account of any reliable information available at the time of selection. The applicant may nominate a comparable market economy for consideration by the Secretary or the Commission. When selecting a third country, it should have a similar costing structure, and if possible, be at a similar stage of economic development to the country of export or origin, particularly in regard to the industry under investigation. In making a comparison, factors such as gross national product, infrastructure development, manufacturing process, technical standards and production scales may be taken into account.

(i) When the comparison between normal value and export price requires a conversion of currencies, such conversion shall be made using the rate of exchange on the date of sale as stated in the contract, purchase order, order confirmation or invoice, whichever establishes the material terms of sale, provided that when a sale of foreign currency on forward markets is directly linked to the export sale involved, the rate of exchange in the forward sale shall be used. Fluctuations in exchange rates shall be ignored and foreign exporters shall be allowed at least sixty (60) days to adjust their export prices to reflect sustained movements in exchange rates during the period of investigation.

In the case where products are not imported directly from the country of origin but are exported from an intermediate country, the price at which the products are sold from the country of export to the Philippines ' shall be compared with the comparable price in the country of export. However, comparison may be made with the price in the country of origin, if the products are merely transshipped through the country of export or such products are not produced in the country of export or there is no comparable price for them in the country of export.

(k) In cases where there is no export price or where it appears that the export price is unreliable because of a relationship or a compensatory arrangement  between the foreign exporter and the importer or a third party, the export price may be constructed on the basis of the price at which the allegedly dumped product is first resold to an independent buyer, or if such product is not resold to an independent buyer, or not resold in the condition as imported, on such reasonable basis as the Secretary or Commission may determine. In this case, allowances for costs, including duties and taxes incurred between importation and resale, and for profits, should also be made. If in these cases, price comparability has been affected, the normal value shall be established at a level of trade equivalent to the level of trade of the constructed export price taking into consideration due allowances which affect price comparability. The necessary information to ensure a fair comparison shall be required from the interested parties without imposing a reasonable burden of proof on them.

(l) In accordance with the provisions governing fair comparison, the existence of a dumping margin during the period of investigation shall be established by the comparison of:

1 . a weighted average normal value with a weighted average of all comparable export transactions; or

2. corresponding normal value and individual export prices on a transaction by transaction basis; or

3. the weighted average normal value with the individual export transactions, in cases where the pattern of export prices differs significantly among different purchasers, regions or time periods and such differences as explained in writing cannot be taken into account appropriately by using methods 1 and 2.

(m) If possible, an individual margin of dumping shall be determined for each known foreign exporter or producer of the dumped product. In cases where the number of importers, foreign exporters or producers, or the type of the dumped products involved is so large as to make such determination impracticable, the Secretary and the Commission may limit their examination either to: i) a reasonable number of interested parties or products by using statistically valid sampling techniques on the basis of information available to them at the time of the selection; or ii) the largest percentage of volume of exports from the country in question which can be reasonably investigated. Any selection of importers, foreign exporters, or producers or type of the dumped product shall preferably be made in consultation with, and with the consent of, the concerned foreign exporters or producers. However, if a non-selected foreign exporter or producer submits information, the investigation must extend to that importer, foreign exporter or producer unless this will prevent the timely completion of the investigation.

Section 12. Determination of Material Injury or Threat Thereof

(a) The Secretary and the Commission shall determine the presence and extent of material injury to the domestic industry as a result of the importation of the dumped products on the basis of positive evidence and shall require an objective examination of, but shall not be limited to, the following:

1 . The rate of increase and amount of the importation of the dumped product ' s, either in absolute terms or relative to production or consumption in the domestic market;

2. The effect of the importation of the dumped products on the prices in the domestic market for the like product, that is, whether there has been a significant price undercutting by the dumped products as compared with the price of the like product in the domestic market, or whether the effect of such dumped products is otherwise to depress prices to a significant degree or to prevent price increases which otherwise would have occurred to a significant degree. Price depression shall refer to the extent by which the domestic producer reduced its selling price in order to compete with the dumped product, while price suppression shall refer to the extent by which the dumped product prevented the domestic producer from increasing its selling price to a level that will allow full recovery of its cost of production; and

3. The effect of the importation of the dumped products on the domestic producers or the resulting retardation of the establishment of a domestic industry producing the like product, including an evaluation of all relevant economic factors and indices having a bearing " on the state of the domestic industry concerned, such as, but not limited to, actual or potential decline in output, sales, market share, profits, productivity, return on investments, or utilization of capacity; factors affecting domestic prices; the magnitude of dumping; and actual and potential negative effects on cash flow, inventories, employment, wages, growth, and ability to raise capital or investments. This list is not exhaustive, nor can one or several of these factors necessarily give decisive guidance.

(b) The extent of injury caused by the importation of the dumped products on the domestic industry shall be determined by the Secretary and the Commission upon examination of all relevant evidence. Any known factors other than the importation of the dumped products which, at the same time.injure the domestic industry, shall also be examined and the injuries caused by these factors must not be attributed to the dumped products. The relevant evidences may include, but shall not be limited to, the following:

1 . the volume and value of imported products not sold at dumping prices;

2. contraction in demand or changes in consumption patterns;

3. trade restrictive practices and competition between foreign and domestic producers;

4. developments in technology; and

5. export performance and productivity of the domestic industry.

(c) The effect of the importation of the dumped products shall be assessed in relation to the domestic production of the like product by separate identification of that production based on such criteria as production processes, sales and profits. If such is not possible, the effect of the importation of the dumped products shall be assessed by the examination of the production of the narrowest group or range of products which includes the like product for which the necessary information is available.

(d) A determination of a threat of material injury shall be based on facts and not merely on allegations, conjectures or remote possibilities. The change in circumstances creating a situation in which the dumping will cause injury must be clearly foreseen and imminent. In making a determination regarding the existence of a threat of material injury, the following shall be considered collectively, inter alia,:

1. a significant rate of increase in the importation of the dumped products into the domestic market indicating the likelihood of substantially increased importations;

2. sufficient freely disposable, or an imminent, substantial increase in, production capacity of the foreign exporter indicating the likelihood of substantially increased dumped exports in the domestic market, taking into account the availability of other export markets to absorb any additional exports;

3. whether dumped products are entering at prices that will have a significantly depressing or suppressing effect on domestic prices, and will likely increase demand for further importation of the dumped products; and

4. inventories of the product being investigated.

(e) Not one of these factors can, by itself, 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. In cases where injury is threatened by dumped products, the application of antidumping measures shall be considered and decided with special care.

Section 13. Voluntary Price Undertaking

(a) The anti-dumping investigation may be suspended or terminated without the imposition of provisional measures or anti-dumping duties, upon receipt of the Commission and acceptance by the affected industry, of a satisfactory voluntary undertaking executed by the foreign exporter under oath that he will increase his price or will cease exporting to the Philippines at a dumped price, thereby eliminating the material injury to the domestic industry producing the like product. Price increases under such undertakings shall not be higher than necessary to eliminate the margin of dumping. Parties that offer an undertaking shall be required to provide a non-confidential version of such undertaking so that it may be made available to interested parties.

(b) An undertaking to increase prices or cease importations at dumped prices shall neither be sought nor accepted unless a preliminary affirmative determination of dumping and injury caused by such dumping has been made. No undertaking of the same nature shall take effect unless it is approved by the Secretary after a recommendation by the Commission.

(c) An undertaking to increase prices or cease importations at dumped prices may not be accepted if its acceptance is impractical, e.g., if the number of actual or potential foreign exporters is too large or, for other reasons, including reasons of general policy. The foreign exporter shall be informed of the reason for non-acceptance of the proposed undertaking and he shall be given an opportunity to submit his comments.

Even if such undertaking is acceptable, the investigation shall nevertheless be continued and completed by the Commission if the foreign exporter or producer so desires or upon the advice of the Secretary. In such a case, the undertaking shall automatically lapse in the case of a negative finding. However, in instances where the negative determination is due in large part to the existence of a price undertaking, the Commission may require that the undertaking be maintained for at least two (2) years, unless the foreign exporter proves to the Commission that the undertaking is no longer necessary. In the case of an affirmative finding, the undertaking shall continue for only as long as the need exists, and to the extent necessary, to counteract the dumping, but not to exceed five (5) years from the date of the affirmative finding.

Should the investigation be discontinued as a result of the acceptance of an undertaking, this undertaking shall be effective for five (5) years from the date of the acceptance thereof, unless the foreign exporter proves to the satisfaction of the Commission that the undertaking is no longer necessary.

(d) Undertakings may be suggested but no foreign exporter shall be forced to enter into such an undertaking. Failure of the foreign exporter to offer or accept an invitation for an undertaking shall in no way prejudice the consideration of the case. However, it may be determined that a threat of injury is more likely to be realized d the importation of the dumped product continues.

(e) A foreign exporter from whom an undertaking has been accepted may be requested to provide monthly information to ensure that the conditions of the undertaking have been fulfilled. The foreign exporter must ensure that future export prices are not less than the level agreed upon in the undertaking. If at any time the dumped products are exported at a price lower than that agreed to in the undertaking, consideration will immediately be given to applying the provisional duty to the shipment, using the best information available in cases where the investigation which led to the undertaking has not been concluded. In case of a breach or withdrawal of an undertaking by any party, a definitive duty shall be imposed in accordance with Section 18 of this IRR; Provided, that the investigation which led to the undertaking was concluded with a final affirmative determination and that the foreign exporter concerned has, except where he himself has withdrawn the undertaking, been given an opportunity to comment. In case of a violation of an undertaking, definitive duties may be levied on dumped products exported to the Philippines not more than 90 days before the application of the provisional duty except to importations made before the violation of the undertaking.

Section 14. Cumulation of Importation

When the importation of products from more than one country are simultaneously the subject of an anti-dumping investigation, the Secretary or the Commission may cumulatively assess the effects of such dumped products only if they are convinced that:

(a) the margin of dumping established in relation to the dumped products from each country is more than the de minimis as defined in Section 9 of this IRR;

(b) the volume of importation of such dumped products from each country is also not negligible as defined in Section 9 of this IRR, and

(c) a cumulative assessment of the effects of such dumped products is warranted in the light of the conditions of competition between the imported products, and the conditions of competition between the imported products and the like products.

Section 15. Report of the Commission and Submission of Final Determination to the Secretary.

(a) Before making a final determination, the Commission shall inform all interested parties in writing of the essential facts under consideration and the initial findings as contained in the draft report, giving due regard to the protection of confidential information. Such disclosure shall be made within three (3) days from the date of completion of the draft report, after which the parties shall be given five (5) days from the date of receipt of the notice to defend their interests in writing.

(b) The Commission shall conclude its formal investigation and submit a report of its findings, whether favorable or not, to the Secretary within one hundred twenty (1 20) days from receipt of the records of the case. The Commission shall also furnish the parties concerned with copies of its report.

Section 16. Imposition of the Anti-Dumping Duty

(a) The Secretary shall, within ten (1 0)'days from receipt of the affirmative final determination by the Commission, issue a Department Order imposing an anti-dumping duty on the dumped product, unless he has earlier accepted an undertaking from the foreign exporter to increase prices or cease importations at dumped prices. The Department Order shall become executory after the lapse of the period for reconsideration in case no motion for reconsideration has been filed, and upon a negative resolution of the motion for reconsideration in case the same has been filed. He shall furnish the Secretary of Finance with the copy of the Order and request the latter to direct the Commissioner of Customs to collect the definitive anti-dumping duty, in addition to any other duties, taxes and charges imposed by law, on such product.

Simultaneous with the issuance of the Department Order, the Secretary shall furnish copies of the same to the parties concerned.

(b) Upon receipt of the Order from the Secretary of Finance, the Commissioner of Customs shall order the Collector of Customs concerned to proceed with the final appraisement of the dumped product.

(c) The Commissioner of Customs shall submit to the Secretary, through the Secretary of Finance, certified monthly reports on the disposition of the cash bond and the amounts of the anti-dumping duties collected.

(d) In case a cash bond has been filed, the same shall be applied to the anti-dumping duty assessed. If the cash bond is in excess of the antidumping duty assessed, the remainder shall be immediately returned to the importer, including interest earned, if any: Provided, That no interest shall be payable by the government on the amount to be returned. If the assessed anti-dumping duty is higher than the cash bond filed, the difference shall not be collected.

(e) In case of a negative finding by the Commission, the Secretary shall issue, through the Secretary of Finance, after the lapse of the period for the petitioner to appeal to the Court of Tax Appeals, an Order for the Commissioner of Customs to immediately release the cash bond to the importer. All the parties concerned shall also be duly notified of the dismissal of the case.

Section 17. Period Subject to Anti-Dumping Duty

(a) An anti-dumping duty may be levied retroactively from the date the cash bond has been imposed and onwards, where a final determination of injury is made, or in the absence of provisional measures, a threat of injury has led to actual injury.

(b) Where a determination of threat of injury or material retardation is made, anti-dumping duties may be imposed only from the date of determination thereof.

(c) Notwithstanding the preceding paragraph, an anti-dumping duty may be levied on the dumped product which were imported into the country not more than ninety (90) days prior to the date of application of the cash bond, when the authorities have determined for the dumped product in question that:

1 . there is a history of dumping which caused injury or that the importer was, or should have been, aware that the foreign exporter practices dumping and that such dumping would cause injury; and

2. the injury is caused by the massive importation of the dumped product within three (3) months from the initiation of the investigation which, in light of the timing and the volume of the dumped products and other circumstances (such as a rapid buildup of inventories of the imported product), is likely to seriously undermine the remedial effect of the definitive anti-dumping duty to be applied: Provided, That the importers concerned have been given an opportunity to comment.

In determining whether the importation of the dumped product is massive, the Commission shall examine:

1. The volume and value of the dumped products;

2. Seasonal trends; and

3. The share in the domestic market accounted for by the dumped products

(d) No duties shall be levied retroactively pursuant to this Section on dumped products entered for consumption prior to the date of the initiation of the investigation.

Section 18. Application of the Anti-Dumping Duty

(a) The amount of the anti-dumping duty shall not exceed the margin of dumping as established by a fair comparison of the normal value and the export price for the dumped product as established under Section 1 1. However, the anti-dumping duty may be less than the margin if such lesser duty will be adequate to remove the injury to the domestic industry. In determining such lesser duty, the Secretary or the Commission may also consider, among others, the effect of imposing the full margin of dumping on the welfare of consumers and/or the general public, and other related local industries.

(b) Even when all the requirements for the imposition of an anti-dumping duty have been fulfilled, the Commission may or may not impose the definitive anti-dumping duty or may suspend its actual imposition. in deciding among the foregoing options, the Commission may consider the following factors, among others: 1) if the imposition of an antidumping duty will result in a political or economic crisis; or 2) if such imposition will cause a severe shortage of the like product in the domestic market. The Commission shall only exercise said prerogative after giving the Secretary and all known interested parties the opportunity to present their views.

(c) The anti-dumping duty shall be collected, in the appropriate amounts and on a non-discriminatory basis, on imports of like products from all sources found to be dumped and causing injury, except on those imports from sources from which price undertakings have been accepted. The specific supplier of the like product concerned shall be named. If several suppliers from the same country are involved and it is impractical to name all these suppliers, the supplying country concerned may be named. If several suppliers from more than one country are involved, all the suppliers involved may be named, or if this is impractical, all the supplying countries may be named.

(d) Any anti-dumping duty applied to non-selected foreign exporters or producers shall not exceed:

1 . the weighted average dumping margin established with respect to the selected foreign exporter or producer; or

2. the difference between the weighted average normal value of the selected foreign exporters or producers and the export prices of non-selected foreign exporters or producers, where the liability for payment of anti-dumping duties is calculated on the basis of a prospective normal value:

Provided, That any zero margin, de minimis margin, and margin established using the best information available are disregarded. Individual duties or normal values shall be applied to dumped products imported from any non-selected foreign exporter or producer who has provided the necessary information during the investigation.

(e) Foreign exporters who did not make themselves known to the Secretary and the Commission or those who did not cooperate sufficiently during the investigation, as well as new foreign exporters, shall be assessed a residual duty or an "all others rate" based on the best information available. The residual duty will cover future importations of the dumped products originating from the same country of export.

(f) The anti-dumping duty shall be paid either through cash or cashier's/manager's check. All such monies collected shall be deposited by the Commissioner of Customs in a special fund, to be known as the Trade Remedies Fund, created for that purpose.

(g) New foreign exporters who have not exported the dumped product to the Philippines during the POI may request for an accelerated review provided they are not related to any foreign exporter who is subject to the anti-dumping duty. The application must be submitted to the Commission in writing and must contain:

1. a description of the foreign exporter's product; and

2. the basis of the request.

No anti-dumping duty shall be imposed during the review. A provisional duty may be required to ensure that, in the case of an affirmative finding, the anti-dumping duty can be levied retroactively up to the date of the initiation of the review.

(h) When the domestic industry has been defined as referring to producers in a certain area as provided under Section 3.d.4 of this IRR, an anti-dumping duty shall be levied only on the dumped products consigned for final consumption to that area.

Section 19. Duration and Review of the Anti-Dumping Duty

(a) As a general rule, the imposition of an anti-dumping duty shall remain in force only as long as the need exists, and to the extent necessary, to counteract dumping which is causing or threatening to cause material injury to the domestic industry or material retardation of the establishment of such an industry.

(b) The duration of the definitive anti-dumping duty shall not exceed five (5) years from the date of its imposition, or from the date of the most recent review if that review has covered both dumping and injury, unless the Commission has determined, in a review initiated before that date on their own initiative or upon a duly substantiated request made by or in behalf of the domestic industry at least six (6) months prior to the termination date, that the termination of the anti-dumping duty will likely lead to the continuation or recurrence of dumping and injury. The anti-dumping duty shall remain in force pending the outcome of such an expiry review.

An expiry review shall be initiated when there is sufficient evidence that the expiry of the definitive anti-dumping duty would likely result in a continuation or recurrence of dumping and injury. Such a likelihood may be indicated, for example, by evidence of continued dumping and injury or evidence that the removal of injury is partly or solely due to the existence of the duty or evidence that the circumstances of the foreign exporters, or market conditions, are such that these would indicate the likelihood of further injurious dumping.

In carrying out investigations under this paragraph, the foreign exporters, the representatives of the country of export or origin and the domestic producers and importers shall be provided with the opportunity to comment on the matters set out in the review request, and conclusions shall be reached with due account taken of all relevant and duly documented evidence presented in relation to the question as to whether the expiry of the definitive anti-dumping duty would be likely, or unlikely, to lead to the continuation or recurrence of dumping and injury.

The Commission shall cause the publication of a notice of impending expiry of the effectivity of the anti-dumping duty in two (2) newspapers of general circulation on the first quarter of the final year of the period of application of the definitive anti-dumping duty, to give the domestic producers adequate time to lodge a request for an expiry review.

(c) The Commission may also, motu proprio or upon the direction of the Secretary, conduct an interim review of the need for the continued imposition of the anti-dumping duty, taking into consideration the need to protect the existing domestic industry against dumping. Any interested party with substantial positive information may also petition the Secretary for an interim review of the continued imposition of the anti-dumping duty; Provided, that at least one (1) year has elapsed since the imposition of the anti-dumping duty

An interim review shall be initiated where the request contains sufficient evidence that the continued imposition of the duty is no longer necessary to offset dumping and/or that the injury would be unlikely to continue or recur if the duty was removed or varied, or that the existing duty is not, or is no longer, sufficient to counteract the dumping which is causing injury.