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DEPARTMENT OF TRADE AND INDUSTRY x-----------------------------------------------------------------------------x ORDER On 30 March 2004, the Department of Trade and Industry (DTI) received the Tariff Commission’s Report of Findings on the Expiry review of the Definitive Anti-Dumping Duties on the Importation of Sodium Tripolyphosphates (STPP) from the People’ Republic of China (PROC). Pursuant to Section 301, paragraph (o) of the Tariff and Customs Code of the Philippines (TCCP), as amended by RA 8752 and on the basis of sufficient evidence submitted by the petitioner, the Commission initiated the review to determine whether the continued imposition of definitive anti-dumping duties on the importation of Sodium Tripolyphosphate (STPP) from People’s Republic of China is necessary or warranted to prevent the continuation or recurrence of dumping and injury. The Commission found that: 1. price differences existed between the normal values and export prices of STPP from PROC in 2002 and 1st semester of 2003; 2. dumping per se of STPP imports originating in or imported from PROC in 2003 and mid 2003 (10.92% and 0.57% of the total Philippine imports) caused material injury to the domestic industry as reflected in the actual decline in output, sales, market share, and profits and the adoption of pricing strategies (e.g. depression and suppression); 3. a host of factors other than dumping, i.e. competition from normal imports from other countries, high cost to produce and raw material sourcing exacerbated CAWC’s injury to the point of overall impairment in the position of the domestic industry; 4. dumping and injury having been established to exist in 2003 and 1st semester of 2003, the lifting go the imposition of the definitive ant-dumping duty on STPP would likely result in the continuance or recurrence of the said dumping and injury. Thus the Commission ordered the extension of the imposition of the definitive anti-dumping duties on importation of STPP from PROC for a period of three (3) years. The corresponding anti-dumping duties shall be imposed on the following exporters:
WHEREFORE AND IN VIEW THEREOF, in accordance with
Section 301, paragraphs (1) and (o) of the TCCP, as amended by RA 8752, the
Department hereby issues an Order extending the imposition of the definitive
anti-dumping duties on importation of STPP from PROC for a period of three (3)
years with the corresponding duties provided for the above mentioned exporters. As provided further under Section 19(c) of the Joint Administrative Order No. 01 Series of 2000, otherwise known as the Implementing Rules and Regulations Governing the Imposition of the Anti-Dumping Duties under RA 8752, the Commission may also, motu proprio or upon the direction of the Secretary, conduct at least one year after the imposition of the dumping duties an interim review to determine whether the continued imposition of the existing duty is still necessary to protect the existing industry against dumping. Thus, after a year of application of the extended definitive anti-dumping duty on STPP, CAWC should demonstrate to the Commission that, among others, it is undertaking positive adjustment to import competition by locally sourcing phosphoric acid, in lieu of yellow phosphorous (P4) from China, as raw material in the manufacture of STPP. Let this Order be published in two (2) newspapers of general circulation and let individual notices be sent to all interested parties including the country members concerned. SO
ORDERED 14 April 2004 |
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