Section711 CMTA

1. What is dumping?
Dumping is a form of price discrimination between two national markets. It occurs

when foreign producers sell their products to an importer in the domestic market at prices
lower than in their own national markets, or at prices below cost of production, the sale or
importation of which injures or threatens to injure a domestic industry producing like or
comparable products or retards the establishment of a potential industry.
2. What is the Anti-Dumping Act of 1999?
Republic Act (R.A.) No. 8752, otherwise known as the Anti-Dumping Act of 1999,
which amended Section 301 of the Tariff and Customs Code of the Philippines, as amended,
provides protection to a domestic industry which is being injured, or is likely to be injured, by
the dumping of products imported into or sold in the Philippines.
R.A. 8752 was signed on August 12, 1999 and took effect on September 4, 1999.
Its provisions were adopted in Section 711 of the Customs Modernization and Tariff Act
(CMTA).
3. What are the elements of dumping?
There are four (4) elements of dumping, namely:
a. Like Product - product produced by the domestic industry which is identical or

alike in all respects to the article under consideration, or in the absence of such a
product, another product which, although not alike in all respects, has
characteristics closely resembling those of the product under consideration.
b. Price Difference - amount by which the normal value (the price prevailing in the
exporting country) exceeds the export price (selling price to an importer in the
Philippines).
c. Injury - material injury to a domestic industry, threat of material injury or material

retardation of the establishment of a domestic industry. Injury test must be based
on positive evidence and must involve an objective examination of both (a) the
volume of the dumped imports and the effect of dumped imports on the prices of
like product in the domestic market, and (b) the consequent impact of these
imports on the domestic producers of such products.
d. Causal Link - must exist between the injury being suffered by the domestic
industry and the dumped imports. It must be clear that the injury suffered is
directly attributable to the alleged dumping.
In an anti-dumping petition, all four (4) elements must be established.
4. Who may file an anti-dumping protest?
A protest may be filed by, or on behalf of, the domestic industry, in writing and
embodied in a notarized form.
Page 2 / Revised July 2016

5. Are there fees to be paid for formal investigation of an anti-dumping case?
Petitions found to be meritorious under R.A. 8752 are subject to a Filing Fee of
Twenty Thousand Pesos (P20,000.00) and Legal Research Fund Fee of Two Hundred
Pesos (P200.00), per case.
6. Who else, aside from the domestic industry, may initiate an anti-dumping
investigation?
In special circumstances, the Department of Trade and Industry (DTI) or Department

of Agriculture (DA) may, on its own motion, initiate an anti-dumping investigation without
having received a written application by or on behalf of a domestic industry. The concerned
authorities should have sufficient evidence of dumping, injury and a causal link to justify the
initiation of the investigation.
7. What is the role of the Tariff Commission in anti-dumping investigations?
The Commission conducts formal investigation and submits a report of findings to

either Secretary for the issuance of a Department Order imposing the definitive anti-dumping
duty (in case of affirmative findings).
8. What is the timetable for the completion of a formal investigation by the

Commission?
The Commission shall submit within one hundred twenty (120) calendar days from
receipt of the case its Final Report of Findings and decision to the DTI Secretary (in the case
of industrial goods) or to the DA Secretary (in the case of agricultural products) for the
issuance of the appropriate Department Order.
The step-by-step procedure for petitions under R.A. 8752 is shown in Annex A.

ANNEX A
THE CUSTOMS MODERNIZATION AND TARIFF ACT
STEPS IN THE FORMAL INVESTIGATION PROCESS1 FOR

PETITIONS FOR TRADE REMEDY MEASURES UNDER:
1. SECTION 711 DUMPING DUTY
2. SECTION 712 SAFEGUARD DUTY
3. SECTION 713 COUNTERVAILING DUTY
Unit /
Step Activities 2 Fees
Person-In-Charge
1 Proceed to Cashier for payment of P20,000.00 Cashier
investigation fee 3 (Filing Fee)
P200.00
(Legal Research
Fund Fee)
2 Preliminary Conference 4 Presiding Officer
3 Submission of initial memoranda / position Records Officer
paper 5
4 Ocular inspection of plant facilities / Task Force
Verification of data 6
5 Public Hearing 7 Petitioner to pay Presiding Officer
publication cost 8
6 Submission of amended position paper / Records Officer
principal memoranda 9
7 Issuance of TC Report of Findings and Task Force / Records
Recommendations to Secretary of Officer / Planning
Agriculture/Trade and Industry and Parties 10 Management and
Information Systems
Division
1
Commencement of TC formal investigation: upon receipt by TC of endorsement and records of the case
from the Secretary of Agriculture (for agricultural products) or Secretary of Trade and Industry (for industrial
goods)
2
Investigative Timetable: 120 calendar days from receipt of the referral of the Secretary / 60 calendar days
if certified urgent by the Secretary
3
Parties will be informed of initiation of TC formal investigation; Processing time: 30 minutes
4
Parties will be informed of schedule of preliminary conference
5
Parties will be informed of deadline for submission of position papers
6
Parties will be informed of schedule of ocular inspection/data verification
7
Parties will be informed of schedule of public hearing
8
Notice of billing will be sent to parties
9
Parties will be informed of deadline for submission of documents
10
Check status of investigation on TC website: www.tariffcommission.gov.ph

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1. What is dumping?

Dumping is a form of price discrimination between two national markets. It occurs

2. What is the Anti-Dumping Act of 1999?

3. What are the elements of dumping?

There are four (4) elements of dumping, namely:

a. Like Product - product produced by the domestic industry which is identical or

c. Injury - material injury to a domestic industry, threat of material injury or material

In an anti-dumping petition, all four (4) elements must be established.

4. Who may file an anti-dumping protest?

Page 2 / Revised July 2016

In special circumstances, the Department of Trade and Industry (DTI) or Department

7. What is the role of the Tariff Commission in anti-dumping investigations?

The Commission conducts formal investigation and submits a report of findings to

8. What is the timetable for the completion of a formal investigation by the

Page 3 / Revised July 2016

THE CUSTOMS MODERNIZATION AND TARIFF ACT

STEPS IN THE FORMAL INVESTIGATION PROCESS1 FOR

Page 4 / Revised July 2016

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