NAME: Edrizandra E.

Clemente

Section: B318

Comprehensive Table matrix of the (3) trade remedy measures:

Anti-Dumping Measures Subsidies and Safeguard Measures

Countervailing Measures
GOVERNING LAW
Republic Act No. 8752 Republic Act No. 8751 Republic Act No. 8800
“Anti-Dumping Act” “The Countervailing Act of “Safeguard Measures Act”
• Signed (August 12, 1999” • Signed (July 19,
1999) • Singed (August 7, 2000)
• Took Effect 1999) • Took Effect (August 9,
(September 4, 1999) • Took Effect (August 2000)
31, 1999)
OBJECTIVES
Dumping occurs when Provides protection to a Emergency relief provided to
exporters sell their products Philippine domestic industry a domestic industry,
to an importing country at a which is being materially producing like or directly
price lower than its normal injured, or is likely to be competitive product that is
value or home-market price materially injured, by the seriously injured by increased
and is causing material injury subsidization of articles imports.
to a domestic industry imported into or sold in the
producing a like product. Philippines.
NATURE OF MEASURE
Unfair trade practices, cheap Unfair trade practices, cheap/ Increased imports injurious to
imports injurious to the subsidized imports injurious the domestic industry/
domestic industry/ producer. to the domestic industry/ producer.
producer.
SCOPE AND COVERAGE
An anti-dumping investigation A countervailing protest may To give the affected domestic
covers any product which is cover any product which is industry time to prepare itself
imported to the Philippines at granted, directly or indirectly, against, and adjust to,
any export price less than its by the government in the increased import competition
normal value in the ordinary country of export or origin, because of the reduction of
course of trade for the like and kind of form of specific tariffs or the lifting of
product when destined for subsidy upon the exportation quantitative restrictions.
consumption in the country of or manufacture of such
export or origin and which is product, and the importation
causing or is threatening to of such subsidized product is
cause material injury to a causing or threatening to
domestic industry. cause material injury to a
domestic industry, or is
materially retarding the
growth, or preventing the
establishment of a domestic
industry.
EXEMPTIONS
a) Products imported by or a) Articles imported by, or None
consigned to government consigned to, government
agencies not organized agencies not organized
for profit and particularly for profit and particularly
designated by law or designated by law or
proper authorities to proper authorities to
import, directly or through import, directly or through
awardees, such products awardees, such articles
as would stabilize or as would stabilize and/ or
supplement shortages; supplement shoratges;
and and
b) Conditionally duty-free b) Conditionally duty-free
importations allowable importations allowable
under Section 800 of the under Section 800 of the
CMTA, as amended. CMTA, as amended.
TYPES OR CATEGORIES
None 1. Actionable Subsidies 1. General safeguard
2. Non-actionable subsidies measure
3. Prohibited subsidies 2. Special safeguard
measure
INITIATION OF ACTION
Any person, whether natural Any person, whether natural • Domestic Producers
or juridical, representing a or juridical, representing a of like or directly
domestic industry producing domestic industry producing competitive products.
like product or those of such like product or those of such • The President or the
producers whose collective producers whose collective House or Senate
output of the product output of the product Committee on Trade
constitutes a major proportion constitutes more than fifty and Commerce.
of the total domestic percent (50%) of the total • DTI Secretary.
production of that product. domestic production of the
like product.
ELEMENTS
1. Like products or alike in 1. Like products or alike in 1. Like products or directly
all respects. all respects. competitive products.
2. Price difference. 2. Amount of subsidy. 2. Increase in imports.
3. Material injury or threat of 3. Material injury or threat of 3. Serious injury or threat
material injury. material injury. thereof.
4. Causal link between 4. Causal link between 4. Causal link between
imports and material imports and material imports and serious
injury. injury. injury.
MEASURES TO BE IMPLEMENTED
1. Provisional Anti-Dumping 1. Provisional 1. Provisional Safeguard
Duty Countervailing Duty Measures
• Cash Cash deposit or • Cash bond equal to • Establishes the
bond, equivalent to the provisionally existence of critical
the difference estimated amount of circumstances.
between normal value subsidy. 2. Definitive Safeguard Duty
and the export price • Imposed for a period • Maximum of 10 years
of the subject product. not exceeding four (4) liberalized annually.
months.
 •Imposed for a period 2. Definitive Countervailing
of four (4) months, Duty
which may be • Five (5) years from
extended up to six (6) the date of its
months. imposition.
2. Definitive Anti-Dumping • May be extended thru
Duty sunset review.
• Five (5) years from
the date of its
imposition.
• May be extended thru
sunset review.
PROCEDURE
1. Prima facie determination 1. Preliminary determination 1. Prima facie determination
2. Preliminary determination 2. Final determination 2. Preliminary determination
3. Final determination 3. Issuance of deprtment 3. Final determination
4. Department order order 4. Department order
GOVERNMENT AGENCIES TASKED TO ADMINISTER INVESTIGATION
• DTI-BIS and DA • DTI-BIS and DA 1. General safeguard
• Tariff Commission • Tariff Commission measure
• Bureau of Customs • Bureau of Customs • DTI-BIS and DA
• Tariff Commission
• Bureau of Customs
2. Special safeguard
measure
• DA
• DOF
• Bureau of Customs