Practices and Studies

The protest/application shall be immediately rejected and the investigation terminated if:

"Price undertaking" is a voluntary commitment by the exporter to increase his price or to cease exporting to the Philippines at a dumped price, thereby eliminating the material injury to the domestic industry.

Actual or potential decline in output, sales, market share, profits, productivity, return on investments, or utilization of capacity;

a significant rate of increase in the importation of the dumped/subsidized product into the domestic market indicating the likelihood of substantially increased importations;

The authorities can decide on the basis of the best information available (BIA).

Where the volume of domestic sales is "low," the consumption price in the exporting country may not provide a proper basis for price comparison. In such case, a constructed value instead of the domestic consumption price is used.

Before making the final determination, the Commission is required to disclose to the interested parties (e.g. exporters or producers under investigation, their governments, and importers) the essential facts on which the decision to apply the duty is made. The parties are given five (5) days from the date of receipt of the essential facts to defend their interests in writing.

Provisional Measure - takes the form of a provisional duty - cash or documentary security - equal to the estimated difference between the normal value and the export price of the protested article. It is applied only after the DTI-BIS or DA has made a preliminary affirmative determination no sooner than 60 days from the initiation of the case.

4 5 6 7 8 9