Guerrero, Luis V PDF
Guerrero, Luis V PDF
BSCA B316
Measures implemented by these laws: • Provisional measure – anti dumping • Provisional Measure – countervailing
bond bond
• Definitive anti-dumping duty • Definitive countervailing duty
Bond Equivalent to the amount of provisionally Equal to the amount of the provisionally
calculated dumping margin calculated amount of subsidy.
Petitioner A petition may be filed by or on behalf of the domestic industry in writing and should be
embodied in a notarized form.
Minimum Threshold of Support of Industry (a) support by domestic producers whose collective output constitutes more than fifty percent
for Application (50%) of the total production of the like product produced by the domestic industry; and
(b) support by producers accounting for at least 25% of the total domestic production of the
product alleged to be subsidized.
De minis Rule The protest/application shall be immediately In the case of a product originating from a
rejected and the investigation terminated if: developed country, when:
- the margin of dumping is de minimis, i.e. - the amount of subsidy is de minimis, i.e.,
less than 2%, expressed as a percentage, of less than 1%; or
the export price; or
- the volume of subsidized imports or the
- the volume of imports from a particular injury is negligible.
country is less than 3% of all imports of like
products into the importing country. In the case of a product originating from a
developing country, when:
However, this rule does not apply when
countries with individual shares of less than - the level of subsidies granted does not
3% collectively account for more than 7% of exceed 2% of the value calculated on a per
imports of the product under investigation; or unit basis (for least developed countries, it is
the injury is negligible. 3%); or
Issuance of Department Order The DTI or DA Secretary shall, within ten (10) days from receipt of the affirmative final
determination by the Commission, issue a Department Order imposing a definitive
countervailing/anti-dumping duty
Duration of Definitive Measure: 5 years, subject to sunset review to determine whether or not to extend the effectivity of the
special duty