Anti-Dumping measures Subsidies and Countervailing Safeguard Measures

measures
Legislations RA 8752 RA 8751 RA 8800
Section 711 Section 713 Section 712
JAO No.1 s.2000 JAO No.2 s.2000 TC order No. 00-02
TC order No. 00-01 JAO No.3 s.2000
GATT ART. VI GATT ART. XVI GATT ART.XIX
WTO Agreement on Agriculture
Nature of Measure Address UNFAIR TRADE practices Address FAIR TRADE practices
EP>NV Subsidized production or exportation of the EP at the level of NV
foreign merchandise General Safeguard (import surge)
Special Safeguard (< base trigger level or falls
below trigger price level)
Objectives To protect and provide remedies to the To protect and provide remedies to the General Safeguard- remove serious injuries;
domestic industry against unfair trade domestic industry against subsidization structural adjustments to gain competitiveness
practice Special Safeguard- assist local farmers who
were affected by QR
Scope and Coverage Limited to like products ALL like or DIRECTLY competitive products
Country and exporter specific ALL countries exporting like or DIRECTLY
competitive products
Chapters 1-24 (Agri) General Safeguard- AGRI or Industrial
Chapters 25-97 (Industrial) Special Safeguard - (SSG applicable only)
Minimum Threshold of *MORE THAN 50% of the total production of the like products expressing their support or General Safeguard- producer of like or directly
Support for APPLICATION opposition competitive products; major proportion of the
**NO INVESTIGATION shall be initiated the support it get accounts for LESS THAN 25% total production
of the production of the like products produced by the domestic industry Special Safeguard – DA (on its own motion)
ELEMENTS Like Product Like Product General Safeguard
Price Difference/Dumping margin Subsidy Like Product or directly competitive products
Material Injury Material Injury Increased Imports
Causal Link Causal Link Serious Injury
Causality
Special Safeguard
Like Product
Imports exceeds base trigger level or falls

Forms of MEASURE and
Duration
Prima Facie Determination
Preliminary Determination
Final Determination
Issuance of Dept. Order (DO)
Provisional Measure- *affirmative
preliminary determination (provisional
duty or cash bond) 4-6 months
Definitive Anti-Dumping Duty not more
than 5 years from date of imposition
Stages of INVESTIGATION
DA or DTI-BIS
5 WORKING days
Notify parties concern
30 WORKING days from receipt of the
answers TO MAKE PRELIMINARY
DETERMINATION
*AFFIRMATIVE- issues DO imposition of
provisional measure; submit to TC
**NEGATIVE- Terminates Investigation
TC; 120 days from receipt to COMPLETE INVESTIGATION;
submit reports to DA or DTI-BIS
Within 10 days from receipt of an
AFFIRMATIVE
*DA or DTI-BIS; issue DO for Definitive
Anti-Dumping Duty unless importer
secures PRICE UNDERTAKING
** NEGATIVE- DA or DTI-BIS issue DO
through DOF SEC for BOC to release cash through DOF SEC for BOC to release cash
bond
Provisional Measure- *affirmative preliminary General Safeguard
determination (cash deposit or bond) 4
months no sooner 60 days
Definitive Countervailing Duty 5 years from
date of imposition
DA or DTI-BIS
10 days from the receipt of the properly
documented application
Notify parties concern
20 days from receipt of the answers TO
MAKE PRELIMINARY DETERMINATION
*AFFIRMATIVE- issues DO imposition of
provisional measure; submit to TC
**NEGATIVE- Terminates Investigation
Within 10 days from receipt of an
AFFIRMATIVE
*DA or DTI-BIS; issue DO for Definitive
Countervailing Duty unless importer secures general safeguard measure; notify Committee
PRICE UNDERTAKING
** NEGATIVE- DA or DTI-BIS issue DO
bond
below trigger price level
Provisional Measure (Tariff increase if not QR
may apply) not exceed 200 days
Definitive Measure (Flexible Tariff Clause,
MAV, trade adjustment assistance) 4-8 years;
10 years for developing countries
Special Safeguard
Definitive Special Safeguard Measure-(Volume
Test, Price Test) Shall only be effect UNTIL
THE END OF THE YEAR it was imposed
DA or DTI-BIS
5 calendar days upon acceptance of properly
documented application
**NO PRIMA FACIE-REJECTED
Notify parties concern
30 CALENDAR days from receipt of the
answers TO MAKE PRELIMINARY
DETERMINATION
*AFFIRMATIVE- issues DO imposition of
provisional measure; submit to TC
**NEGATIVE- Terminates Investigation
TC; 120 days from receipt to COMPLETE
INVESTIGATION; 60 days if urgent
submit reports to DA or DTI-BIS
DA or DTI-BIS
15 CALENDAR days from receipt of the TC
*DA or DTI-BIS; issue DO for imposition of
on Safeguards of WTO
---Notify WTO Committee on Agriculture in
case of Special Safeguard Measure
** NEGATIVE- DA or DTI-BIS issue DO
 =importer may file for an appeal wth CTA
REJECTION/TERMINATION of Margin of dumping LESS THAN 2% of
Investigation EXPORT PRICE
Injury is NEGLIGIBLE(LESS THAN 3% of
IMPORTS --if collectively 7%)
REVIEWS Expiry or Sunset Review (to continue)
Interim Review (motu propio of DA or
DTI-BIS)
New Shipper’s Review (for new exporters)
=importer may file for an appeal wth CTA
Developed Country
Subsidy LESS THAN 1% advalorem of EP
Volume of imports is NEGLIGIBLE(LESS
THAN 3% of IMPORTS --if collectively 7%)
Injury is NEGLIGIBLE
Developing Country
Subsidy LESS THAN 2% advalorem of EP
3% for least developed
Volume of imports is NEGLIGIBLE(LESS
THAN 4% of IMPORTS -- if collectively 9 %)
Injury is NEGLIGIBLE
Expiry or Sunset Review (to continue)
Interim Review (motu propio of DA or DTI-
BIS)
through DOF SEC for BOC to release cash
bond and termination of case
TERMINATION OF DEFINITIVE Measures
NO ADEQUATE REPORTS; Increased import
competition
CHANGE ECONOMIC circumstances
At least 1 year upon expiration; domestic
industry files a petition to modify, reduce or
terminate imposed definitive measure
TC shall monitor positive adjustments to
import competition
If the action exceeds 3 years or for an
extension submits reports to DA or DTI-BIS