WORLD TRADE
ORGANIZATIONG/ADP/N/1/PHL/2
21 September 2001
(01-4513)
Committee on Anti-Dumping Practices Original:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 18.5 OF THE AGREEMENT
PHILIPPINES
The following communication, dated 12 September 2001, has been received from the
Permanent Mission of the Philippines.
_______________
Pursuant to Article 18.5 of the Agreement on Im plementation of Article VI of the General
Agreement on Tariffs and Trade, I have the honour to notify the Philippine legislation known as
Republic Act No. 8752, entitled "The Anti-dumping Act of 1999" and its Implementing Rules and
Regulations embodied in Joint Administrative Order No. 01 (2000).G/ADP/N/1/PHL/2
Page 2
REPUBLIC ACT NO. 8752
AN ACT PROVIDING THE RULES FOR THE IMPOSITION OF AN ANTI-DUMPING DUTY,
AMENDING FOR THE PURPOSE SECTION 301, PART 2, TITLE II, BOOK I OF THE TARIFFAND CUSTOMS CODE OF THE PHILIPPINES, AS AMENDED BY REPUBLIC ACT NO. 7843,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Represen tatives of the Philippines in Congress assembled:
Section 1. This Act shall be known as the "Anti-Dumping Act of 1999."
Section 2. It is hereby declared the policy of the State to protect domestic enterprises against
unfair foreign competition and trade practices.  Towards this end, substantive and procedural remedies
available to domestic enterprises shall be strengthened and made responsive to recent developments in
world trade.
Section 3. Section 301, Part 2, Title II, Book I of the Tariff and Customs Code of the
Philippines, as amended, is hereby further amended to read as follows:
"PART 2. SPECIAL DUTIES"SEC. 301.  Anti-Dumping Duty.-
"(a) Whenever any product, commodity or article of commerce imported into the Philippines at an
export price less than its normal value in the ordinary course of trade for the like product, commodityor article destined for consumption in the exporting country is causing or is threatening to cause
material injury to a domestic industry, or materially retarding the establishment of a domestic industry
producing the like product, the Secretary of Trad e and Industry, in the case of non-agricultural
product, commodity or article, or the Secretary of Agriculture, in the case of agricultural product,
commodity or article (both of whom are hereinafter referred to as the Secretary, as the case may be),after formal investigation and affirmative finding of the Tariff Commission (hereinafter referred to as
the Commission), shall cause the imposition of an anti-dumping duty equal to the margin of dumping
on such product, commodity or article and on like product, commodity or article thereafter imported
to the Philippines under similar circumstances, in addition to ordinary duties, taxes and charges
imposed by law on the imported product, commodity or article.  However, the anti-dumping duty maybe less than the margin if such lesser duty will be adequate to remove the injury to the domestic
industry.  Even when all the requirements for the imposition have been fulfilled, the decision on
whether or not to impose a definitive anti-dumping duty remains the prerogative of the Commission. 
It may consider, among others, the effect of imposing an anti-dumping duty on the welfare of
consumers and/ or the general public, and other related local industries.
"In the case where products are not imported directly from the country of origin but are
exported to the Philippines from an intermediate country, the price at which the products are sold
from the country of export to the Philippine shall normally be compared with the comparable price in
the country of export.  However, comparison may be made with the price in the country of origin, iffor example, the products are merely transhipped through the country of export, or such products are
not produced in the country of export, or there is no comparable price for them in the country of
export.
"(b) Initiation of action. - An anti-dumping investigation may be initiated upon receipt of a written
application from any person whether natural or juridical, representing a domestic industry, which shall
include evidence of: a)dumping, b)injury, and c)causal link between the dumped imports and the
alleged injury.  Simple assertion, unsubstantiated by relevant evidence, cannot be considered
sufficient to meet the requirements of this paragraph.  The application shall contain such informationG/ADP/N/1/PHL/2
Page 3
as is reasonably available to the applicant on the following: 1)the identity of the applicant and a
description of the volume and the value of the domestic production of the like product of the
applicant; 2)a complete description of the alleged dumped product, the name of the country of origin
or export under consideration, the identity of each known exporter or foreign producer, and a list of
known persons importing the product under consideration; 3)information on the normal value of the
product under consideration in the country of origin or export; and 4)information on the evolution ofthe volume of the alleged dumped imports, the effect of these imports on the price of the like product
in the domestic market, and the consequent impact of the imports on the domestic industry.
"Philippine Trade, Agriculture of Finance Atta chés and other Consular Officials or Attachés
in the concerned exporting member countries are mandated to furnish the applicant pertinentinformation or documents to support his complaint within a period not exceeding thirty (30) days
from receipt of a request.
"The application shall be filed with the Secretary of Trade and Industry in the case of non-
agricultural product, commodity or article, or with the Secretary of Agriculture in the case ofagricultural product, commodity or article.  The Secretary shall require the petitioner to post a surety
bond in such reasonable amount as to answer for any and all damages which the importer may sustain
by reason of the filing of a frivolous petition.  He shall immediately release the surety bond uponmaking an affirmative preliminary determination.
"The application shall be considered to have been made "by or on behalf of the domestic
industry" if it is supported by those domestic producers whose collective output constitutes more than
fifty per cent (50%) of the total production of the like product produced by that portion of the
domestic industry expressing either support for or opposition to the application.  In cases involving an
exceptionally large number of producers, the degree of support and opposition may be determined byusing a statistically valid sampling technique or by consulting their representative organizations. 
However, no investigation shall be initiated when domestic producers expressly supporting the
application account for less than twenty-five per cent (25%) of total production of the like productproduced by the domestic industry.
"In exceptional circumstances, the Philippines may be divided into two or more competitive
markets and the producers within each market may be regarded as a separate industry if (a) the
producers within such market have the dominant market share; and (b) the demand in that market isnot substantially supplied by other producers elsewhere in the Philippines.
"If, in special circumstances, the Secretary decides to initiate an investigation without having
received a written application by or on behalf of a domestic industry for the initiation of such
investigation, he shall proceed only if he has sufficient evidence of dumping, injury and a causal link,to justify the initiation of an investigation.
"Within five (5) working days from receipt of a properly documented application, the
Secretary shall examine the accuracy and adequacy of the petition to determine whether there is
sufficient evidence to justify the initiation of investig ation.  If there is no sufficient evidence to justify
initiation, the Secretary shall dismiss the petition and properly notify the Secretary of Finance, the
Commissioner of Customs, and other parties concerned regarding such dismissal.  The Secretary shallextend legal, technical, and other assistance to the concerned domestic producers and theirorganizations at all stages of the anti-dumping action.
"(c)  Notice to the Secretary of Finance. - Upon receipt of the application, the Secretary shall,
without delay, notify the Secretary of Finance and furnish him with a complete copy of the
application, or information in case the initiation is made on his own motion including its annexes, if
any.  The Secretary of Finance shall immediately inform the Commissioner of Customs regarding the
filing and pendency of the application or informatio n and instruct him to gather and to furnish theG/ADP/N/1/PHL/2
Page 4
Secretary within five (5) days from receipt of the in structions of the Secretary of Finance copies of all
import entries and relevant documents covering su ch allegedly dumped product, commodity or article
which entered the Philippine during the last twelve  (12) months preceding the date of application. 
The Commissioner of Customs shall also make such similar additional reports on the number,
volume, and value of the importation of the allegedly dumped product, commodity or article to the
Secretary every ten (10) days thereafter.
"(d) Notice to Exporting Member-Country. - Upon receipt of a properly documented application
and before proceeding to initiate an investigation, the Secretary shall notify the government of the
exporting country about the impending anti-dumping investigation.  However, the Secretary shall
refrain from publicizing the application for the init iation of the investigation before a decision has
been made to initiate an investigation.
"(e) Notice to Concerned Parties and Submission of Evidences. - Within two (2) days from
initiation of the investigation and after having notified the exporting country, the Secretary shall
identify all interested parties, i.e., protestee-importer, exporter and/ or foreign producer, notify andrequire them to submit within thirty (30) days fro m receipt of such notice evidences and information
or reply to the questionnaire to dispute the allegations contained in the application.  At this point, the
respondent is given the opportunity to present evidences to prove that he is not involved in dumping. 
He shall furnish them with a copy of the applic ation and its annexes subject to the requirement to
protect confidential information.  The notice shall be deemed to have been received five (5) days fromthe date on which it was sent to the respondent or transmitted to the appropriate diplomatic
representative of the exporting member, or an official representative of the exporting territory.  If the
respondent fails to submit his answer, he shall be declared in default, in which case, the Secretary
shall make such preliminary determination of the case on the basis of the information available,
among others, the facts alleged in the petition and the supporting information and documents suppliedby the petitioner.
"(f) Preliminary Determination. - Not later than thirty (30) working days from receipt of the
answer of the respondent importer, exporter, foreign producer, exporting member-country, and other
interested parties, the Secretary shall, on the basis of the application of the aggrieved party and theanswer of the respondent/s and their respective supporting documents or information, make a
preliminary determination of the application for the imposition of an anti-dumping duty.
"In the preliminary determination, the Secretary shall essentially determine the following:
"(1) Price difference between the export price and th e normal value of the article in question in the
country of export or origin;
"(2) The presence and extent of material injury or threat of injury to the domestic industry
producing like product or the material retardation of the establishment of a domestic industry; and
"(3) The causal relationship between the allegedly dumped product, commodity or article and the
material injury or threat of material injury to th e affected domestic industry or material retardation of
the establishment of the domestic industry.
"The preliminary finding of the Secretary, together with the records of the case shall, within
three (3) days, be transmitted by the Secretary to the Commission for its immediate formal
investigation.  In case his preliminary finding is affirmative, the burden of proof is shifted to the
respondent to rebut the preliminary finding.  The Secretary shall immediately issue, through the
Secretary of Finance, written instructions to the Commissioner of Customs to impose within three (3)
days from receipt of instructions a cash bond equal to the provisionally estimated anti-dumping dutyG/ADP/N/1/PHL/2
Page 5
but not greater than the provisionally estimated margin of dumping in addition to any other duties,
taxes and charges imposed by law on like articles.  The cash bond shall be deposited with the
government depository bank and shall be held in trust for the respondent.  Moreover, the posting of
the cash bond shall only be required no sooner than sixty (60) days from the date of initiation of the
investigation.  The date of initiation of the inve stigation is deemed to be the date the Secretary
publishes such notice in two (2) newspapers of general circulation.  The Secretary shall cause suchpublication immediately after a decision to initiate the investigation has been made.  The provisional
anti-dumping duty may only be imposed for a four (4) month period which may be extended to six (6)
months upon request by the exporter/s representing a significant percentage of the trade involved. 
However, a provisional anti-dumping duty lower than the provisionally estimated margin of dumping
can be imposed for a period of six (6) to nine (9) months, if it is deemed sufficient to remove orprevent the material injury.
"(g) Termination of Investigation. -  The Secretary on the Commission as the case may shall be
motu proprio terminate the investigation at any stage of the proceedings if the provisionally estimated
margin of dumping is less than two per cent (2%) of export price or the volume of dumped imports orinjury is negligible.  The volume of dumped imports from a particular country shall normally be
regarded as negligible if it accounts for less than three per cent (3%) of the imports of the like article
in the Philippines unless countries which individually account for less than three per cent (3%) of the
imports of the like article in the Philippines collectively account for more than seven per cent (7%) of
the total imports of that article.
"(h) Investigation of the Commission. - Within three (3) working days upon its receipt of the
records of the case from the Secretary, the Commission shall start the formal investigation and shall
accordingly notify in writing all parties on record and, in addition, give public notice of the exact
initial date, time and place of the formal investigation through the publication of such particulars anda concise summary of the petition in two (2) newspapers of general circulation.
"In the formal investigation, the Commission shall essentially determine the following:
"(1) If the article in question is being imported into, or sold in the Philippines at a price less than
its normal value; and the difference, if any, be tween the export price and the normal value of the
article.
"(2) The presence and extent of material injury or the threat thereof to the domestic industry, or
the material retardation of the establishment of a domestic industry;
"(3) The existence of a causal relationship between the allegedly dumped product, commodity or
article and the material injury or threat of material injury to the affected domestic industry, or materialretardation of the establishment of a domestic industry;
"(4) The anti-dumping duty to be imposed; and
"(5) The duration of the imposition of the anti-dumping duty.
"The Commission is hereby authorized to require any interested party to allow its access to or
otherwise provide necessary information to enable  the Commission to expedite the investigation.
"The formal investigation shall be conducted in a summary manner.  No dilatory tactics or
unnecessary or unjustified delays shall be allowed and the technical rules of evidence used in regularcourt proceedings shall not be applied.
"In case any or all of the parties on record fail to submit their answers to
questionnaires/position papers within the prescribed period, the Commission shall base its findings on
the best available information.G/ADP/N/1/PHL/2
Page 6
"The Commission shall complete the formal investigation and submit a report of its findings,
whether favorable or not, to the Secretary within on e hundred twenty (120) days from receipt of the
records of the case:  Provided, however, That the Commission shall, before a final determination is
made, inform all the interested parties in writing of the essential facts under consideration which form
the basis for the decision to apply definitive measures .  Such disclosure should take place in sufficient
time for the parties to defend their interests.
"(i) Determination of Material Injury or Threat Thereof. - The presence and extent of material
injury to the domestic industry, as a result of the dumped imports shall be determined on the basis of
positive evidence and shall require an objective examination of, but shall not be limited to the
following:
"(1) The rate of increase and amount of imports, either in absolute terms or relative to production
or consumption in the domestic market;
"(2) The effect of the dumped imports on the price in the domestic market for like product,
commodity or article, that is, whether there has been a significant price undercutting by the dumped
imports as compared with the price of like product, commodity or article in the domestic market, or
whether the effect of such imports is otherwise to depress prices to a significant degree or preventprice increases, which otherwise would have occurred, to a significant degree; and
"(3) The effect of the dumped imports on the domestic producers or the resulting retardation of the
establishment of a domestic industry manufacturing like product, commodity or article, including an
evaluation of all relevant economic factors and indices having a bearing on the state of the domestic
industry concerned, such as, but not limited to, actual or potential decline in output, sales, market
share, profits, productivity, return on investments, or utilization of capacity; factors affecting domesticprices; the magnitude of dumping; actual and potential negative effects on cash flow, inventories,employment, wages, growth, and ability to raise capital or investments.
"The extent of injury of the dumped imports to the domestic industry shall be determined by
the Secretary and the Commission upon examination of all relevant evidence.  Any known factors
other than the dumped imports which at the same time are injuring the domestic industry shall also be
examined and the injuries caused by these factors must not be attributed to the dumped imports.  The
relevant evidence may include, but shall not be limited to, the following:
"(1) The volume and value of imports not sold at dumping prices;"(2) Contraction in demand or changes in consumption pattern;
"(3) Trade restrictive practices and competition between foreign and domestic producers;"(4) Developments in technology; and
"(5) Export performance and productivity of the domestic industry.
"A determination of a threat of material injury shall be based on facts and not merely on
allegation, conjecture or remote possibility.  The change in circumstances which will create a situationin which the dumping will cause injury must be clearly foreseen and imminent.  In making a
determination regarding the existence of a threat of material injury, the following shall be considered,
inter alia, collectively:
"(1) A significant rate of increase of the dumped imports in the domestic market indicating the
likelihood of substantially increased importation;G/ADP/N/1/PHL/2
Page 7
"(2) Sufficient freely disposable, or an imminent, substantial increase in capacity of the exporter
indicating the likelihood of substantially increased dumped exports to the domestic market, taking
into account the availability of other export markets to absorb any additional exports;
"(3) Whether imports are entering at prices that will have a significant depressing or suppressing
effect on domestic prices and will likely increase demand for further imports; and
"(4) Inventories of the product being investigated.
"(j) Voluntary Price Undertaking.  - Anti-Dumping investigation may be suspended or terminated
without the imposition of provisional measures or anti-dumping duties upon receipt of the
Commission of a satisfactory voluntary price undertaking executed by the exporter or foreign
producer under oath and accepted by the affected industry that he will increase his price or will cease
exporting to the Philippines at a dumped price, thereb y eliminated the material  injury to the domestic
industry producing like product.  Price increases under such undertaking shall not be higher than
necessary to eliminate the margin of dumping.
"A price undertaking shall be accepted only after a preliminary affirmative determination of
dumping and injury caused by such dumping has been made.  No price undertaking shall take effectunless it is approved by the Secretary after a recommendation by the Commission.
"Even if the price undertaking is acceptable, the investigation shall nevertheless be continued
and completed by the Commission if the exporter or foreign producer so desires or upon advice of the
Secretary.  The undertaking shall automatically lapse in case of a negative finding.  In case of anyaffirmative finding, the undertaking shall continue, co nsistent with the provisions of Article VI of the
GATT 1994.
"(k) Cumulation of Imports. -  When imports of products, commodities or articles from more than
one country are simultaneously the subject of an anti-dumping investigation, the Secretary or theCommission may cumulatively assess the effects of such imports only if the Secretary and theCommission are convinced that:
"(1) The margin of dumping established in relation to the imports from each country is more than
de minimis as defined in Subsection G;
"(2) The volume of such imports from each country is not negligible, also as defined in
Subsection G; and
"(3) A cumulative assessment of the effects of such imports is warranted in the light of the
conditions of competition between the imported products, commodities or articles, and the conditionsof competition between the imported product and the like domestic products, commodities or articles.
"(l) Imposition of the Anti-Dumping Duty. - The Secretary shall, within ten (10) days from
receipt of the affirmative final determination by the Commission, issue a Department Order imposing
an anti-dumping duty on the imported product, commodity, or article, unless he has earlier accepted a
price undertaking from the exporter or foreign producer.  He shall furnish the Secretary of Finance
with the copy of the order and request the latter to direct the Commissioner of customs to collectwithin three (3) days from receipt thereof  the definitive anti-dumping duty.
"In case a cash bond has been filed, the same shall be applied to the anti-dumping duty
assessed.  If the cash bond is in excess of the anti-dumping duty assessed, the remainder shall be
returned to the importer immediately including interest earned, if any:  Provided, That no interest shall
be payable by the government on the amount to be returned.  If the assessed anti-dumping duty ishigher than the cash bond filed, the difference shall not be collected.G/ADP/N/1/PHL/2
Page 8
"Upon determination of the anti-dumping duty, the Commissioner of Customs shall submit to
the Secretary, through the Secretary of Finance, certified reports on the disposition of the cash bond
and the amounts of the anti-dumping duties collected.
"In case of a negative finding by the Commission, the Secretary shall issue, after the lapse of
the period for the petitioner to appeal to the Court of Tax Appeals, through the Secretary of Finance,an order for the Commissioner of Customs for the immediate release of the cash bond to the importer. In addition, all the parties concerned shall also be properly notified of the dismissal of the case.
"(m) Period Subject to Anti-Dumping Duty. - An anti-dumping duty may be levied retroactively
from the date the cash bond has been imposed and onw ards, where a final determination of injury is
made, or in the absence of provisional measures, a threat of injury has led to actual injury.  Where a
determination of threat of injury or material retardation is made, anti-dumping duties may be imposed
only from the date of determination thereof and any cash bond posted shall be released in an
expeditious manner.  However, an anti-dumping duty may be levied on products which were imported
into the country not more than ninety (90) days prior to the date of application of the cash bond, whenthe authorities determine for the dumped product in question that:
"(1) There is a history of dumping which caused injury or that the importer was, or should have
been, aware that the exporter practices dumping and that such dumping would cause injury; and
"(2) The injury is caused by massive dumped imports of a product in a relatively short time which
in light of the timing and the volume of the dumped imports and other circumstances (such as rapid
build-up of inventories of the imported product)  is likely to seriously undermine the remedial effect
of the definitive anti-dumping duty to be applied:  Provided, That the importers concerned have been
given an opportunity to comment.
"No duties shall be levied retroactively pursuant to herein subsection on products entered for
consumption prior to the date of initiation of the investigation.
"(n) Computation of Anti-Dumping Duty. - If the normal value of an article cannot be determined,
the provisions for choosing alternative normal value under Article VI of GATT 1994 shall apply.
"If possible, an individual margin of dumping shall be determined for each known exporter or
producer of the article under investigation.  In cases where the number of exporters, producers,
importers or types of products involved is so large as to make such determination impracticable, the
Secretary and the Commission may limit their examination either to a reasonable number of interested
parties or products by using samples which are statistically valid on the basis of information available
to them at the time of the selection, or to the largest percentage of volume of exports from the countryin question which can reasonably be investigated.
"However, if a non-selected exporter or producer submits information, the investigation must
extend to that exporter or producer unless this will prevent the timely completion of the investigation.
"New exporters or producers who have not expor ted to the Philippines during the period of
investigation will be subject to an accelerated review.  No anti-dumping duties shall be imposed
during the review.  Cash bonds may be requested to ensure that in case of affirmative findings, anti-dumping duties can be levied retroactively to the date of initiation of the review.
"(o) Duration and Review of the Anti-Dumping Duty.- As a general rule, the imposition of an anti-
dumping duty shall remain in force only as long as and to the extent necessary to counteract dumping
which is causing or threatening to cause materi al injury to the domestic industry or material
retardation of the establishment of such industry.G/ADP/N/1/PHL/2
Page 9
"However, the need for the continued imposi tion of the anti-dumping duty may be reviewed
by the Commission when warranted motu proprio, or upon the direction of the Secretary, taking into
consideration the need to protect the existing domestic industry against dumping.
"Any interested party with substantial positive information may also petition the Secretary for
a review of the continued imposition of the anti-dum ping duty:  Provided, That a reasonable period of
time has elapsed since the imposition of the anti-dumping duty.  Interested parties shall have the right
to request the Secretary to examine: 1) whether the continued imposition of the anti-dumping duty is
necessary to offset dumping; and 2) whether the injury would likely continue or recur if the anti-dumping duty were removed or modified, or both.
"If the Commission determines that the anti-dumping duty is no longer necessary or
warranted, the Secretary shall, upon its recomme ndation, issue a departme nt order immediately
terminating the imposition of the anti-dumping duty.  All parties concerned shall be notified
accordingly of such termination, including the Secretary of Finance and the Commissioner of
Customs.
"The duration of the definitive anti-dumping duty shall not exceed five (5) years from the date
of its imposition (or from the date of the most rece nt review if that review has covered both dumping
and injury) unless the Commission has determined in a review initiated before that date on their own
initiative or upon a duly substantiated request made by or on behalf of the domestic industry within areasonable time period prior to the termination date that the termination of the anti-dumping duty willlikely lead to the continuation or recurrence of dumping and injury.
"The provisions of this Section regarding evidence and procedures shall apply to any review
carried out under this Subsection and any such review should be carried out expeditiously and shouldbe conducted not later than one hundred fifty (150) days from the date of initiation of such review.
"(p) Judicial Review.- Any interested party in an anti-dumping investigation who is adversely
affected by a final ruling in connection with the imposition of an anti-dumping duty may file with the
Court of Tax Appeals, a petition for the review of such ruling within thirty (30) days from his receipt
of notice of the final ruling:  Provided, however, That  the filing of such petition for review shall not in
any way stop, suspend, or otherwise hold the imposition or collection, as the case may be, of the anti-
dumping duty on the imported product, commodity or article.  The rules of procedure of the court onthe petition for review filed with the Court of Tax Appeals shall be applied.
"(q) Public Notices. - The Secretary or the Commission shall inform in writing all interested
parties on record and, in addition, give public notices by publishing in two (2) newspapers of general
circulation when:
"(1) Initiating an investigation;
"(2) Concluding or suspending investigation;"(3) Making any preliminary or final determination whether affirmative or negative;"(4) Making a decision to accept or to terminate an undertaking; and
"(5) Terminating a definitive anti-dumping duty.
"(r) Report to be Submitted by the Bureau of Customs.- The Secretary shall regularly submit to
the Commissioner of Customs a list of imported prod ucts susceptible to unfair trade practices.  The
Commissioner of Customs is hereby mandated to submit to the Secretary monthly reports coveringimportations of said products, including but not limited to the following:G/ADP/N/1/PHL/2
Page 10
"(1) Commercial invoice;
"(2) Bill of lading;
"(3) Import entries; and"(4) Pre-shipment reports.
"Failure to comply with the submission of su ch report as provided herein shall hold the
concerned officials liable and shall be punished with a fine not exceeding the equivalent of six (6)months salary or suspension not exceeding one (1) year.
"(s) Definition of Terms. - For purposes of this Act, the following definitions shall apply:
"(1) Anti-dumping duty refers to a special duty imposed on the importation of a product,
commodity or article of commerce into the Philippine s at less than its normal value when destined for
domestic consumption in the exporting country, which is the difference between the export price andthe normal value of such product, commodity or article.
"(2) Export price refers to (1) the ex-factory price at the point of sale for export; or (2) the F.O.B.
price at the point of shipment.  In cases where (1) or (2) cannot be used, then the export price may be
constructed based on such reasonable basis as the Secretary or the Commission may determine.
"(3) Normal value refers to a comparable price at  the date of sale of the like product, commodity
or article in the ordinary course of trade when destined for consumption in the country of export.
"(4) Domestic industry refers to the domestic producers as a whole of the like product or to those
of them whose collective output of the product constitutes a major proportion of the total domestic
production of that product, except when producers are related to the exporters or importers or are
themselves importers of the allegedly dumped product, the term 'domestic industry' may beinterpreted as referring to the rest of the producers.
"(5) Dumped import/ product refers to any product, commodity or article of commerce introduced
into the Philippines at an export price less than its normal value in the ordinary course of trade, for the
like product, commodity or article destined for consumption in the exporting country, which is
causing or is threatening to cause material injury to a domestic industry, or materially retarding the
establishment of a domestic industry producing the like product.
"(6) Like product refers to a product which is identical or alike in all respects to the product under
consideration, or in the absence of such a product, another product which, although not alike in allrespects, has characteristics closely resembling those of the product under consideration.
"(7) Non-selected exporter or producer refers to an exporter or producer who has not been initially
chosen as among the selected exporters or producers of the product under investigation.
"(t) Administrative Support.-  Upon the effectivity  of this Act, the Departments of Trade and
Industry, Agriculture and the Tariff Commission, shall ensure the efficient and effective
implementation of this Act by creating a special unit within their agencies that will undertake the
functions relative to the disposition of anti-dumping cases.  All anti-dumping duties collected shall be
earmarked for the strengthening of the capabilities of  these agencies to undertake their responsibilities
under this Act."
SEC. 4.  Penalty Clause. -  Failure of the government officials herein mentioned to prosecute,
investigate and initiate necessary action against the exporter as provided in this Act and of the rulesG/ADP/N/1/PHL/2
Page 11
and regulations issued pursuant hereto shall be a ground for dismissal from office, in addition to the
sanctions provided in the Revised Penal Code and the Anti-Graft and Corrupt Practices Act.
Failure of the concerned officials of the Bureau of Customs to collect the cash bond or
definitive dumping duty pursuant to the department order of the Secretary shall constitute prima facie
evidence and dereliction of duty which shall be punishable by removal from the office.
The importer's license or charter to do business shall be revoked for those found guilty of
dumping.  Further, its officers shall be disqualified from holding official positions in corporations of
other business entities in the Philippines.  A fine equal to twice the definitive anti-dumping duty shall
be imposed.
SEC. 5.  Annual Report. - The use of funds under this Act shall be subject to regular audit by the
Commission on Audit which shall render an annual report of its findings to Congress.  Likewise, theSecretary shall submit an annual report of its operation under this Act to Congress.
SEC. 6.  Oversight. - There shall be a Congressional Oversight Committee composed of the Chairmen
of the Committee on Trade and Industry of both the Senate and the House of Representatives, and
Members from the Committee on Ways and Means as designated in both chambers.
SEC. 7.  Rules and Regulations. - An inter-agency committee to be composed of the Secretaries of the
Departments of Trade and Industry, Agriculture,  and Finance, the Commissioner of the Bureau of
Customs and the Chairman of the Tariff Commission shall promulgate all rules and regulations
necessary to carry out their respective functions under this Act.
SEC. 8.  Repealing Clause. - Section 301, Part 2, Ti tle II, Book I of the Tariff and Customs Code, as
amended by Republic Act No. 7843 and all other laws, decrees, rules and regulations, ordinances,
executive or administrative orders, and such other presidential issuances related to dumping which are
inconsistent with any of the provisions of this Act are hereby repealed, amended or otherwisemodified accordingly.
SEC. 9.  Separability Clause. - If any of the provisions of this Act is declared invalid by a competent
court, the remainder of this Act or any provisions not affected by such declaration of invalidity shall
remain in full force and effect.
SEC. 10.  Effectivity Clause. - This Act shall take effect after fifteen (15) days following its
publication in at least two (2) newspapers of general circulation.G/ADP/N/1/PHL/2
Page 12
ADMINISTRATIVE ORDER NO. 01
Implementing Rules and Regulations
Governing the Imposition of an
Anti-Dumping Duty under
REPUBLIC ACT 8752
THE ANTI-DUMPING ACT OF 1999
In view of the amendments to Section 301 of the Tariff and Customs Code of the Philippines
brought about by the passage of RA 8752, otherwise known as the ANTI-DUMPING ACT OF 1999,
and by authority of Subsection 7 thereof, the following rules and regulations are hereby prescribed forthe compliance of all concerned: 
Section 1.  Scope   - The provisions of this Implementing Rules and Regulations (IRR) shall
apply to any product which is imported into the Philippines at an export price less than its normal
value in the ordinary course of trade for the li ke product when destined for consumption in the
country of export or origin and which is causing or is threatening to cause material injury to a
domestic industry, or materially retarding the establishment of a domestic industry producing the likeproduct in the Philippines. 
The shipment and/or consignment of the follow ing products shall not be subject to an anti-
dumping protest: 
(a) Products imported by or consigned to government agencies not organized for profit and
particularly designated by law or proper authorities to import, directly or through awardees,
such products as would stabilize or supplement shortages; and 
(b) Conditionally duty-free importations allowable under Section 105 of the Tariff and Customs
Code of the Philippines, as amended.   
Section 2.  Definition of Terms  - For purposes of this IRR, the following definition of terms
shall prevail: 
(a) "AGRICULTURAL PRODUCT " refers to a product classified under Chapters 1 to 24 of the
Tariff and Customs Code of the Philippines, including those under the specific tariff lines
listed in Annex A. 
(b) "ANTI-DUMPING DUTY" refers to a special duty imposed on the importation of a product
into the Philippines at less than its normal value when destined for domestic consumption in
the country of export or origin, it being the difference between the export price and the
normal value of such product. 
(c) "ARMS LENGTH TRANSACTION" refers to a transaction where the price is not affected by
any relationship between the buyer and the seller, or if there is no compensation,
reimbursement, benefit or other consideration given in respect of the price.
(d) “CAUSAL LINK" refers to a finding that the material injury suffered by the domestic
industry is the direct result of the importation of the dumped product.
(e) “COMMISSION” refers to the Tariff Commission.G/ADP/N/1/PHL/2
Page 13
(f) "COMPARABLE PRICE" refers to the domestic price of the like product in the country of
export or origin at the same level of trade, normally at the ex-factory level, and in respect of
sales made at the same time as, or as near as possible to, the date of exportation to the
Philippines. 
(g) “COUNTRY OF EXPORT” is the country where the allegedly dumped product was shipped
to the Philippines, regardless of the location of the seller.  The country of export and the
country of origin may be the same, but not in all instances. 
(h) “COUNTRY OF ORIGIN” is the country where the allegedly dumped product either was
wholly obtained or where the last substantial transformation took place. The country of origin
and the country of export may be the same, but not in all instances.  In the case oftransshipment where a product is shipped from a third country that is not the country where
the product was manufactured or processed, the country of origin will be different from the
country of export. 
(i) "DOMESTIC INDUSTRY" refers to the domestic producers as a whole of the like product or
to those of such producers whose collective output of the product constitutes a major
proportion of the total domestic production of th at product, except that when producers are
related to the importers or foreign exporters or are themselves importers of the allegedly
dumped product, the term "domestic industry" may be interpreted as referring to the rest of
the producers.
Producers shall be deemed to be related to importers or foreign exporters only if:1. one of them directly or indirectly controls the other; or 
2. both of them are directly or indirectly controlled by a third person; or3. together they directly or indirectly control a third person, provided that there are
grounds to believe or suspect that the effect of the relationship is such as to cause the
producer concerned to behave differently from non-related producers.
For this purpose, one shall be deemed to control another when the former is legally or
operationally in a position to exercise restraint or direction over the latter. 
If available data does not permit the separate identification of the domestic production of the
like product, the domestic production shall refer to the production of the narrowest group or range of
products which includes the like product for which the necessary information is available.
(j) "DUMPED IMPORT/ PRODUCT" refers to any product which is imported into the
Philippines at an export price less than its normal value in the ordinary course of trade for the
like product destined for consumption in the country of export or origin, and which is causing
or is threatening to cause material injury to a domestic industry, or materially retarding the
establishment of a domestic industry producing the like product.
(k) “FOREIGN EXPORTER” refers to one whose name appears on documentation attesting to
the export of the product to the Philippines regardless of the manufacturer’s name in the
invoice.
(l) "EXPORT PRICE" refers to (1) the ex-factory price at the point of sale for export; or (2) the
freight-on-board (F.O.B.) price at the point of  shipment, of the allegedly dumped product. In
cases where (1) or (2) cannot be used, then the export price may be constructed based on such
reasonable bases as the Secretary or the Commission may determine.G/ADP/N/1/PHL/2
Page 14
(m) “INTERESTED PARTIES” refer to persons or entities which are directly affected by the
investigation.  They shall include (1) a domestic importer, a foreign exporter or producer of
the product subject to investigation, or a trade or business association a majority of the
members of which are importers, foreign exporters or producers of such product; (2) the
government of the country of export or origin; and (3) a producer of the like product in thePhilippines or a trade and business association a majority of the members of which produce
the like product in the Philippines.
(n) "LIKE PRODUCT" refers to a product which is identical or alike in all respects to the
allegedly dumped product, or in the absence of  the former, another product which, although
not alike in all respects, has characteristics closely resembling those of the allegedly dumped
product.
(o) "NEW FOREIGN EXPORTER" refers to a foreig n exporter who did not export the allegedly
dumped product during the investigation period.
(p) "NON-AGRICULTURAL PRODUCT" refers to a product classified under Chapters 25 to 97
of the Tariff and Customs Code of the Philippines, excluding the products defined in
Annex A.
(q) "NON-SELECTED FOREIGN EXPORTER OR PRODUCER" refers to a foreign exporter or
producer who has not been initially selected for the purpose of computing the individualmargins of dumping. 
(r) "NON-MARKET ECONOMY" refers to the country of export or origin where the
government (1) has a monopoly or substantial monopoly of trade of the country and; (2)
determines or substantially influences the domestic price of the products in that country.
(s) “NORMAL VALUE" refers to a comparable price at the date of sale of the like product in the
ordinary course of trade when destined for consumption in the country of export or origin.
(t) "PRICE DEPRESSION" refers to the extent at which the domestic producer reduces its
selling price in order to compete with the allegedly dumped product.
(u) "PRICE SUPPRESSION" refers to the exte nt by which the allegedly dumped product
prevents the domestic producer from increasing its selling price to a level that will allow full
recovery of its cost of production.
(v) "PRICE UNDERCUTTING" refers to the extent at which the allegedly dumped product is
consistently sold at a price below the domestic selling price of the like product.
(w) "SECRETARY" refers to the Secretary of Tr ade and Industry in the case of non-agricultural
product or the Secretary of Agriculture, in the case of agricultural product, or their duly
designated representatives.
(x) "TRANSSHIPMENT" refers to a case where the allegedly dumped product is not imported
directly from the country of origin but is phy sically shipped through a third country without,
however, entering into the commerce thereof.G/ADP/N/1/PHL/2
Page 15
Section 3.  Initiation of Action
(a) Information and other forms of assistance to the domestic industry:
The Secretary and the Commission shall, upon request, make available to the public general
information concerning the anti-dumping measure and other forms of trade remedies.  Suchinformation may include the procedures to be foll owed and the appropriate dates or milestones in
investigations related to the imposition of such measures.
The Secretary and the Commission shall also provide, to the extent possible at all stages of
the action, assistance and advice to interested parties which seek to obtain the remedies and benefits
of the anti-dumping measure, such assistance and advice to include the following:
1. Information on import volumes and values, at the specific product level;
2. Information on prices and costs of production in other countries, and other relevant
information; and
3. Informal legal and technical advice on the appropriateness of invoking the anti-dumping
measure as a remedy for the trade problem, and on the availability of information in supportof the proposal.
Philippine trade, agriculture or finance attaches and other consular officials or attaches in the
countries of export or production are also mandated to furnish the applicant pertinent information or
documents related to the allegedly dumped product within a period not exceeding thirty (30) daysfrom receipt of a request.
The Department and the Commission shall coordinate with their representatives in other
countries and/or tap other information sources in building a database of these information.
Receipt of these forms of assistance shall not be construed as a guarantee that the recipient
will prevail in the anti-dumping investigation.
(b) Petitioners
1. Any person whether natural or juridical, representing a domestic industry may file a written
application using the pro-forma protestant’s questionnaire, duly supported by relevant documents
which shall include evidence of a) dumping, b) injury, and c) causal link between the importation of
the allegedly dumped products and the alleged injury.  The applicant shall submit four (4) copies of
the application, including annexes, two (2) copies of which shall contain the non-confidential
summaries of the information submitted.  Simple assertions, unsubstantiated by relevant evidences,
cannot be considered sufficient to meet the requirements of this paragraph.
2. A properly documented application shall contain relevant evidences and information
reasonably available to the applicant on the following:
(i) identity of the applicant and a description of the volume and the value of his domestic
production of the like product;
(ii) a list of all known domestic producers of the like product and, if possible, a
description of the volume and value of domestic production of the like product
accounted for by such producers, if the application is made on behalf of the domestic
industry;
(iii) complete description of the allegedly dumped product;
(iv) name of the country of export or origin of the allegedly dumped product;G/ADP/N/1/PHL/2
Page 16
(v) identity of each known foreign exporter or producer of the allegedly dumped product,
or their duly authorized representative organizations;
(vi) list of known persons importing the allegedly dumped product with their last known
address;
(vii) information on the normal value of the allegedly dumped product in the country of
export or origin or, if appropriate, information on the prices at which the product issold from the country of export or origin to a third country or, on the constructed
value of such product;
(viii) information on export prices or, if appropriate, on prices at which the product is first
resold to an independent buyer in the Philippines;
(ix) information on the evolution of the import volume of the allegedly dumped products;
(x) effect of the price of the allegedly dumped products on the price of the like product in
the domestic market;  and
(xi) consequent impact of the importation  of the allegedly dumped products on the
domestic industry demonstrated by relevant factors and indices having a bearing on
the state of the domestic industry as enumerated in Section 12 of this IRR.
3. The application shall include a certification signed by the applicant that the information
presented therein are accurate and complete to the best of his knowledge.
(c) Filing of a Petition
1. The duly accomplished application, using the pro-forma protestant’s questionnaire, shall be
filed with the Secretary of Trade and Industry in the case of a non-agricultural product, or with the
Secretary of Agriculture in the ca se of an agricultural product.
2. Upon the acceptance of a properly documented application, the Secretary shall require the
applicant to post a surety bond to answer for any and all damages that the importer may sustain byreason of the filing of a frivolous petition.  Failure to post the surety bond within ten (10) days shall
result in the dismissal of the application.
The surety bond shall be equal to ten per cent (10%) of the value of the importation of the
allegedly dumped product during the applicable peri od of investigation as provided in Section 11.a:
Provided, That the surety bond shall not exceed two hundred fifty thousand pesos (PhP 250,000.00) in
the case of an agricultural product, or five hund red thousand pesos (PhP 500,000.00) in the case of a
non-agricultural product.  The Secretary shall order the immediate release of the surety bond upon
determining that the petition is not frivolous.
3. The application is not frivolous if the reason for its dismissal is a de minimis margin of
dumping or negligible volume or injury as defined in Section 9 of this IRR.  It is also not frivolous if,
based on evidences available to the Secretary, the causal link cannot be established which prevents the
issuance of an Order to impose a provisional measure.
In determining whether an application is frivolous or not, either of the following factors may
be taken into account:
(i) Whether there is any intentional misrepresentation of the information or evidence
supplied in the application;  or
(ii) Whether there is any other evidence of bad faith on the part of the applicant.
4. The Secretary shall preliminarily screen the application if the following conditions are met:
(i) The application is signed;G/ADP/N/1/PHL/2
Page 17
(ii) All relevant questions are answered or the reasons for the absence of information are
given
(iii) The attachments to the application are complete;  and
(iv) The application is supported by a sufficient part of the Philippine industry producing
the like product.
Failure to supply all the information sought in the application will lead to the non-acceptance
thereof.  The Secretary shall check the consistenc y of the information provided in the application
against other information available to him.  Th e Secretary shall clarify any unclear or ambiguous
statement with the applicant.
As soon as the requirements are completed, the Secretary shall acknowledge in writing that he
has already accepted a properly documented application.  The date of the Secretary's letter shall beconsidered as day zero (0) of the five (5) days within which he is required to determine whether there
is sufficient evidence to justify the initiation of an investigation.  The Secretary shall issue the letter as
soon as practicable from his receipt of a properly documented application. If the applicant decides to
give the Secretary further information in support of an application, the five (5) day period herein
mentioned shall recommence, from the date of the submission of the new information.  After thisperiod, the Secretary shall no longer entertain any information that may be provided by the applicant. 
(d) Requirements for Initiation
1. The Secretary shall, within five (5) working days from the date of his letter accepting the
properly documented application referred to in Section 3.c.4, examine the accuracy and adequacy of
the petition to determine whether there is sufficient evidence to justify the initiation of an
investigation.  The evidence of both dumping and in jury shall be considered simultaneously a) in the
decision whether or not to initiate an investigation, and b) thereafter, during the course of the
investigation, starting at the earliest date when provisional measures may be applied.
In assessing the sufficiency of evidence provided in the application, the Secretary will only
satisfy himself that there is evidence that in dicates dumping or the likelihood of dumping, and
material injury based on the evidences submitted by the applicant.
If there is no sufficient evidence to justify the initiation of an investigation, the Secretary shall
dismiss the petition and notify the Secretary of Finance, the Commissioner of Customs and other
parties concerned regarding such dismissal.
2. An investigation shall not be initiated unless it has been determined that the application has
been made "by or on behalf of the domestic industry”.  The application shall be considered to have
been made "by or on behalf of the domestic industry" if it is supported by those domestic producerswhose collective output constitutes more than fifty per cent (50%) of the total production of the like
product produced by that portion of the domestic industry expressing either support for, or opposition
to, the application.  In cases involving an exceptionally large number of producers, the degree of
support and opposition may be determined by using a statistically valid sampling technique or by
consulting their representative organizations.
3. No investigation shall be initiated when domestic producers expressly supporting the
application account for less than twenty five per cent (25%) of total production of the like product
produced by the domestic industry.
4. In exceptional circumstances, the Philippi nes may be divided into two (2) or more
competitive markets and the producers within each market may be regarded as a separate industry ifG/ADP/N/1/PHL/2
Page 18
(a) the producers within such market have the dominant market share and (b) the demand in that
market is not substantially supplied by other producers elsewhere in the Philippines.
5. If in special circumstances, the Secretary decides to initiate an investigation without having
received a written application by or on behalf of a domestic industry for the initiation of such
investigation, he shall proceed only if he has sufficient evidence of dumping, injury, and causal link tojustify the initiation of an investigation.
These special circumstances may involve, among others(i) The absence of a national organization of producers, if there are many small-scale
producers of the like product which cannot be regarded as a separate industry under
the criteria set forth in Section 3.d.4 of this IRR;
(ii) The inability of a national or local organization of producers to file an application due
to limited resources;  or
(iii) The presence of a national or local emergency which prevents the affected domestic
industry from filing a petition.
6. All persons in or against whom any right to reli ef in respect to the alleged dumping is claimed
to exist may, upon the discretion of the Secretary or the Commission, join as petitioners or be joined
as respondents in one (1) petition, where any question of law or fact common to all such respondents
may arise in such anti-dumping action. 
Section 4.  Notice to the Secretary of Finance
(a) Within three (3) days from the receipt of the application, the Secretary shall notify the
Secretary of Finance and furnish him with a co mplete copy or summary of the application, or
of the information supporting an anti-dumping action in case the Secretary initiates theinvestigation on his own motion.
(b) The Secretary of Finance shall inform the Commissioner of Customs, within three (3) days
from receipt of the notice by the Secretary as defined in the preceding paragraph, of the filing
and pendency of the application or information for anti-dumping action and instruct him togather and furnish the Secretary, within five (5) days from receipt of the instructions of the
Secretary of Finance certified true copies of all import entries and relevant documents
covering such allegedly dumped product importe d into the Philippines during the last twelve
(12) months preceding the date of applicati on. The Commissioner of Customs shall likewise
make such similar additional reports on the number, volume, and value of the importation of
the allegedly dumped product to the Secretary every ten (10) days thereafter. Under no
circumstances shall an anti-dumping investigation hinder the implementation of theprocedures for custom clearance.
Section 5.  Notice to the Country of Export or Origin
Upon his acceptance of a properly documented application and before proceeding to initiate
an investigation, the Secretary shall notify the govern ment of the country of export or origin about the
impending anti-dumping investigation and provide it a copy of the non-confidential summary of the
application.  However, the Secretary shall refrain from publicizing the application for the initiation of
the investigation before a decision has been made to do so.G/ADP/N/1/PHL/2
Page 19
Section 6.  Notice to Concerned Parties and Submission of Evidences
(a) Within four (4) days after he makes the deci sion to initiate a preliminary investigation, the
Secretary shall cause the publication of the notice of initiation of preliminary investigation in
two (2) newspapers of general circulation.  The date of publication shall be considered as day
one (1) of the initiation of the investigation.
The public notice of the initiation of an investigation shall contain, unless otherwise made
available through a separate report, adequate information on the following matters:
(i) The nature of the allegedly dumped product;
(ii) The country concerned;
(iii) A summary of the particulars of the injury  and basis of the alleged dumping in the
application;
(iv) The time period for the submission of evidences or views to the Secretary;
(v) The date of the initiation of the investigation;  and
(vi) The address to which representations by interested parties shall be directed.
(b) Within two (2) days from the initiation of the investigation and after having notified the
country of export or origin, the Secretary shall: 
(i) Identify all known interested parties i.e. importer, foreign exporter and/or producer,
and notify them of the initiation of the investigation;
(ii) Furnish them with a copy of the initiation report, petitioner's application, and its
annexes, subject to the requirement to protect confidential information; and
(iii) Provide them with a pro-forma respondent’s questionnaire.
The respondent is required to submit within thir ty (30) days from the receipt of such notice
the completed pro-forma respondent’s questionnaire and other evidence and information to dispute
the allegations contained in the application.
In cases where the number of known interested parties is so large that it is impractical to
provide a non-confidential copy of the documents to each of them, a copy will be given to thegovernment of the country of export or origin and to the representative organizations.  These
documents shall also be made available to other interested parties involved upon request. 
The notice shall be deemed to have been received five (5) days from the date on which it was
sent by registered mail or transmitted by fax to th e respondent or the appropriate diplomatic or official
representative of the country of export or origin.
Philippine trade or agriculture attaches and other consular officials in the concerned country
of export or origin may also be provided a copy of the notice of initiation, the non-confidential
application, and the pro-forma respondent’s questionnaire.
(d) The Secretary and the Commission shall provide opportunities for industrial users of the
allegedly dumped product, and for representative consumer organizations in cases where such
product is commonly sold at the retail level, to provide information which is relevant to the
investigation.
(e) The pro-forma respondent’s questionnaire shall be used by both the Secretary and the
Commission in their respective enquiries.  Whenever any interested party fails to respond
adequately to such questionnaire, is unable to produce information requested, refuses access
to or otherwise does not provide any other information within the period allowed for theG/ADP/N/1/PHL/2
Page 20
investigation, or otherwise significantly impe des the investigation, the preliminary or final
determination of the conditions required in an anti-dumping investigation shall proceed on the
basis of facts available.  Even though the information provided by any interested party may
not be complete in all respects, this shall not be disregarded provided the interested party is
deemed to have acted to the best of his ability.
(f) If any evidence or information is not accepted by the Secretary, the supplying party shall be
informed forthwith of the reason/s therefor, and shall be given an opportunity to provide
further explanations: Provided, That this will not impede the investigation considering the
period required for the Secretary to make a preliminary determination.  If the explanations are
not satisfactory, the reasons for the rejection of such evidence or information shall be given in
the report containing the preliminary determination.
(g) Information which are confidential, either by nature or which are provided on a confidential
basis, shall not be disclosed without the expressed permission of the supplying party.  The
interested parties providing confidential info rmation shall be required to provide two (2)
copies of non-confidential summaries thereof to be placed in a public file and made available
to all interested parties upon the initiation of the investigation.  These summaries shall containsufficient details to permit a reasonable understanding of the confidential information to
enable other parties to respond to claims based on such information.  In exceptional
circumstances, wherein summarization of confidential information is not possible, the
supplying party must state the reason why it cannot be provided. Where any request for
confidentiality is not warranted or the supplier  of the information is either unwilling to make
the information public or to authorize its disc losure in summary form, such information may
be disregarded, unless it can be shown from appropriate sources that the information is
correct.
The following information may be considered c onfidential if so designated by the supplying
party:
1. Business or trade secrets concerning the nature of the product or the production process;
2. Production costs but not the identities of th e production components, unless these are trade
secrets;
3. Distribution costs but not the channels of distribution;
4. Terms of sale but not those offered to the public;
5. Prices of individual sales, likely sales, or other offers but  not components of prices, such as
transportation, if based on published schedules, dates of sale, order numbers, or product
descriptions (other than business or trade secrets described in (1);
6. Names of particular customers, distributors, or suppliers but not destinations of sale or
designation of type of customer, distributor or supplier, unless the destination or designation
would reveal the name;
7. Exact amount of the dumping margin on individual sales;
8. Names of particular persons from whom confidential information was obtained;  and
9. Any other specific business information which, if released to the public, would cause
substantial harm to the competitive position of the supplying party.
(h) In order to verify information contained in the application or to obtain further details, the
Secretary may conduct visits, or ocular inspections of the facilities, of the domestic producers
and importers.
The Secretary may also visit other domestic producers and importers that have not provided
submissions during the investigation.G/ADP/N/1/PHL/2
Page 21
(i) A public file shall be maintained by the Secretary and the Commission for all investigations
initiated.  It shall contain a copy of all submissions from interested parties and all relevant
correspondences concerning the investigation, subject to confidentiality considerations.  The
public file will be made available to any interested party upon request.
The following will normally be considered as public information:
1. Factual information of a type that has been published or otherwise made available to the
public by the supplying party;
2. Factual information that is not designated as confidential by the supplying party;
3. Factual information that although designated as confidential by the supplying party:
(i) is in a form that cannot be associated with a particular party; or
(ii) has been determined by the authorities as not deserving confidential treatment;
4. Publicly available laws, regulations, decrees, orders and other official issuances of a country;
and
5. Written arguments relating to the investigation that is not designated as confidential.
Section 7.  Preliminary Determination
(a) Not later than thirty (30) working days from receipt of the answer of the respondents and
other interested parties, the Secretary shall, on  the basis of the application, the answers of the
respondents, and the respective supporting documents or information, make a preliminary
determination of the need for the imposition of a provisional anti-dumping duty.
(b) The Secretary shall essentially determine th e following in the preliminary determination:
1. Price difference between the export price and the normal value of the allegedly
dumped product in the country of export or origin; 
2. Presence and extent of material injury or threat of material injury to the domestic
industry producing the like product or the material retardation of the establishment of
a domestic industry producing the like product; and
3. Causal relationship between the allegedly dumped product and the material injury or
threat of material injury to the affected domestic industry or the material retardation
of the establishment of a domestic industry producing the like product.
The Secretary shall take into account the effects of the seasonality of products, whenever
applicable, in the preliminary determination of whether or not the elements for the imposition of a
provisional anti-dumping duty exist.
(c) The preliminary findings of the Secretary, if affirmative, together with the records of the case,
shall be transmitted to the Commission for its immediate formal investigation within three (3)
days from adopting the decision. However, if the preliminary findings of the Secretary are
negative, the case shall be dismissed. G/ADP/N/1/PHL/2
Page 22
Section 8.  Appraisement and Delivery of Products Upon Filing of Provisional Anti-
Dumping Duty
(a) If the preliminary finding of the Secretary is affirmative and to prevent further injury during
the investigation, the Secretary shall immediately issue through the Secretary of Finance,
written instructions to the Commissioner of Customs to impose within three (3) days fromreceipt of instructions, a cash bond equal to the provisionally estimated anti-dumping duty but
not greater than the provisionally estimated margin of dumping, in addition to any other
duties, taxes and charges imposed by law, on the allegedly dumped product.  The Secretary
may order the imposition of a cash bond lower than the provisionally estimated margin of
dumping if it is deemed sufficient to remove or prevent the material injury while the case is
under formal investigation.
The Secretary may suspend the imposition of the provisional anti-dumping duty, taking into
consideration the following factors, among others: (1) if the imposition of the provisional
duty will result in a political or economic crisis; or (2) if such imposition will cause a severe
shortage of the like product in the domestic market.
(b) Within three (3) days from receipt of instructions from the Secretary of Finance to impose the
cash bond, the Commissioner of Customs shall instruct the Collector of Customs to collect the
regular duties, taxes and other charges, if any, on the shipment involved so that such regular
duties could be paid together with the cas h bond.  The Commissioner of Customs may only
authorize the release of the allegedly dumped product after the regular duties have been paidand the cash bond has been deposited.
(c) The cash bond shall be deposited with a government depository bank and shall be held in trust
for the respondent who posted the bond.
(d) The posting of the cash bond shall only be required no sooner than sixty (60) days from the
date of initiation of the investigation. The date of the initiation of the investigation shall be the
date the Secretary publishes such notice in two (2) newspapers of general circulation.
(e) The provisional anti-dumping duty may be imposed for a period of four (4) months, which
may be extended to six (6) months upon request of the foreign exporter representing a
significant percentage of the trade involved.  However, a provisional anti-dumping duty lower
than the provisionally estimated margin of dumping can be imposed for a period of six (6) to
nine (9) months, if it is deemed sufficient to remove or prevent the material injury.
(f) The relevant provisions of Section 18 of this IRR shall be followed in the application of the
provisional anti-dumping duty. 
Section 9.  Termination of Investigation
(a) The Secretary or the Commission, as the case may be, shall motu proprio terminate the
investigation at any stage of the proceedings if the provisionally estimated margin of dumpingis less than two (2) per cent of the export price or the volume of the allegedly dumped
products or injury is negligible, as defined in existing international trade agreements of which
the Republic of the Philippines is a party.
(b) The volume of the allegedly dumped products from a particular country shall normally be
regarded as negligible if it accounts for less than three per cent (3%) of the total imports of
said product in the Philippines unless countries which individually account for less than threeG/ADP/N/1/PHL/2
Page 23
per cent (3%) of the total imports of the said product in the Philippines collectively account
for more than seven per cent (7%) of the total imports of that product.
Section 10.  Formal Investigation by the Commission
(a) Within three (3) working days upon its receipt of the records of the case from the Secretary,
the Commission shall start the formal investigation and shall accordingly notify in writing all
parties on record and, in addition, give public notice of the exact initial date, time and place of
its formal investigation through the publication of such particulars, and a concise summary of
the application, in two (2) newspapers of general circulation.
(b) The Commission shall conduct the formal investigation to determine the following:
1. If the domestic product is identical or alike in all respects to the allegedly dumped
product, or in the absence of the former, another product which, although not alike in
all respects, has characteristics closely resembling those of the allegedly dumped
product.
2. If the allegedly dumped product is being imported into, or sold in the Philippines at a
price less than its normal value and the difference, if any, between the export price
and the normal value; 
3. The presence and extent of material injury or the threat thereof to the domestic
industry, or the material retardation of the establishment of a domestic industry
producing the like product;
4. The existence of a causal relationship between the allegedly dumped product and the
material injury or threat of material injury to the affected domestic industry, or thematerial retardation of the establishment of a domestic industry producing the like
product;
5. The anti-dumping duty to be imposed; and 
6. The duration of the imposition of the anti-dumping duty.
(c) The Commission shall require all interested parties to appear for a preliminary conference on
the schedules and procedure of the investigation, the nature of the administrative and fact-
finding proceedings, the non-applicability of the technical rules of procedures provided by the
Rules of Court, the non-availability of confidential information, and other related matters
relative to the speedy disposition of the case and shall require them to submit their respectiveinitial memoranda or position papers within fifteen (15) working days from notice.
(d) The formal investigation shall be conducted in a summary manner. No dilatory tactics or
unnecessary or unjustified delays shall be allowed and the technical rules of evidence used in
regular court proceedings shall not be applied.
The Commission shall take into account the effects of the seasonality of products, whenever
applicable, in the final determination of whether or not the elements for the imposition of an anti-
dumping duty exist.
(e) The Commission shall, after due notification, conduct a public consultation to give all parties
directly affected and such other interested parties that in the judgment of the Commission are
entitled to attend, an opportunity to be heard and to present evidence bearing on the subjectG/ADP/N/1/PHL/2
Page 24
matter.  The purpose of this public consultation is to determine whether or not the allegedly
dumped product is imported at a price less than its normal value and by reason thereof, the
domestic industry producing the like product is being injured materially.
(f) Where the information provided in the pro-forma questionnaires submitted by the protestant
and respondent are insufficient, the Commission may require the submission of additionalinformation from the applicant/s, domestic producers, importers, foreign exporters or
producers, that may be useful in the overall evaluation of the case.
(g) The Commission shall require any interested party to allow it access to, or otherwise provide,
necessary information to enable the Commission to expedite the investigation.  The
Commission may conduct on-site investigations of the domestic producers, importers, foreign
exporters or producers concerned, including ocular inspections of their facilities, to verifyinformation provided or obtain further details.  The Commission may also visit other
domestic producers, importers, foreign exporters or producers who have not provided a
submission to the investigation. Visits or in spections may be conducted by the Commission
even without the presence of interested parties.
In the case of an on-site investigation involving a foreign exporter or producer, the
Commission shall obtain the agreement of the firms concerned.   As soon as the agreement of
the parties has been confirmed, the Commission shall notify the government of the country of
export or origin of the names and addresses of the parties to be visited and the dates agreed
upon.  Sufficient advance notice shall be given to the parties in question before the visit ismade.
Prior to the visit, these firms shall be advised of the general nature of the information to be
verified and of any further information which needs to be provided, although this shall not
preclude requests to be made on the spot for further details to be provided in the light ofinformation obtained.  Enquiries or questions by the Commission or the parties shall,
whenever possible, be answered before the visit is made.   The Commission shall make the
results of such on-site investigation available to such parties subject to the requirements of
protecting confidential information. 
The procedures described above shall also apply to on-site investigations carried out in the
territory of countries other than the countries of export or origin.
(h) In case any or all of the parties on record fail to submit their answers to position
papers or to questionnaires within the prescribed period, the Commission shall base
its findings on the best available information.
(i) The relevant provisions of Section 6 of this IRR, especially those on the treatment of
confidential information and acceptance of evidences, shall also be followed in the
formal investigation.
Section 11.  Determination of Dumping
(a) The Secretary and the Commission shall determine the existence of dumping by making a fair
comparison between the export price and the normal value of the allegedly dumped product,
covering all transactions for the allegedly dumped product during the period of investigation
(POI).  In general, the POI for the determinati on of the margin of dumping or price difference
shall cover import transactions made at least six (6) months prior to the date of filing of the
petition: Provided, however, that in some cases , the POI may be adjusted to cover a shorter
period in order to take into account other considerations that will ensure the appropriatenessG/ADP/N/1/PHL/2
Page 25
of the chosen POI, e.g., seasonality of products, availability of data, drastic increase in the
importation of the dumped product, or facility in the verification of data.
(b) The comparison shall be made at the same level of trade, normally at the ex-factory level, and
in respect of sales made at the same time or as near as possible to the date of exportation. 
Due allowance shall be made in each case for differences which affect price comparabilityincluding differences in conditions and terms of sale, taxation, levels of trade, quantities,
physical characteristics and any other differences which are also demonstrated to affect price
comparability.
Where the normal value and export price as established are not comparable, adjustments can
be made on the basis of the following factors:
1. Physical characteristics, for which the amount of adjustment shall correspond to a
reasonable estimate of the market value of the difference; 
2. Import charges and indirect taxes, for which the adjustment shall be made to the
normal value for an amount corresponding to any import charges or indirect taxes
borne by the allegedly dumped product and by materials physically incorporatedtherein when intended for consumption in the country of export or origin and not
collected or refunded in respect of the exported product; 
3. Discounts, rebates, and quantities which are directly linked to the sales under
consideration;
4. Level of trade, for which the adjustment shall be based on the market value of the
difference which has directly affected price comparability as demonstrated by
consistent and distinct differences in functions and prices of the seller for the different
levels of trade in the domestic market of the country of export or origin; 
5. Transport, insurance, handling, local and ancillary costs directly incurred for
conveying the allegedly dumped product from the premises of the foreign exporter tothe independent buyer, where such costs are included in the prices charged;
6. Packing costs directly related to the product concerned; 
7. Cost of credit directly granted for the sales under consideration;
8. After sales cost such as warranties, guaranties, technical assistance, and services as
provided for by law and/ or in the sales contract;
9. Commissions paid in respect of the sales under consideration; and
10.  Currency conversions as provided in letter (i) of this section.
(c) If the normal value of a product cannot be determined because of the following conditions in
the domestic market of the country of export or origin:
1. absence of sales of the allegedly dumped product in the ordinary course of domestic
trade;  or
2. particular market situation makes domestic sales unsuitable for proper comparison
(price does not reflect a fair price in normal market conditions e.g. consignment or
monopsony); or 
3. volume of domestic sales is less than 5% of export sales to the Philippines.  A lower
ratio of domestic sales to Philippine imports may be acceptable if it is of sufficient
magnitude to provide for a proper comparison.  The volume sold to the domestic and
export markets will be assessed over a reasonable period e.g. one year in order to
avoid distortions such as seasonal fluctuations.
then, the Secretary or Commission, may determine that the normal value shall be either:G/ADP/N/1/PHL/2
Page 26
(i) the comparable price of the like product when exported to an appropriate third
country provided that this price is representative; or
(ii) the constructed value or the cost of production in the country of origin plus a
reasonable amount for administrative, selling and general costs and for profits.
(d) In determining whether a third country is ap propriate for determining the normal value, the
following criteria, among others, may be considered:
1. volume of trade from the country of export to the selected third country is similar to
the volume of trade from the country of export to the Philippines; and
2. nature of trade of the like product between the country of export and the selected third
country is similar to the nature of trade between the country of export and the
Philippines.
(e) Sales of the allegedly dumped product in th e domestic market of the country of export or
origin, or sales to a third country, at prices below per unit (fixed and variable) costs of
production plus administrative, selling and general costs may be treated as not being within
the ordinary course of trade by reason of price and may be disregarded in determining normalvalue only if it is determined that such sales are made within one (1) year and in no case less
than six (6) months in substantial quantities and are at prices which do not provide for the
recovery of all costs within a reasonable time period.  If prices which are below per unit of
costs at the time of sale are above weighted average per unit costs for the period of
investigation, such prices shall be considered  to provide for recovery of costs within a
reasonable time period.  Sales below per unit cost are made in substantial quantities when the
weighted average selling price of the transaction under consideration for the determination of
normal value is below the weighted average per unit costs, or that the volume of sales below
per unit costs represent not less than 20 per cent (20%) of the volume sold in transactions
under consideration.
Examples of sales which may be considered as being outside the ordinary course of trade are
sales or transactions involving off-quality merchandise or merchandise produced according to
unusual product specifications, merchandise sold at irregular prices or with abnormally high
profits, merchandise sold pursuant to unusual terms of sale, or merchandise sold to anaffiliated party at a non-arms length transaction price.
(f) If the normal value is based on the cost of production in the country of origin, costs shall be
calculated based on records kept by the foreign exporter or producer provided that these are in
accordance with the generally accepted accounting principles of the country of export or
origin and reasonably reflect the costs associated with the production and sale of the allegedly
dumped product.  The amounts for administrative, selling and general costs and for profitsshall be based on actual data pertaining to production and sales in the ordinary course of trade
of the allegedly dumped product by the foreign exporter or producer.  When such amounts
cannot be determined on this basis, it shall be based on the actual amounts realized by the
foreign exporter or producer or the weighted average of the actual amounts incurred and
realized through other foreign exporters or producers or by any other reasonable method.
(g) If the normal value is based on the best information available, including the information
supplied in the application, such information shall be checked, where practicable and with due
regard to the time limits of the investigati on, by referring to information from other
independent sources which may be available, such as published price lists, official importstatistics and customs returns or information obtained from other interested parties during the
investigation.G/ADP/N/1/PHL/2
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(h) In the case of products imported from non-market economy countries, normal value shall be
determined on the basis of the price or constructed value in a market economy third country,
or the export price from such a third country to other countries or where those are not
possible, on any other reasonable basis, including the price actually paid or payable in the
Philippines for the like product, duly adjusted if necessary to include a reasonable profit
margin. 
An appropriate market economy third country shall be selected taking due account of any
reliable information available at the time of selection.  The applicant may nominate a
comparable market economy for consideration by the Secretary or the Commission.  When
selecting a third country, it should have a similar costing structure, and if possible, be at a
similar stage of economic development to the country of export or origin, particularly in
regard to the industry under investigation.  In making a comparison, factors such as grossnational product, infrastructure development, manufacturing process, technical standards and
production scales may be taken into account.
(i) When the comparison between normal value and export price requires a conversion of
currencies, such conversion shall be made using the rate of exchange on the date of sale asstated in the contract, purchase order, order confirmation or invoice, whichever establishes the
material terms of sale, provided that when a sale of foreign currency on forward markets is
directly linked to the export sale involved, the rate of exchange in the forward sale shall be
used.  Fluctuations in exchange rates shall be ignored and foreign exporters shall be allowed
at least sixty (60) days to adjust their export prices to reflect sustained movements inexchange rates during the period of investigation.
(j) In the case where products are not imported directly from the country of origin but are
exported from an intermediate country, the price at which the products are sold from the
country of export to the Philippines shall be  compared with the comparable price in the
country of export.  However, comparison may be made with the price in the country of origin,
if the products are merely transshipped through the country of export or such products are not
produced in the country of export or there is no comparable price for them in the country of
export.
(k) In cases where there is no export price or where it appears that the export price is unreliable
because of a relationship or a compensatory arrangement between the foreign exporter and the
importer or a third party, the export price may be constructed on the basis of the price at
which the allegedly dumped product is first resold to an independent buyer, or if such product
is not resold to an independent buyer, or not resold in the condition as imported, on such
reasonable basis as the Secretary or Commission may determine.  In this case, allowances for
costs, including duties and taxes incurred between importation and resale, and for profits,should also be made.  If in these cases, price comparability has been affected, the normal
value shall be established at a level of trade equivalent to the level of trade of the constructed
export price taking into consideration due allowances which affect price comparability.  The
necessary information to ensure a fair comparison shall be required from the interested parties
without imposing a reasonable burden of proof on them.
(l) In accordance with the provisions governing fair comparison, the existence of a dumping
margin during the period of investigation shall be established by the comparison of:
1. a weighted average normal value with a weighted average of all comparable export
transactions; or
2. corresponding normal value and individual export prices on a transaction by
transaction basis; orG/ADP/N/1/PHL/2
Page 28
3. the weighted average normal value with the individual export transactions, in cases
where the pattern of export prices differs significantly among different purchasers,
regions or time periods and such differences as explained in writing cannot be taken
into account appropriately by using methods 1 and 2.
(m) If possible, an individual margin of dumping shall be determined for each known foreign
exporter or producer of the dumped product.  In cases where the number of importers, foreign
exporters or producers, or the type of the dumped products involved is so large as to make
such determination impracticable, the Secretary and the Commission may limit their
examination either to: i) a reasonable number of interested parties or products by using
statistically valid sampling techniques on the basis of information available to them at the
time of the selection; or ii) the largest percentage of volume of exports from the country in
question which can be reasonably investigated. Any selection of importers, foreign exporters,or producers or type of the dumped product shall preferably be made in consultation with, and
with the consent of, the concerned foreign exporters or producers.  However, if a non-selected
foreign exporter or producer submits information, the investigation must extend to that
importer, foreign exporter or producer unless this will prevent the timely completion of the
investigation.
Section 12.  Determination of Material Injury or Threat Thereof
(a) The Secretary and the Commission shall determine the presence and extent of material injury
to the domestic industry as a result of the importation of the dumped products on the basis ofpositive evidence and shall require an objective examination of, but shall not be limited to, the
following:
1. The rate of increase and amount of the importation of the dumped products, either in
absolute terms or relative to production or consumption in the domestic market; 
2. The effect of the importation of the dumped products on the prices in the domestic
market for the like product, that is, whether there has been a significant price
undercutting by the dumped products as compared with the price of the like product
in the domestic market, or whether the effect of such dumped products is otherwise to
depress prices to a significant degree or to prevent price increases which otherwisewould have occurred to a significant degree. Price depression shall refer to the extent
by which the domestic producer reduced its selling price in order to compete with the
dumped product, while price suppression shall refer to the extent by which the
dumped product prevented the domestic producer from increasing its selling price to
a level that will allow full recovery of its cost of production; and 
3. The effect of the importation of the dumped products on the domestic producers or
the resulting retardation of the establishment of a domestic industry producing thelike product, including an evaluation of all relevant economic factors and indices
having a bearing on the state of the domestic industry concerned, such as, but not
limited to, actual or potential decline in output, sales, market share, profits,
productivity, return on investments, or utilization of capacity; factors affecting
domestic prices; the magnitude of dumping; and actual and potential negative effectson cash flow, inventories, employment, wage s, growth, and ability to raise capital or
investments.  This list is not exhaustive, nor can one or several of these factors
necessarily give decisive guidance.
(b) The extent of injury caused by the importation of the dumped products on the domestic
industry shall be determined by the Secretary and the Commission upon examination of all
relevant evidence.  Any known factors other than the importation of the dumped products
which, at the same time injure the domestic industry, shall also be examined and the injuriesG/ADP/N/1/PHL/2
Page 29
caused by these factors must not be attributed to the dumped products. The relevant evidences
may include, but shall not be limited to, the following:
1.  the volume and value of imported products not sold at dumping prices;
2. contraction in demand or changes in consumption patterns;
3. trade restrictive practices and competition between foreign and domestic producers;4. developments in technology; and
5. export performance and productivity of the domestic industry.
(c) The effect of the importation of the dumped products shall be assessed in relation to the
domestic production of the like product by separate identification of that production based on
such criteria as production processes, sales and profits.  If such is not possible, the effect of
the importation of the dumped products shall be assessed by the examination of theproduction of the narrowest group or range of products which includes the like product for
which the necessary information is available.
(d) A determination of a threat of material injury shall be based on facts and not merely on
allegations, conjectures or remote possibilities.  The change in circumstances creating asituation in which the dumping will cause injury must be clearly foreseen and imminent.  In
making a determination regarding the existence of a threat of material injury, the following
shall be considered collectively, inter alia,:
1. a significant rate of increase in the importation of the dumped products into the
domestic market indicating the likelihood of substantially increased importations;
2. sufficient freely disposable, or an imminent, substantial increase in, production
capacity of the foreign exporter indicating the likelihood of substantially increased
dumped exports in the domestic market, taking into account the availability of other
export markets to absorb any additional exports; 
3. whether dumped products are entering at prices that will have a significantly
depressing or suppressing effect on domestic prices, and will likely increase demand
for further importation of the dumped products; and
4. inventories of the product being investigated.
(e) Not one of these factors can, by itself, necessarily give decisive guidance, but the totality of
the factors considered must lead to the conclusion that further dumped exports are imminent
and that, unless protective action is taken, material injury would occur.  In cases where injury
is threatened by dumped products, the application of anti-dumping measures shall be
considered and decided with special care. 
Section 13.  Voluntary Price Undertaking
(a) The anti-dumping investigation may be suspended or terminated without the imposition of
provisional measures or anti-dumping duties, upon receipt of the Commission and acceptance
by the affected industry, of a satisfactory voluntary undertaking executed by the foreign
exporter under oath that he will increase his price or will cease exporting to the Philippines ata dumped price, thereby eliminating the material injury to the domestic industry producing
the like product.  Price increases under such undertakings shall not be higher than necessary
to eliminate the margin of dumping.  Parties that offer an undertaking shall be required to
provide a non-confidential version of such undertaking so that it may be made available to
interested parties.
(b) An undertaking to increase prices or cease importations at dumped prices shall neither be
sought nor accepted unless a preliminary affirmative determination of dumping and injuryG/ADP/N/1/PHL/2
Page 30
caused by such dumping has been made.  No undertaking of the same nature shall take effect
unless it is approved by the Secretary after a recommendation by the Commission.
(c) An undertaking to increase prices or cease importations at dumped prices may not be
accepted if its acceptance is impractical, e.g., if the number of actual or potential foreign
exporters is too large or, for other reasons, including reasons of general policy.  The foreignexporter shall be informed of the reason for non-acceptance of the proposed undertaking and
he shall be given an opportunity to submit his comments.
Even if such undertaking is acceptable, the investigation shall nevertheless be continued and
completed by the Commission if the foreign exporter or producer so desires or upon the
advice of the Secretary.  In such a case, the undertaking shall automatically lapse in the case
of a negative finding. However, in instances where the negative determination is due in largepart to the existence of a price undertaking, the Commission may require that the undertaking
be maintained for at least two (2) years, unless the foreign exporter proves to the Commission
that the undertaking is no longer necessary.  In the case of an affirmative finding, the
undertaking shall continue for only as long as the need exists, and to the extent necessary, to
counteract the dumping, but not to exceed five (5) years from the date of the affirmativefinding.
Should the investigation be discontinued as a result of the acceptance of an undertaking, this
undertaking shall be effective for five (5) years from the date of the acceptance thereof, unless
the foreign exporter proves to the satisfaction of the Commission that the undertaking is nolonger necessary.
(d) Undertakings may be suggested but no foreign exporter shall be forced to enter into such an
undertaking. Failure of the foreign exporter to offer or accept an invitation for an undertaking
shall in no way prejudice the consideration of the case.  However, it may be determined that athreat of injury is more likely to be realized if the importation of the dumped product
continues.
(e) A foreign exporter from whom an undertaking has been accepted may be requested to provide
monthly information to ensure that the conditions of the undertaking have been fulfilled.  Theforeign exporter must ensure that future export prices are not less than the level agreed upon
in the undertaking.  If at any time the dumped products are exported at a price lower than that
agreed to in the undertaking, consideration will immediately be given to applying the
provisional duty to the shipment, using the best information available in cases where the
investigation which led to the undertaking has not been concluded.  In case of a breach or
withdrawal of an undertaking by any party, a definitive duty shall be imposed in accordance
with Section 18 of this IRR; Provided, that the investigation which led to the undertaking wasconcluded with a final affirmative determination and that the foreign exporter concerned has,
except where he himself has withdrawn the undertaking, been given an opportunity to
comment.  In case of a violation of an undertaking, definitive duties may be levied on dumped
products exported to the Philippines not more than 90 days before the application of the
provisional duty except to importations made before the violation of the undertaking.
Section 14.  Cumulation of Importation
When the importation of products from more than one country are simultaneously the subject
of an anti-dumping investigation, the Secretary or the Commission may cumulatively assess theeffects of such dumped products only if they are convinced that:G/ADP/N/1/PHL/2
Page 31
(a) the margin of dumping established in relation to the dumped products from each country is
more than the de minimis as defined in Section 9  of this IRR; 
(b) the volume of importation of such dumped products from each country is also not negligible
as defined in Section 9  of this IRR; and 
(c) a cumulative assessment of the effects of such dumped products is warranted in the light of
the conditions of competition between the imported products, and the conditions ofcompetition between the imported products and the like products. 
Section 15. Report of the Commission and Submission of Final Determination to the
Secretary
(a) Before making a final determination, the Commission shall inform all interested parties in
writing of the essential facts under consideration and the initial findings as contained in thedraft report, giving due regard to the protection of confidential information.  Such disclosure
shall be made within three (3) days from the date of completion of the draft report, after
which the parties shall be given five (5) days from the date of receipt of the notice to defend
their interests in writing.
(b) The Commission shall conclude its formal investigation and submit a report of its findings,
whether favorable or not, to the Secretary within  one hundred twenty (120) days from receipt
of the records of the case. The Commission shall also furnish the parties concerned with
copies of its report.
Section 16.  Imposition of the Anti-Dumping Duty
(a) The Secretary shall, within ten (10) days fr om receipt of the affirmative final determination
by the Commission, issue a Department Order imposing an anti-dumping duty on the dumped
product, unless he has earlier accepted an undertaking from the foreign exporter to increaseprices or cease importations at dumped prices.  The Department Order shall become
executory after the lapse of the period for reconsideration in case no motion for
reconsideration has been filed, and upon a negative resolution of the motion for
reconsideration in case the same has been filed. He shall furnish the Secretary of Finance with
the copy of the Order and request the latter to direct the Commissioner of Customs to collectthe definitive anti-dumping duty, in addition to any other duties, taxes and charges imposed
by law, on such product.
Simultaneous with the issuance of the Department Order, the Secretary shall furnish copies of
the same to the parties concerned.
(b) Upon receipt of the Order from the Secretary of Finance, the Commissioner of Customs shall
order the Collector of Customs concerned to proceed with the final appraisement of the
dumped product.
(c) The Commissioner of Customs shall submit to the Secretary, through the Secretary of
Finance, certified monthly reports on the disposition of the cash bond and the amounts of theanti-dumping duties collected.
(d) In case a cash bond has been filed, the same shall be applied to the anti-dumping duty
assessed.  If the cash bond is in excess of the anti-dumping duty assessed, the remainder shall
be immediately returned to the importer, including interest earned, if any: Provided, That nointerest shall be payable by the government on the amount to be returned.  If the assessed
anti-dumping duty is higher than the cash bond filed, the difference shall not be collected.G/ADP/N/1/PHL/2
Page 32
(e) In case of a negative finding by the Commission, the Secretary shall issue, through the
Secretary of Finance, after the lapse of the period for the petitioner to appeal to the Court of
Tax Appeals, an Order for the Commissioner of Customs to immediately release the cash
bond to the importer. All the parties concerned shall also be duly notified of the dismissal of
the case.
Section 17.  Period Subject to Anti-Dumping Duty
(a) An anti-dumping duty may be levied retroactively from the date the cash bond has been
imposed and onwards, where a final determination of injury is made, or in the absence of
provisional measures, a threat of injury has led to actual injury.
(b) Where a determination of threat of injury or material retardation is made, anti-dumping duties
may be imposed only from the date of determination thereof.
(c) Notwithstanding the preceding paragraph, an anti-dumping duty may be levied on the dumped
product which were imported into the country not more than ninety (90) days prior to the date
of application of the cash bond, when the authorities have determined for the dumped productin question that:
1. there is a history of dumping which caused injury or that the importer was, or should
have been, aware that the foreign exporter practices dumping and that such dumping
would cause injury; and
2. the injury is caused by the massive importation of the dumped product within three
(3) months from the initiation of the invest igation which, in light of the timing and
the volume of the dumped products and other circumstances (such as a rapid build-up
of inventories of the imported product), is likely to seriously undermine the remedial
effect of the definitive anti-dumping duty to be applied:  Provided, That the importersconcerned have been given an opportunity to comment. 
In determining whether the importation of the dumped product is massive, the Commission
shall examine:
1. The volume and value of the dumped products;
2. Seasonal trends; and
3. The share in the domestic market accounted for by the dumped products
(d) No duties shall be levied retroactively pursuant to this Section on dumped products entered
for consumption prior to the date of the initiation of the investigation.
Section 18.  Application of the Anti-Dumping Duty
(a) The amount of the anti-dumping duty shall not exceed the margin of dumping as established
by a fair comparison of the normal value and the export price for the dumped product as
established under Section 11.  However, the anti-dumping duty may be less than the margin ifsuch lesser duty will be adequate to remove the injury to the domestic industry.  In
determining such lesser duty, the Secretary or the Commission may also consider, among
others, the effect of imposing the full margin of dumping on the welfare of consumers and/or
the general public, and other related local industries.
(b) Even when all the requirements for the imposition of an anti-dumping duty have been
fulfilled, the Commission may or may not impose the definitive anti-dumping duty or may
suspend its actual imposition.  in deciding among the foregoing options, the Commission mayG/ADP/N/1/PHL/2
Page 33
consider the following factors, among others: 1) if the imposition of an anti-dumping duty
will result in a political or economic crisis; or 2) if such imposition will cause a severe
shortage of the like product in the domestic market.  The Commission shall only exercise said
prerogative after giving the Secretary and all known interested parties the opportunity to
present their views.
(c) The anti-dumping duty shall be collected, in the appropriate amounts and on a non-
discriminatory basis, on imports of like products from all sources found to be dumped and
causing injury, except on those imports from sources from which price undertakings have
been accepted.  The specific supplier of the like product concerned shall be named.  If several
suppliers from the same country are involved and it is impractical to name all these suppliers,
the supplying country concerned may be named.  If several suppliers from more than one
country are involved, all the suppliers involved may be named, or if this is impractical, all thesupplying countries may be named.
(d) Any anti-dumping duty applied to non-selected foreign exporters or producers shall not
exceed:
1. the weighted average dumping margin established with respect to the selected foreign
exporter or producer; or 
2. the difference between the weighted average normal value of the selected foreign
exporters or producers and the export prices of non-selected foreign exporters or
producers, where the liability for payment of anti-dumping duties is calculated on thebasis of a prospective normal value:
Provided, That any zero margin, de minimis margin, and margin established using the best
information available are disregarded.  Individual duties or normal values shall be applied to
dumped products imported from any non-selected foreign exporter or producer who hasprovided the necessary information during the investigation.
(e) Foreign exporters who did not make themse lves known to the Secretary and the Commission
or those who did not cooperate sufficiently during the investigation, as well as new foreign
exporters, shall be assessed a residual duty or an "all others rate" based on the bestinformation available.  The residual duty will cover future importations of the dumped
products originating from the same country of export.
(f) The anti-dumping duty shall be paid either through cash or cashier’s/manager’s check.  All
such monies collected shall be deposited by the Commissioner of Customs in a special fund,
to be known as the Trade Remedies Fund, created for that purpose.
(g) New foreign exporters who have not exported the dumped product to the Philippines during
the POI may request for an accelerated review provided they are not related to any foreign
exporter who is subject to the anti-dumping duty.  The application must be submitted to the
Commission in writing and must contain:
1. a description of the foreign exporter’s product; and 
2.  the basis of the request. 
No anti-dumping duty shall be imposed during the review.  A provisional duty may be
required to ensure that, in the case of an affirmative finding, the anti-dumping duty can belevied retroactively up to the date of the initiation of the reviewG/ADP/N/1/PHL/2
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(h) When the domestic industry has been defined as referring to producers in a certain area as
provided under Section 3.d.4 of this IRR, an anti-dumping duty shall be levied only on the
dumped products consigned for final consumption to that area. 
Section 19.  Duration and Review of the Anti-Dumping Duty
(a) As a general rule, the imposition of an anti-dumping duty shall remain in force only as long as
the need exists, and to the extent necessary, to counteract dumping which is causing or
threatening to cause material injury to the domestic industry or material retardation of the
establishment of such an industry.
(b) The duration of the definitive anti-dumping duty shall not exceed five (5) years from the date
of its imposition, or from the date of the most recent review if that review has covered bothdumping and injury, unless the Commission has determined, in a review initiated before that
date on their own initiative or upon a duly substantiated request made by or in behalf of the
domestic industry at least six (6) months prior to the termination date, that the termination of
the anti-dumping duty will likely lead to the continuation or recurrence of dumping and
injury. The anti-dumping duty shall remain in force pending the outcome of such an expiryreview.
An expiry review shall be initiated when there is sufficient evidence that the expiry of the
definitive anti-dumping duty would likely result in a continuation or recurrence of dumping
and injury. Such a likelihood may be indicated, for example, by evidence of continueddumping and injury or evidence that the removal of injury is partly or solely due to the
existence of the duty or evidence that the circumstances of the foreign exporters, or market
conditions, are such that these would indicate the likelihood of further injurious dumping.
In carrying out investigations under this paragraph, the foreign exporters, the representatives
of the country of export or origin and the domestic producers and importers shall be provided
with the opportunity to commen t on the matters set out in the review request, and conclusions
shall be reached with due account taken of all relevant and duly documented evidence
presented in relation to the question as to whether the expiry of the definitive anti-dumping
duty would be likely, or unlikely, to lead to  the continuation or recurrence of dumping and
injury.
The Commission shall cause the publication of a notice of impending expiry of the effectivity
of the anti-dumping duty in two (2) newspapers of general circulation on the first quarter of
the final year of the period of application of the definitive anti-dumping duty, to give the
domestic producers adequate time to lodge a request for an expiry review.
(c) The Commission may also, motu proprio or upon the direction of the Secretary, conduct an
interim review of the need for the continued imposition of the anti-dumping duty, taking into
consideration the need to protect the existing domestic industry against dumping. Any
interested party with  substantial positive information may also petition the Secretary for an
interim review of the continued imposition of the anti-dumping duty; Provided, that at leastone (1) year has elapsed since the imposition of the anti-dumping duty
An interim review shall be initiated where the request contains sufficient evidence that the
continued imposition of the duty is no longer necessary to offset dumping and/or that the
injury would be unlikely to continue or recur if the duty was removed or varied, or that theexisting duty is not, or is no longer, sufficient to counteract the dumping which is causing
injury.G/ADP/N/1/PHL/2
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In carrying out investigations pursuant to this Section, the Commission may, inter alia,
consider whether the circumstances with regard to dumping and injury have changed
significantly, or whether existing measures are achieving the intended results, in removing the
injury previously established. In these respects, account shall be taken of all relevant and duly
documented evidence in the final determination.
(d) If the Commission determines that the anti-d umping duty is no longer necessary or warranted,
the Secretary shall, upon the recommendation of  the Commission, issue a Department Order
immediately terminating the imposition of the anti-dumping duty.   All parties concerned,
including the Secretary of Finance and the Commissioner of Customs, shall be notified
accordingly of such termination.
In cases, where the duty is repealed for individual foreign exporters, but not for the country as
a whole, such foreign exporters shall remain subject to the proceeding and may, automatically
be investigated in any subsequent review carrie d out for that country pursuant to this Section.
(e) The provisions of this IRR regarding evidence and procedures, including the conduct of
public consultations and public hearings, shall apply to any review carried out under thisSection. Any such review shall be carried out expeditiously and concluded not later than one
hundred fifty (150) days from the date of the initiation of such review. 
Section 20.  Motion for Reconsideration
(a) No motion for reconsideration shall be allowed on provisional orders under this IRR,
including the imposition of provisional duties by the Secretary, in consonance with
established rules of procedure.
(b) A motion for reconsideration in writing may be  filed with the Secretary within fifteen (15)
days from receipt of the Department Order imposing the definitive anti-dumping duty, for one
or more of the following reasons affecting the substantial rights of said party:
1. Fraud, accident, mistake or excusable negligence which ordinary prudence could not
have guarded against and by reason of which such aggrieved party has probably beenimpaired; 
2. Newly discovered evidence, which the a ggrieved party could not, with reasonable
diligence, have discovered and produced at the public consultations, and which if
presented would probably alter the result; or 
3. The final anti-dumping duty imposed is excessive, or the evidence is insufficient to
justify the final order, or the order is contrary to law.
Such motion for reconsideration shall not be accepted without proof of service thereof to
affected parties.
(c) Comments of the affected parties to the motion for reconsideration may be filed with the
Secretary within ten (10) days from receipt thereof.
(d) Upon receipt of the motion for reconsiderati on and the comments thereto, the Secretary shall
transmit the same within one (1) working da y from receipt thereof to the Commission, which
shall resolve the same within ten (10) days.  Thereafter, the Commission shall transmit its
report to the Secretary within one (1) working day from the date of the report. 
(e) Within three (3) days from receipt of the report of the Commission, the Secretary shall issue a
formal resolution on the motion for reconsideration based on the report of the Commission.G/ADP/N/1/PHL/2
Page 36
(f) No second motion for reconsideration shall be allowed.
Section 21.  Judicial Review 
(a) Any interested party in an anti-dumping investigation who is adversely affected by a final
ruling in connection with the imposition of an anti-dumping duty may file with the Court of
Tax Appeals, a petition for the review of such ruling within thirty (30) days from his receipt
of notice of the final ruling.
(b) The filing of such petition for review shall not in any way stop, suspend, or otherwise hold the
imposition or collection, as the case may be, of the anti-dumping duty on the dumped product.
The rules of procedure on petitions for review filed with the Court of Tax Appeals shall beapplied.
Section 22.  Public Notice
(a) The Secretary or the Commission shall inform in writing all interested parties on record and,
in addition, give public notice by publishing in two (2) newspapers of general circulation
when:
1. initiating an investigation;
2. concluding or suspending investigation; 3. making any preliminary or final determination whether affirmative or negative; 
4. making a decision to accept or to terminate an undertaking; and 
5. terminating a definitive anti-dumping duty. 
(b) The public notice shall contain, unless otherwise made available through a separate report,
adequate information on the following matters:
1. sufficient explanation on the matters of fact and law and, the reasons which have led
to the imposition of the measure, or the reasons for the acceptance of the undertaking,
or the reasons for the acceptance or rejection of relevant arguments or claims madeby the interested parties; 
2. names of the supplying countries concerned; 
3. description of the product; 
4. margins of dumping established and the full explanation of the reasons for the
methodology used; 
5. considerations relevant to the injury determination; and
6. the main reasons leading to the determination. 
 
Section 23.  Report to be Submitted by the Bureau of Customs
The Secretary shall regularly submit to the Commissioner of Customs a list of imported
products susceptible to unfair trade practices.  The Commissioner of Customs is hereby mandated tosubmit to the Secretary  not later than the 15th day of each month, reports covering importations of
said products, including relevant copies of documents such as but not limited to the following: 
(a) Commercial invoices; 
(b) Bills of Lading; (c) Import Entries; and 
(d) Pre-shipment reports. G/ADP/N/1/PHL/2
Page 37
Section 24.  Administrative Support
(a) The Departments of Trade and Industry (DTI ) and of Agriculture (DA) and the Commission,
shall create or designate a special unit within their agencies that will undertake the functions
relative to the disposition of anti-dumping cases. 
(b) All anti-dumping duties collected shall be earmarked and deposited in the Trade Remedies
Fund which is created for the strengthening of the capabilities of these agencies to undertake
their responsibilities.
(c) The portion of the Trade Remedies Fund representing anti-dumping duties collected on
dumped non-agricultural products shall be shared equally by the DTI and Commission, while
the portion of the Fund representing collections on dumped agricultural products shall beshared equally by the DA and the Commission.  However, all expenses incurred by the
Bureau of Customs in the submission of the documents required in Section 23 of this IRR
shall be reimbursed before the respective portions of the Trade Remedies Fund are allocated
to the DTI, DA, and the Commission. 
(d) The Departments of Finance and Budget an d Management, and the Bureaus of Customs and
Treasury, together with the DTI, DA, and the Commission, shall jointly promulgate the
procedures for the creation, management and utilization of the Trade Remedies Fund. 
Section 25.  Penalty Clause
(a) Complaints against all erring government officials under this Section shall be filed with the
Office of the Ombudsman.
(b) Failure of the concerned government officials herein mentioned to prosecute, investigate, and
initiate necessary action against the foreign exporter as provided for in RA 8752 and this IRR,
without justifiable cause, shall be a ground for dismissal from office, in addition to the
sanctions provided in the Revised Penal Code and the Anti-Graft and Corrupt Practices Act
(RA 3019), and other laws.
(c) Failure of the erring officials of the Bureau of Customs to collect the provisional or definitive
anti-dumping duty pursuant to the Department Order of the Secretary and the directive of the
Secretary of Finance authorizing its collection shall constitute prima facie evidence of
dereliction of duty which shall be punishable by removal from office.
Failure of the erring Customs officials to comply with the submission of the reports and
documents required under Section 23, without justifiable reason, shall hold these officialsliable.  They shall be punished with a fine equivalent to six (6) months’ salary or suspension
for one (1) year. 
(d) The importer's license or charter to do business shall be revoked for those found guilty of
dumping.  Further, its officers shall be disqualified from holding official positions incorporations of other business entities in the Philippines.
A fine equal to twice the definitive anti-dumping duty shall likewise be imposed.
Section 26.  Transitory Provisions
The procedural provisions of RA 8752 shall be applied to investigations initiated prior to its
effectivity of 4 September 1999.G/ADP/N/1/PHL/2
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Section 27.  Repealing Clause
All rules and regulations, ordinances, executive or administrative orders and such other
presidential issuances related to dumping which are inconsistent with any of the provisions of RA
8752 and this IRR are hereby repealed, amended or otherwise modified accordingly.
Section 28.  Effectivity
This Order shall take effect seven (7) days from publication in two (2) newspapers of general
circulation.
Section 29. Separability Clause
If any of the provisions of this IRR is declared invalid by a competent court, the remainder of
this Act or any provision not affected by such de claration of invalidity shall remain in force and
effect.
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