Documentos de Académico
Documentos de Profesional
Documentos de Cultura
AND
COUNTERVAILING
MEASURES
WHAT IS A SUBSIDY?
SUBSIDY refers to any specific assistance (e.g. Financial
contribution, income or price support schemes) directly or
indirectly provided by the government of the country of
export or origin in respect of the product imported into
the Philippines. An industry is deemed to have received
subsidy where a benefit is conferred(confer
award/bestow/grant/give) as a result of:
**Direct and/or potential transfer of government funds
(e. g. Grants, loans, equity, infusion, loan guarantee.
**The government foregoing the revenue the revenue
that should otherwise have been collected (e. g. Tax
credit) ***TAX CREDIT***
**The government providing goods or services or
purchasing goods.
**Direct and/or potential transfer of government funds (e. g. Grants, loans, equity,
infusion, loan guarantee.
**The government foregoing the revenue the revenue that should otherwise have
been collected (e. g. Tax credit)
**The government providing goods or services or purchasing goods.
Identity of the applicant and a description of the volume and the value of his
domestic production of the like product.
List of all known domestic producers of the like product and if possible;
Description of the volume and value of the domestic production of the like product
accounted for by such producers (if the application is made on behalf of the domestic
industry);
Description of the allegedly subsidized product
Names of the exporting countries, each known exporter or foreign producer, and a
list of the importers of the product;
Estimated aggregate or cumulative quantity, the port and the date of arrival, the
import entry declaration of the allegedly subsidized product.
Nature, extent and estimated amount of the alleged subsidy.
Total capital invested, production and sales volume, and aggregate production
capacity of the domestic industry;
Effect of the price of the allegedly subsidized product on the price of the like product
in the domestic market; and
Consequent impact of the importation of the allegedly subsidized product on the
domestic industry, i.e. Prices at which the product is sold in the domestic market of
the exporting country and export prices; injury and causality; volume of subsidized
imports; and adverse effects of such imports on domestic prices and on domestic
industry
b.
c.
d.
Prima Facie Determination The DTI-BIS or DA has 10 days from receipt of the
properly documented petition to examine the accuracy and adequacy of the petition
and determination whether there is sufficient evidence to justify the initiation of an
investigation.
Preliminary Determination once a prima facie case has been established, DTI,
or DA initiates the investigation and makes a preliminary determination on whether
or not a provisional measure may be imposed within 20 days from receipt of the
answers of the questionnaire from respondents and other interested parties.
Final Determination in the conduct of its formal investigation, the Commission
notifies all interested parties; receives representations and/or other submissions;
holds preliminary conference and public consultations; and conducts on-site
investigation/data verification both foreign and domestic. The Commission has 120
days from receipt of the advice from either Secretary of DTI or DA to complete its
investigation and submit its report of findings to the Secretary.
Issuance of Department Order within 10 days from receipt of the affirmative
final determination by the Commission, the Secretary of DTI or DA issues a
Department Order for the imposition of a definitive countervailing duty, unless the
Secretary has earlier accepted a price undertaking from foreign exporter, producer
or government of the country of export or origin.
In case of a negative determination, the Secretary, after the lapse of the period for
the petitioner to appeal to the Court of Tax Appeals, issue, through the Secretary of
Finance, an Order for the Commissioner of Customs to immediately release the
cash bond to the importer
Administrative Review :
a.
Sunset review may be initiated by any interested party or upon own
motion of the commission before the sunset date, i.e., the 5th year to
determine whether the expiry of the duration of the countervailing duty
imposition would lead to a continuation or recurrence of subsidization and
injury.
b.
Interim Review conducted by the Commission, motu propio, or upon the
direction of the Secretary or upon petition of any interested party to
determine whether (i) the imposition of the countervailing duty is no longer
necessary to offset subsidization, taking into consideration the need to
protect the existing domestic industry against dumping, (ii) the existing duty
is not sufficient to counteract the subsidization which is causing injury. At
one (1) year should have elapsed since the imposition of the countervailing
duty before an interim review can be initiated.
2. Judicial Review Aggrieved and/ or any interested party may file a petition
for review with the Court of Tax Appeal within thirty (30) days from receipt
of notice of the final ruling on the imposition of a countervailing duty. Filing
of such petition for review shall not in any way stop or suspend the
imposition and collection of the countervailing duty.
1.