SESSION 04 TRADE REMEDY MEASURES

Trade remedy measure to protect the domestic industries against unfair trade practice caused by dumping.

Anti Dumping Duty

product which is identical or alike in all respect to the product under consideration, OR 1. LIKE PRODUCT ❑ In the absence of such a product, another product which, although not alike in all respect, has characteristics closely resembling those of the product under consideration

Like products

Amount by which the normal value (the price prevailing in the exporting country) exceeds the export price (selling price to an importer

Price Difference/ Dumping Margin

Refers to "overall assessment" that the material injury suffered by the domestic industry is the direct result of the importation of the dumped imports.

Causality

Trade counter-measure adopted by government to offset any bounty or subsidy given to exporters which is not generally available to other producers of the exporting country

Subsidies and Countervailing measure

____________________" are those falling under the definition of subsidy which are neither non-actionable nor prohibited subsidies

Actionable subsidies or "yellow subsidies

include export subsidies, i.e., those that are contingent on export performance, and subsidies that are contingent on the use of domestic over imported goods.

Red subsidies

Importing country alleging this kind of subsidy can avail of remedy measures by bringing the matter before the ______________________

WTO Dispute Settlement Body for redress

" are those which are permitted as they are of general nature, i.e., applied across-the-board to all industries and not limited to a specific industry or enterprise or group of enterprises or industries

Green Subsidies

by the exporters to increase their price or to cease exporting to the country at a dumped price OR eliminate or limit the subsidy or take other measures concerning its effect or revise its price to eliminate the material injury to the domestic industry.

Voluntary Commitment

Voluntary Commitment shall offer be made only after a ___________________ of dumping/subsidy and injury to the domestic industry

preliminary affirmative determination

May be initiated by or in behalf of the domestic industry or upon own motion of the TC at least six (6) months before sunset/expiry date, i.e., 5th year, to determine whether the expiry of the anti-dumping/countervailing duty will likely lead to continuation or recurrence of dumping/subsidization and injury

Expiry/Sunset Review

At least one year should have elapsed since the imposition of the antidumping/countervailing duty before the review can be made

Interim Review

New foreign exporters requesting the review must not be related to any foreign exporter subject to the antidumping/countervailing duty

New Shipper's/ Accelerated Review

_ aggrieved and/or any interested party may file a petition for review with the Court of Tax Appeal within 30 days from receipt of notice of final ruling on imposition of anti-dumping / countervailing duty

Appeal

Trade remedy to protect the domestic industry against import surge

Safeguard Measure

Action plan indicating a set of quantified goals, specific programs, and timetables that a concerned industry commits to undertake in order to facilitate the industry's positive adjustment to import competition (e.g., adoption of improved technology, rationalization of production structures, etc.)

Adjustment Plan