On April 20th, 2021, Department of Trade and Industry of the Philippines (DTI) has issued the notice of initiation of an investigation on the application for an anti-dumping duty on cement from Viet Nam (AD case no. AD01-2021). Request for investigation on application for an anti-dumping is the most international trade remedy under WTO Agreement which Vietnam company should hire local international trade lawyers to respond to authority in the Philippines.
According to the notice,
DTI has officially received properly documented applications from Cemex
Philippines, Holcim Philippines, Inc., and Republic Cement Builders and
Building Materials, Inc., for the initiation of an anti-dumping investigation
on cement from Viet Nam. These companies’ output of like product constitutes
70% of the total domestic production of cement. The applications allege that
cement products are being imported from Viet Nam at dumped prices which cause
material injury to the local industry.
The Department acting
under Section 3 (a) of RA8752, the Philippines Anti-Dumping Act of 1999,
reviewed the evidence adduced in the applications and has determined the
existence of sufficient evidence to justify the initiation of an investigation.
The products covered by the investigation are cement classified under AHTN
Codes 2523.2990 and 2523.9000. The period of investigation (POI) for dumping is
from July 2019 to June 2020, while the POI for injury is from 2017 to June
2020. For 2019 (July to December), dumping margins are alleged to range from
US$1.75/MT to US$5.36/MT or 3.49% to 10.66%; For 2020 (January to June), the
dumping margins are alleged to range from US$1.66/MT to US$6.54/MT or 3.31% to
14.46%.
Interested parties are
invited to submit their comments, evidences, and information or reply to the
questionnaire to dispute the allegations contained in the application.
Submissions are made within thirty (30) days from receipt of the notice.
It should be noted that
all uncooperative behaviors or insufficient cooperation will lead to the result
that the Investigating Body will use adverse available evidence or apply
anti-dumping duty proposed by the applications. In case of being applied
anti-dumping duty, competitive advantage will decline, which results in the
risk of losing a part or the whole export market to domestic manufacturing
industry of the Philippines and/or competitors from other countries.
ANT Lawyers is a law firm in Vietnam,
recognized by Legal500, IFLR1000. We are an exclusive Vietnam member of Prea
Legal, the global law firm network covering more than 150 jurisdictions. The
firm provides a range of legal services to multinational and domestic clients.
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