What are the elements of dumping?

09/05/2024 04:02 - 1 Views

There are four (4) elements of dumping, namely:

 

●    Like Product - product produced by the domestic industry which is identical or alike in all respects to the article under consideration, or in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration.


●    Price Difference - amount by which the normal value (the price prevailing in the exporting country) exceeds the export price (selling price to an importer in the Philippines).


●    Injury - means material injury to a domestic industry, threat of material injury or material retardation of the establishment of a domestic industry. Injury test must be based on positive evidence and shall involve an objective examination of both (a) the volume of the dumped imports and the effect of dumped imports on prices in the domestic market for like product, and (b) the consequent impact of these imports on the domestic producers of such products.


●    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. It must be clear that the injury suffered is directly attributable to the alleged dumping.

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