The Department of Trade and Industry (DTI) has issued a new Department Administrative Order (DAO) adjusting the earlier imposition of definitive anti-dumping duty on imported cement from Vietnam following the filing of motion for reconsideration by affected parties.  

 

DAO No. 23-01 Series of 202 Anti-Dumping Measure against importations of Ordinary Portland Cement Type 1 (AHTN 2017 subheading no. 2523.29.90) and Blended Cement Type 1P (AHTN 2017 subheading no. 2523.90.00) from Vietnam issued on Feb. 14 and signed by DTI Secretary Alfredo E. Pascual superseded the DAO No. 22-17 issued on Dec. 16, 2022.

 

Under the new DAO, the definitive anti-dumping duties shall be imposed for a period of five years on imports of Ordinary Portland Cement Type 1 (AHTN 2017/2022 Subheading No. 2523.29.90) and Blended Cement Type 1P (AHTN 2017/2022 Subheading No. 2523.90.00) originating from Vietnam.

 

DAO 23-01 also stated that “All Others” Rates shall be applied to foreign exporters who did not make themselves known to the Commission, (2) did not cooperate sufficiently during the formal investigation, and (3) new foreign exporters who have not exported subject articles to the Philippines during the POI.

 

However, for those exporters or producers in Viet Nam who have not exported Type 1 and Type 1P cement to the Philippines during the POI (2017-2021), their individual margins of dumping may be determined following a review pursuant to Section 3 (n) of RA 8752 and elaborated under Section 18 (g) of the IRR (New Shippers Review).

 

The said review shall be initiated and carried out on an accelerated basis, provided that such exporters or producers can show that they are not related to any of the exporters or producers in Viet Nam who are subject to anti-dumping duties on their aforementioned product. An application must be submitted to the Commission in writing containing a description of the foreign exporter’s product and the basis of the request.

 

On the other hand, the DAO also noted that pursuant to Section 3(o) of RA 8752 and 19 (c) of its Implementing Rules and Regulations provides that an interim review may be conducted to review the continued imposition of the anti-dumping duty.

 

Investigation on exporters determined to have a de minimis and/or negative dumping margins was also terminated.

 

With the termination of investigation on the exporters listed under Annex “B,” no anti-dumping duty, even at zero (0%) rate, shall be imposed on their exports of subject articles to the Philippines. The “All Others’ Rates” shall likewise, not be applied to them. The said identified exporters are thus, excluded from the

 

Accordingly, cash bonds deposited/paid by exporters (Annex “C”) that are listed under Annex “B,” but with previously determined provisional anti-dumping duties under DTI DAO No. 21-07, Series of 2021, and BOC Customs Memorandum Order No. 38-2021, shall be returned immediately upon the effectivity of the instant Department Administrative Order.

 

On the cash bond deposited/paid by Vicem Hai Phong Cement Company Limited as a provisional anti-dumping duty which is in excess of the anti-dumping duty assessed, the DAO said that the remainder or the amount of $0.27/MT on its total exports from the effectivity of CMO No. 38-2021 until expiry on 20 April 2022 shall likewise, be returned immediately upon the effectivity of this Department Administrative Order.

 

The earlier DAO has identified 11 Vietnamese exporters for dumping cement into the country. The anti-dumping duty, which is company specific, ranges from $1.61 per ton to a high of $16.42/t of imported cement from the identified firms. All other exporters that were not identified have rates of $10.29/t to $16.42/t.

 

Source: Manila Bulletin