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.
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