| CONTACT: |
| Supreme Court of the Philippines Library Services, Padre Faura, Ermita, Manila, Philippines 1000 |
| (632) 8524-2706 |
| libraryservices.sc@judiciary.gov.ph |
(NAR) VOL. 22 NO. 2, APRIL - JUNE 2011
[ BOC CUSTOMS MEMORANDUM ORDER NO. 41-2010, October 19, 2010 ]
DTI ORDER ON THE ANTI-DUMPING CASE ENTITLED “IN THE MATTER OF THE REPORT OF FINDINGS ON THE ANTI-DUMPING PROTEST AGAINST THE IMPORTATION OF MOSQUITO COILS FROM INDONESIA, GREEN COIL INDUSTRIES, PROTESTANT”
Pursuant to the 2nd Indorsement dated 27 September 2010 of Undersecretary Carlo A. Carag, Revenue Operations and Legal Affairs Group, Department of Finance, in connection with the dismissal of anti-dumping case in the importation of Mosquito Coils from Indonesia and the immediate release of the cash bond to the importer, relative to the letter dated 20 August 2010, of Secretary Gregory L. Domingo, Department of Trade and Industry, on the attached DTI Order re: “In the Matter of the Report of Findings on the Anti-Dumping Protest Against the Importation of Mosquito Coils from Indonesia, Green Coil Industries, Protestant”, the dispositive portion is quoted hereunder:
Paragraph (I), Section 301 of the Tariff and Customs Code of the Philippines, (TCCP), and Section 16 (e) of its IRR of RA 8752 (anti-dumping Act of 1999) provides that ‘in case of a negative finding by the Commission, the Secretary shall issue, through the Secretary of Finance, after lapse of the period for the petitioner to appeal to the Court of Tax Appeals, and order for the Commissioner of Customs to immediately release the cash bond to the importer. All parties concerned shall also be duly notified of the dismissal of the case’. Pursuant to this provision, the Department of Trade and Industry hereby issues and order dismissing the anti dumping case against mosquito coils from Indonesia because the calculated dumping margin is below the de minimis threshold or less than 2% of export price.
The DTI shall request the Bureau of Customs through the Secretary of Finance, the Immediate release of the cash bond to the importer.
The Order shall be effective from the date of the issuance by the Bureau of Customs of the relevant Customs Memorandum Order (CMO) or 15 days after the publication of this Order in two (2) newspapers of general circulation, whichever comes earlier.
Let this Order be published in two (2) newspaper of general circulation and let individual copies be sent to all interested parties including the country member concerned.
So Ordered”
In view of the foregoing, it is hereby ordered that the imposition of the provisional anti-dumping duty on the importation of Mosquito Coils from Indonesia is terminated and the cash bond posted be immediately released to the importer.
For strict compliance.
Adopted: 19 October 2010
(SGD.) ANGELITO A. ALVAREZ
Commissioner
“In view of the foregoing, the existence of dumping not having been established the commission recommended the dismissal of the anti-dumping case against the importation of Mosquito Coils from Indonesia.”
Paragraph (I), Section 301 of the Tariff and Customs Code of the Philippines, (TCCP), and Section 16 (e) of its IRR of RA 8752 (anti-dumping Act of 1999) provides that ‘in case of a negative finding by the Commission, the Secretary shall issue, through the Secretary of Finance, after lapse of the period for the petitioner to appeal to the Court of Tax Appeals, and order for the Commissioner of Customs to immediately release the cash bond to the importer. All parties concerned shall also be duly notified of the dismissal of the case’. Pursuant to this provision, the Department of Trade and Industry hereby issues and order dismissing the anti dumping case against mosquito coils from Indonesia because the calculated dumping margin is below the de minimis threshold or less than 2% of export price.
The DTI shall request the Bureau of Customs through the Secretary of Finance, the Immediate release of the cash bond to the importer.
The Order shall be effective from the date of the issuance by the Bureau of Customs of the relevant Customs Memorandum Order (CMO) or 15 days after the publication of this Order in two (2) newspapers of general circulation, whichever comes earlier.
Let this Order be published in two (2) newspaper of general circulation and let individual copies be sent to all interested parties including the country member concerned.
So Ordered”
In view of the foregoing, it is hereby ordered that the imposition of the provisional anti-dumping duty on the importation of Mosquito Coils from Indonesia is terminated and the cash bond posted be immediately released to the importer.
For strict compliance.
Adopted: 19 October 2010
Commissioner