(NAR) VOL.8 NO. 2 / APRIL - JUNE 1997
WHEREAS, the dumping case under consideration in the Tariff Commission stemmed when the respondent ASA Metal Products, Inc., imported hubless pipes and fittings from Canada on April 15, 1994 purposely to be used as pattern and samples for comparison as the company will be engaged in the manufacture of hubless pipes locally.
WHEREAS, in view of this importation protestant Filipino Pipes and Foundry Corporation filed an anti-dumping protest on September 1, 1994 pursuant to Section 301 of the Tariff and Customs Code with the Department of Finance against Canada.
WHEREAS, on the basis of the submission of the parties, a prima facie case of dumping was established. A directive dated December 19, 1994 was issued to the Commission (sic) of Customs not to release any pending or subsequent shipment of the said articles unless a bond in an amount equal to twice the estimated dutiable value thereof is given, and instructed the Tariff Commission to conduct investigation including public hearing to determine whether such importation caused injury (sic) to the local industry.
WHEREAS, in the public hearing held on March 01, 1996, Commissioner Anthony A. Abad informed the parties that the Commission is giving the opportunity for them to discuss the possibility of amicably setting the case or a price undertaking wherein the parties get together to consider the price adjustment on the imported product and have the case dismissed.
WHEREAS, in response to the offer for amicable (sic) or a price undertaking, the parties met and discussed the matter having in mind the early adjudication of the case and more importantly, for the best interest of the Association, Philippine Metal casting Association, which are (sic) both members in good standing.
WHEREAS, the respondent agreed that the fair value of hubless pipes and fittings be upgraded and the protestant, in turn, is willing to have the case withdrawn.
WHEREAS, the parties agreed that the fair value of hubless pipes and fittings be upgraded from 94 cents per kilo to $2.40 per kilo CIF.
WHEREAS, if the agreement is approved together with the upgraded valuation, protestant is withdrawing the anti-dumping protest filed against the importation of hubless pipes and fittings from Canada and the protestee would refrain from importing therefrom. Any violation of this agreement (sic) the protestant is given the right to file necessary motion in Court or Administrative Body.
WHEREFORE, this agreement which is duly signed by the parties and witnesses, (sic) is being submitted to the Honorable Commission for approval. Should any provision thereof appear not acceptable to the Commission and an alternative proposal is made thereon, the parties should be informed so that counter proposal thereto can be submitted for further consideration.
July 12, 1996, Quezon City, Philippines
(Sgd.) Filipino Pipe and Foundry Corporation (Sgd.) ASA Metal Products, Inc
the joint resolution between the parties hereto is hereby approved. Accordingly, the instant protest is hereby dismissed, subject to the terms and conditions contained in the joint manifestation of the parties.
"Section 10. Compromise and Arbitration. — To expedite administrative proceedings involving conflicting rights or claims and obviate expensive litigations, every agency shall, in the public interest, encourage amicable settlement, compromise and arbitration."