(NAR) VOL.8 NO. 2 / APRIL - JUNE 1997
The principal issue in this particular case is whether the protested articles may be considered as Thai Products for purposes of applying the provisions of Section 301 of the TCC, as amended, considering the fact that the importer's documents show that the country of export is Singapore, the actual exporter being Yuan Guang Building Materials Pte., Ltd., Jurong, Singapore."CONCLUSIONA price difference has been shown between the HCV in Thailand, the country of origin, and the purchase price from Singapore the country of export. However, since the latter is not included in the protest, and therefore the HCV therein cannot be considered, the appropriate/relevant price difference as basis for dumping cannot be established. For this reason, the instant protest must fail." (TC Report, p. 13)
Data submitted to this Department by the Tariff Commission seem to point that protestant was hardly affected by the importation of the article subject hereof. Thus, the Commission reported."Based on the evidence presented, since the protested importations apparently entered the commerce of Singapore, the HCV-Thailand cannot be considered for comparison with the export price from Singapore in establishing the basic requirement of price difference.
"There is a provision in the Tariff Code which refers to a dumping protest where an intermediate country is involved. Section 301b(iii) provides that:
"In the case where products are not imported directly from the country of origin but are exported to the country of importance from an intermediate country, the fair value shall be the home consumption price in the country of origin or the country of export whichever is higher."
"It is our position that the afore-quoted provision can apply only if both the country of origin and the country of export are included in the protest, and their corresponding HCVs compared with each other and with the export price in the Philippines. In the present case, the protestant insisted that the involved country was only Thailand, thus excluding Singapore from its protest. It was only the country of origin, Thailand that was protested. Thus the said provision cannot be made to apply.
"The very basic requirement of price difference in a dumping protest has not been complied with in this case, For this reason the instant protest cannot prosper." (TC Report, pp. 6-7)
1. Price difference were computed between the purchase price from Singapore and the FMVs in Thailand of imported clear float glass. A summary is presented below.After going over the records of the case, we find no cogent reason to disturb the findings of the Tariff Commission.
Table 14. Summary of Price Differences (in US$/sq.ft.)2. From the evidence submitted, such as the SGS-CRFs and the commercial invoices of Yuan Guang Bldg. Materials Pte, Ltd. of Singapore, and in the absence of evidence to the contrary, indication is that the protested articles entered the commerce of Singapore.
Thickness Price Difference 2mm 0.125 3mm 0.235 0.245 5mm 0.6756mm
0.792
10mm 1.590 12mm 1.900
3. Since Singapore is not the protested country, the required price difference as basis for dumping can not be established.
4. Imports of clear float glass over the five-year period starting 1989 peaked in 1990, then declined until 1993.
5. Local production of clear float glass decreased in 1992 and 1993 due to an increase in the production of tinted float glass.
6. Local average production aggregating to 78,138 thousand net kilograms exceeded apparent consumption estimated at 43,567 thousand net kilograms. Based on these figures, the 10% requirement on supply was satisfactory.
7. While volume sales of clear float glass posted an increase in 1993, revenues from sales decreased.
8. In value terms, inventories of raw materials and goods in process expanded from 1992 to 1993. Finished goods inventory, on the other hand, contracted due to a decline in production accompanied by an increase in sales volume in 1993.
9. Total employment was generally increasing from 1991 to 1993 due mainly to a general expansion in the regular work force — both direct and indirect.
10. Republic-Asahi Glass Corporation posted a hefty increase in net income, from P4 million in 1992 to P101 million in 1993, due mainly from an increase in both net sales and other income." (TC Report, pp. 12-13)