FORMAL INVESTIGATION REPORT ON THE EXPIRY REVIEW OF THE
DEFINITIVE ANTI-DUMPING DUTIES ON IMPORTATIONS OF SODIUM TRIPOLYPHOSPHATES
(AHTN Subheading No. 2835.31.00) FROM THE PEOPLE’S REPUBLIC OF CHINA

(Expiry Review No. 06-01)

On October 28, 2005, the Commission received a petition from CAWC, Inc. (the former Chemphil Albright and Wilson Corporation) for a review of the current anti-dumping duties and extension of the period of imposition from three (3) years to five (5) years on the ground that said anti-dumping duties are inadequate, insufficient and ineffective to stop the injury-causing entry of dumped STPP from PROC.

Lacking a collegial body then, the Commission could not act on CAWC’s petition. With the eventual constitution of a full collegial body and considering the impending termination of the three (3)-year extension of the anti-dumping duties on June 9, 2007, the Commission initiated an expiry review on October 26, 2006 pursuant to Section 19.b (Duration and Review of the Anti-Dumping Duty) of the IRRs of R.A. 8752.

Verification of CAWC’s accounting records was done by the Commission’s technical staff on January 19, 2007. Ocular inspection of the company’s plant facilities was conducted on January 24, 2007.

On May 28, 2007, the Commission issued a staff report on its determination of continuation or recurrence of dumping. Interested parties were furnished said report to comment on.

On June 8, 2007, CAWC, Inc. wrote to inform the Commission about a Purchase Agreement for the Supply of STPP and a Memorandum of Agreement on mutual assistance signed by the company with Procter & Gamble Distributing (Philippines), Inc. and the Soap and Detergent Association of the Philippines, respectively. CAWC, Inc. also gave notice about the withdrawal of its petition for expiry review of the definitive anti-dumping duties on STPP.

At the public consultation held on June 13, 2007, CAWC, Inc. formally withdrew its petition for the expiry review. Acting on the manifestation, the Commission terminated the expiry review.

Following the conclusion of the expiry review, the anti-dumping duties on STPP, that were set to expire on June 9, 2007 but have remained in force pending the outcome of the review, now need to be effectively lifted. Section 19.b of the IRRs of R.A. 8752 states:

"The duration of the definitive anti-dumping duty shall not exceed five (5) years from the date of its imposition, or from the date of the most recent review if that review has covered both dumping and injury, unless the Commission has determined, in a review initiated before that date on their own initiative or upon a duly substantiated request made by or in behalf of the domestic industry at least six (6) months prior to the termination date, that the termination of the anti-dumping duty will likely lead to the continuation or recurrence of dumping and injury. The anti-dumping duty shall remain in force pending the outcome of such an expiry review." (Underscoring supplied) In light of the foregoing, the Commission hereby recommends the issuance of a Department Order by the Secretary of the Department of Trade and Industry for the immediate termination of the imposition of the anti-dumping duties on STPP.

June 22, 2007


MARILOU P. MENDOZA
Acting Commissioner
Presiding Officer