www.pwc.com/tw DETERMINATION OF DUMPING Definition of Dumping • Introduction of a product into the commerce of another country • at a price (export price) • less than • the comparable price, in the ordinary course of trade, of a like product destined for consumption in the exporting country (normal value) Dumping Export Price < Normal Value Like Product • A product • which is identical, i.e., alike in all respects, to the product exported OR, if no such product • Another product, which although not alike in all respects, has characteristics closely resembling those of the product exported Like Product - AD DUMPED PRODUCT (EXPORTED PRODUCT) Calculate NV LIKE PRODUCT IN DOMESTIC MARKET OF EXPORTER Define scope of investigation, domestic industry, and Injury analysis LIKE PRODUCT IN IMPORTING COUNTRY Like Product – Why is it important? Because to determines: • which product will fall within the scope of the injury analysis and hence determines which domestic industry, allegedly suffering injury, will be investigated, and • which product in the domestic market of the exporting country will be used to determine the normal value. Normal Value Generally, the price of the like product when sold in the exporting country Normal Value NORMAL VALUE = • the comparable price • in the ordinary course of trade • for the like product • when destined for consumption in the exporting country Art. 2.1 Ordinary course of trade • No definition • Sales at prices below cost may be treated as NOT in the ordinary course of trade Rejection of domestic prices • there are no sales of the like product in the ordinary course of trade, OR • such sales do not permit a proper comparison because of: - a particular market situation; or - low volume of sales in the domestic market of the exporting country , i.e, less than 5% of investigated imports. Alternative for normal value Domestic prices in the exporting country Export price to a third country Note: no hierarchy between these two Constructed value in the exporting country Export price to a third country • The export price to a third country is: - the comparable price - of the like product - when exported to an appropriate third country - provided that this price is representative Constructed Value • Constructed value refers to the construction of a substitute for the domestic market price in the exporting country • Constructed value calculated as: - Cost of production in country of origin - plus reasonable amount for administrative, selling and general costs - and reasonable amount for profits 13 Domestic sales at prices below cost • Domestic sales (or sales to a third country) at prices below the cost of production plus sales, general and administrative costs (i.e., sales at prices below the total cost of production) - If the remaining domestic sales made in the ordinary course of trade are of insufficient volume, can reject and use alternatives (constructed NV or exports to third country) Art. 2.2.1 Sales below costs Domestic sales below cost may be disregarded only if such sales are made: • Within an extended period of time • In substantial quantities • At prices which do not provide for the recovery of all costs within a reasonable period of time - If prices costs/unit at date of sale, but weighted average costs/unit over the POI, considered to provide for recovery of costs within a reasonable period of time Extended period of time Normally: 1 year Never: 6 months Substantial quantities Substantial quantities = Weighted average selling price of the transactions consideration is the weighted average per unit costs under OR when the volume of sales at a loss represents 20% or more of the total volume sold Calculation of Costs Costs shall normally be calculated on the basis of records kept by the exporter, if: • Records kept in accordance with GAAP of exporting country • Reasonably reflect the costs of production and sale of product • Cost allocations have been historically utilized (especially for amortization / depreciation periods, capital allowances, other development costs) Calculation of costs and profit • RULE: The amounts for administrative, selling and general costs and for profits must be based on: - actual data - pertaining to production and sales of the like product - in the ordinary course of trade - by the exporter or producer under investigation Sales below costs Quantity 10 10 10 5 5 • • • • • Normal Value 60 90 120 140 160 Export Price 60 90 120 140 160 Cost 70 80 100 110 120 Reasons for Exclusion: 25% of the Domestic Sales>20% Normal Value Before Exclusion: 105 Normal Value After the Exclusion: 120 Export Price:105 NO dumping before exclusion, but dumping after the exclusion Constructed Normal Value Quantity 10 10 10 5 5 Total Normal Export Total NV Value Price 85.424 60 90 900 90 120 1200 120 140 700 140 160 800 160 3600 Cost 70 80 100 110 120 Total cost 800 1000 550 600 2950 • Constructed Normal Value: (Total NV-Total Cost)/Total Cost=Uplift Ratio (3600-2950)/2950=22% • Constructed Normal Value=70*(1+22%)=85.424 NV determination-Domestic sales • Domestic sales normally sufficient quantity if constitute 5% or more of the sales of the product to the importing country • Lower ratio should be acceptable if evidence demonstrates that domestic sales are still of sufficient magnitude to provide for a proper comparison Basis of Normal Value • Domestic price is used as basis for NV If not possible or unfair, then: • Export price to third country or • Constructed normal value Non-market economy • Special case - NV cannot be based on domestic market price in exporting country - considered unreliable, i.e., does not reflect market situation, due to Government role in setting prices - NV cannot be based on constructed value because of Government role in establishing input prices Non-market economy • No special methodology provided • a reasonable basis for comparison should be used • Large degree of discretion Export Price Normal case • The price of the exported product in the market of the importing country Alternative to export price • If there is no export price OR • Where it appears that the export price is unreliable because of association, or compensatory arrangement between the exporter and the importer Constructed export price • Constructed on basis of: - Price at which product is first sold to an independent buyer OR - If no such sales, or not sold in the condition as imported, on reasonable basis as the authorities may determine Adjustment to constructed EP • Basic approach: - Adjustments for costs incurred between import and resale, including duties and taxes - Adjustment for profits accruing • If price comparability affected: - Adjust NV to same level of trade as that of constructed EP - Adjust for conditions / terms of sale, taxation, qualities, physical characteristics, etc, as warranted Comparison between normal value and export price Fair Comparison For price comparison to be fair, a number of adjustments usually must be made to export price and/or normal value Fair Comparison • The comparison must be made with respect to sales - at the same level of trade, ◦ normally ex-factory level, and - as nearly as possible the same time Art. 2.4 Fair Comparison • Due allowance must be made for differences which affect price comparability, including differences in - conditions and terms of sale - taxation - quantities - physical characteristics - levels of trade, and - any other differences which are demonstrated to affect price comparability Fair Comparison • Must therefore ADJUST normal value and/or export price. • Exporters seek to increase export price, decrease normal value • Domestic industry seeks to decrease export price, increase normal value Fair Comparison NORMAL VALUE EXPORT PRICE ADJUSTMENTS ADJUSTED NORMAL VALUE ADJUSTMENTS ADJUSTED EXPORT PRICE Fair Comparison • Shall inform parties of information needed to ensure fair comparison (that is, evidence to substantiate claims for adjustments) • AND • Shall Not impose an unreasonable burden of proof on parties Adjustments Article 2.4 A fair comparison shall be made between the export price and the normal value. This comparison shall be made at the same level of trade, normally at the ex-factory level, and in respect of sales made at as nearly as possible the same time. WTO Agreement (Cont.) Article 2.4 (Cont.) A Due allowance shall be made in each case, on its merits, for differences which affect price comparability, including differences in conditions and terms of sale, taxation, levels of trade, quantities, physical characteristics, and any other differences which are also demonstrated to affect price comparability. Considerations • Affirmative Statements are used. • Beneficial v Adverse Adjustments. • Adjustments are not made for all known differences. • Adjustments are not always transaction specific. • Only for differences that affect price comparability. Some general advice • Adjustments can be complex and the outcomes contentious. • Consider the claim. • Examine the evidence. • Make a decision. • The outcome follows. Some more considerations • We often adjust prices by reference to cost differences. • What costs are relevant? • Have regard to the principles • Examine the evidence. • Make a judgement. Typical Adjustments • The starting point is the reported gross price. • The common deductions include: - Specification - Level of Trade - Transportation (Terms of Sale/Incoterms) - Rebate - Credit Term - Taxation (VAT/ Drawback) - Others (packaging….) Specification Adjustment - Question Domestic sales price = $2.00 Cost of Production of domestic product = $1.00 ie Gross mark - up on domestic sale price = 100% Cost of Production of exported product = $1.50 WHAT IS THE SPECIFICATION ADJUSTMENT? Specification Adjustment – Answer Cost of Production difference = $0.50 Value of cost difference = $0.50+($0.50*100%) Adjustment = $1.00 Normal Value = $3.00 SPECIFICATION ADJUSTMENT IS THE DIFFERENCEPLUS THE VALUE OF THE MARK UP. Specification Adjustment Quarter Cost to Make Comparable Domestic Model Cost to make Diff (5-3) Net net selling price Gross margin (7-5)/5 Spec adjust 6+(6*8) 1 2 3 4 5 6 7 8 9 1,041 1Q 265,943 870 268,323 2,380 421,623 0.57 -3,739 1,041 2Q 274,127 875 286,000 11,873 410,660 0.44 -17,048 1,041 3Q 243,708 875 256,453 12,745 382,450 0.49 -19,007 1,041 4Q 231,367 813 208,969 -22,398 284,412 0.36 30,484 1,050 1Q 256,974 870 268,323 11,349 421,623 0.57 -17,834 1,050 2Q 262,914 875 286,000 23,086 410,660 0.44 -33,148 1,050 3Q 250,835 875 269,904 19,069 414,052 0.53 -29,253 1,050 4Q 249,009 875 277,302 28,293 413,812 0.49 -42,221 Export model Levels of Trade Adjustment • Assuming domestic sales are shipped to end-users, while all export sales are shipped directly to distributors. Since the latter sales do not involve the provision of distribution services on the part of the exporter, they have a lower cost. • This amount is subtracted from the domestic price in order to arrive at what that price would have been had domestic sales been shipped directly to distributors. • Conversely, if domestic sales were shipped directly to distributors, and export sales were shipped to end-users, the adjustment (the difference in distribution costs) would be added to the domestic price with a view to arrive at the price of domestic sales to end-users. Levels of Trade Adjustment Example: • 500 direct customers in home market, 2 in importing country. • Additional selling expenses at USD 1 million are made in home market. • Value on like products in home market USD 200 Millions. • The adjustment would be 1/200=0.005 for each $. • The adjustment should be deducted from NV. Adjustment on Transportations Loading Preliminary Transportation Customs Clearance for Export Packing Handling Outbound Insurance International Transportation Unloading Final Transportation Customs Clearance Duties Handling Inbound Adjustments on Incoterms Loading Carriage Export Unloadin on Carriage Loading Carriage to place Import Import Incoterm customs g of truck vessel/ai (Sea/Air) Insuranc Unloadin on truck to port of of customs duties 2010 declarati in port of rplane in to port of e g in in port of export destinati clearance and taxes on export port of import import on export EXW Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer FCA Seller Seller Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer FAS Seller Seller Seller Buyer Buyer Buyer Buyer Buyer Buyer Buyer Buyer FOB Seller Seller Seller Seller Buyer Buyer Buyer Buyer Buyer Buyer CPT Seller Seller Seller Seller Seller Buyer Seller Buyer Buyer/ Seller Seller Buyer Buyer CFR Seller Seller Seller Seller Seller Buyer Buyer Buyer Buyer Buyer CIF Seller Seller Seller Seller Seller Seller Buyer Buyer Buyer Buyer CIP Seller Seller Seller Seller Seller Seller Seller Buyer/ Seller Seller Buyer Buyer DAT Seller Seller Seller Seller Seller Seller Buyer Buyer Buyer Buyer DAP Seller Seller Seller Seller Seller Seller Seller Seller Buyer Buyer DDP Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller Seller/ Buyer Seller/ Buyer Seller/ Buyer Buyer/ Seller Buyer/ Seller Adjustment on Rebates • A rebate is an amount paid by way of reduction, return, or refund on what has already been paid or contributed. • As most adjustments, rebates are generally paid out as a lump sum, and not sale-by-sale. • The source data for rebates can be either an aggregate figure or transaction-by-transaction. Transaction specific rebates have to be constructed by allocating the overall rebate to individual sales. • Any reasonable allocation method would work and just let the outcome follows. Adjustment on Rebates Example: • 500 direct customers in home market, 2 in importing country. No rebate for domestic market, but rebate for exporting market. • The rebate is customers specific, but not transaction specific. • Total rebate for A is USD 50K, for B is USD 60k. Sales to A is USD 2M, and for B is USD 2.3M. • The adjustment on rebate for A is 50K/2M=0.25; B:60l/2.3M=0.26. • $0.25 should be deducted each dollar sale to A, $0.26 should be deducted to each dollar sale to B. Adjustment on Credit Terms • Unlike transportation, rebates, and etc, credit expenses are implicit. Every time the exporter does not get paid upon delivery, credit expense incurs. • The cost of credit should be deducted from the gross price. • The cost of credit is calculated as the following: (The number of days outstanding/ 365)*annual interest rate applicable* gross price. Adjustment on Credit Terms The cost of credit is calculated using the following equation: ( ndo / ndy ) x i x gp where: • ndo = the number of days outstanding • ndy = the number of days in a year • i = the annual (nominal) interest rate applicable to the exporter during the POI • gp = the gross price. Adjustment on Credit Terms • The number of days outstanding may be taken from a variety of sources: it may be specific to the transaction concerned, it may be an average for the foreign buyer concerned, or even an average for all foreign buyers (domestic buyers in the case of normal value) purchasing the subject product. • The interest rate applied in the calculation of the credit expense can be either a borrowing rate or a deposit rate, depending on the facts at hand. Adjustment on Taxations: Drawback • Under an import duty drawback program, import duties paid on imports of inputs used for manufacturing exports get rebated. • The adjustment for import duty drawback simulates what domestic prices would have been had domestic sales benefited from this program, as export sales are assumed to have done. • The amount for duty drawback adjusted is therefore subtracted from the normal value. Note that while the duty drawback pertains to the export sale, it is calculated as an adjustment to normal value. Adjustment on Taxations: Drawback • The source data for duty drawbacks can be either an aggregate figure or transaction-by-transaction. Transaction specific duty drawbacks have to be constructed by allocating the overall drawback to individual sales. • Any reasonable allocation method would work and just let the outcome follows. Adjustment on Taxations: VAT • It is common that, as export sales are consumed abroad, they are exempt from sales taxes (for instance, the value added tax or VAT); however, the domestic sales are subject to sales taxes such as VAT. • VAT is generally at a fix percentage. • The adjustment for VAT simulates what domestic prices would had been had domestic sales been exempt from the VAT, as export sales were assumed to be. Therefore, the amount of VAT paid is subtracted from normal value. CALCULATING THE MARGIN OF DUMPING Calculating the Margin • Normal rule: Calculate an individual margin exporter/foreign producer of the dumped product for - that is, normal value, export price, adjustments, for each one each Calculating the Margin EXCEPTION: • if the number of exporters, importers or products is too large to examine all, may calculate margin for: - a statistically valid sample OR - largest percentage of volume of exports products which can reasonably be investigated • Any selection must be preferably made in consultation with the exporters / importers concerned General formula in calculating the margin ADJUSTED NORMAL VALUE ADJUSTED EXPORT PRICE MARGIN OF DUMPING ADJUSTED EXPORT PRICE Calculating the margin of dumping • Three methods for calculating the margin: COMPARE - normal value per transaction to export price per transaction - weighted average normal value to weighted average export price - weighted average normal value to export price per transaction ◦ limited circumstances - pattern of export prices differs among purchasers, regions, time periods, and must explain Calculating the margin of dumping • normal value per transaction to export price per transaction Quantity 10 10 10 5 5 Normal Value 60 90 120 140 160 Export Price 60 90 120 140 160 Cost 70 80 100 110 120 Dumping N/A N/A N/A N/A N/A Calculating the margin of dumping • weighted average normal value to weighted average export price Quantity 10 10 10 5 5 Weighted Average Normal Value Export Price 60 90 120 140 160 60 90 120 140 160 105 105 Cost Dumping 70 80 100 110 120 N/A Calculating the margin of dumping • weighted average normal value to to export price per transaction Quantity 10 10 10 5 5 WA NV 105 Export Price 60 90 120 140 160 Cost 70 80 100 110 120 Dumping Yes Yes N/A N/A N/A Calculating the margin of dumping • with Constructed Normal Value Quantity 10 10 10 5 5 Weighted Average Normal Value Export Price Cost 85.425 90 120 140 160 60 90 120 140 160 111.36 105 70 80 100 110 120 Dumping Yes N/A N/A N/A N/A Yes Constructed Normal Value: (Total NV-Total Cost)/Total Cost=Uplift Ratio Uplift Ratio* cost=Constructed NV (70*(1+22%)). Weighted Average Export Price Number Date Adjusted Qty of Sale A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 of Sale B 07/01/2013 08/01/2013 21/01/2013 22/01/2013 07/02/2013 08/02/2013 21/02/2013 22/02/2013 07/03/2013 08/03/2013 21/03/2013 22/03/2013 07/04/2013 08/04/2013 21/04/2013 22/04/2013 07/05/2013 08/05/2013 21/05/2013 22/05/2013 07/06/2013 08/06/2013 MT C 19 20 18.5 19.5 18 19 17.5 18.5 17 18 16.5 17.5 16 17 15.5 16.5 15 16 14.5 15.5 14 15 Export Price $/MT D 444 446 439 443 434 441 429 438 424 435 419 426 414 417 409 409 404 401 400 393 395 387 Share of Each Sale in Total Volume % E 2.9 3 2.8 3 2.7 2.9 2.7 2.8 2.6 2.7 2.5 2.7 2.4 2.6 2.3 2.5 2.3 2.4 2.2 2.3 2.1 2.3 23 21/06/2013 13.5 24 22/06/2013 14.5 25 07/07/2013 13 26 08/07/2013 14 27 21/07/2013 12.5 28 22/07/2013 13.5 29 07/08/2013 12 30 08/08/2013 13 31 21/08/2013 11.5 32 22/08/2013 12.5 33 07/09/2013 11 34 08/09/2013 12 35 21/09/2013 10.5 36 22/09/2013 11.5 37 07/10/2013 10 38 08/10/2013 11 39 21/10/2013 9.5 40 22/10/2013 10.5 41 07/11/2013 9 42 08/11/2013 10 43 21/11/2013 8.5 44 22/11/2013 9.5 45 07/12/2013 8 46 08/12/2013 9 47 21/12/2013 7.5 48 22/12/2013 8.5 Total Quantity: 660 Weighted Average Export Price: 390 381 385 376 380 367 375 363 370 361 365 357 360 354 355 351 350 347 345 343 340 339 335 337 330 334 395 2 2.2 2 2.1 1.9 2 1.8 2 1.7 1.9 1.7 1.8 1.6 1.7 1.5 1.7 1.4 1.6 1.4 1.5 1.3 1.4 1.2 1.4 1.1 1.3 Weighted Average Normal Value Number Date Adjusted Qty of Sale A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 of Sale B 03/01/2013 04/01/2013 05/01/2013 17/01/2013 18/01/2013 19/01/2013 03/02/2013 04/02/2013 05/02/2013 17/02/2013 18/02/2013 19/02/2013 03/03/2013 04/03/2013 05/03/2013 17/03/2013 18/03/2013 19/03/2013 03/04/2013 04/04/2013 MT C 35 25 15 34.5 24.5 14.5 34 24 14 33.5 23.5 13.5 33 23 13 32.5 22.5 12.5 32 22 Export Price $/MT D 452 451 450 447 446 446 443 442 441 438 437 436 434 433 432 429 428 427 424 423 Share of Each Sale in Total Volume % E 4.7 3.4 2 4.6 3.3 2 4.6 3.2 1.9 4.5 3.2 1.8 4.4 3.1 1.8 4.4 3 1.7 4.3 3 21 05/04/2013 12 423 1.6 22 17/04/2013 31.5 420 4.2 23 18/04/2013 21.5 419 2.9 24 19/04/2013 11.5 418 1.5 25 03/05/2013 31 415 4.2 26 04/05/2013 21 414 2.8 27 05/05/2013 11 413 1.5 28 17/05/2013 30.5 411 4.1 29 18/05/2013 20.5 410 2.8 30 19/05/2013 10.5 409 1.4 31 03/06/2013 30 406 4 32 04/06/2013 20 405 2.7 404 1.3 33 05/06/2013 10 Total Quantity: 743 Weighted Average Normal Value: 429 Dumping Margins Weighted Avg. Normal Value Against a Weighted Avg Export Price Weighted Average Weighted Average Dumping Margin Dumping Margin Export Price Normal Value in Absolute Terms in Percentage Terms $/MT $/MT $/MT % A B C=B-A D = C / A x 100 395 429 34 8.66 Calculation of the Dumping Margin for the Subject Merchandise Weighted Average Weighted Dumping Shares in Total Product Average Margin in Volume Exported Code Normal Percentage during POI Export Price Value Terms $/MT $/MT % D=C-B/B A B C E x 100 A 395 429 8.66 40% B 424 414 -2.36 20% C D E 408 420 402 425 416 454 4.17 -0.95 12.94 3% 5% 15% F 440 440 0 2% G 410 415 1.22 4% H 401 408 1.75 3% I 402 437 8.71 3% J 409 440 Weighted Average Dumping Margin: 7.58 5% 5.75 Dumping Margin by Individual NV to Individual EP Date of Export Sale Exported Adjusted Date Adjusted Dumping Margin Shares in of Sale Normal Value in Percentage Terms Export Volume $/MT % % Qty Export Price MT $/MT A B C D E F = E - C / C × 100 G 07/01/00 08/01/00 21/01/00 22/01/00 07/02/00 08/02/00 21/02/00 22/02/00 07/03/00 08/03/00 21/03/00 22/03/00 07/04/00 08/04/00 21/04/00 22/04/00 07/05/00 08/05/00 21/05/00 22/05/00 07/06/00 08/06/00 19 20 18.5 19.5 18 19 17.5 18.5 17 18 16.5 17.5 16 17 15.5 16.5 15 16 14.5 15.5 14 15 444 415 439 410 434 405 429 400 424 395 419 390 414 385 409 380 404 375 400 370 395 365 05/01/00 05/01/00 19/01/00 19/01/00 05/02/00 05/02/00 19/02/00 19/02/00 05/03/00 05/03/00 19/03/00 19/03/00 05/04/00 05/04/00 19/04/00 19/04/00 05/05/00 05/05/00 19/05/00 19/05/00 05/06/00 05/06/00 450 450 446 446 441 441 436 436 432 432 427 427 423 423 418 418 413 413 409 409 404 404 1.4 8.6 1.5 8.8 1.6 9 1.7 9.2 1.8 9.4 1.9 9.6 2 9.9 2.1 10.1 2.2 10.3 2.3 10.5 2.5 10.8 2.9 3 2.8 3 2.7 2.9 2.7 2.8 2.6 2.7 2.5 2.7 2.4 2.6 2.3 2.5 2.3 2.4 2.2 2.3 2.1 2.3 21/06/00 22/06/00 07/07/00 08/07/00 21/07/00 22/07/00 07/08/00 08/08/00 21/08/00 22/08/00 07/09/00 08/09/00 21/09/00 22/09/00 07/10/00 08/10/00 21/10/00 22/10/00 07/11/00 08/11/00 21/11/00 22/11/00 07/12/00 08/12/00 21/12/00 22/12/00 13.5 14.5 13 14 12.5 13.5 12 13 11.5 12.5 11 12 10.5 11.5 10 11 9.5 10.5 9 10 8.5 9.5 8 9 7.5 8.5 Total Quantity: 660 390 360 385 355 380 350 375 345 370 340 365 335 360 330 355 325 350 320 345 315 340 310 335 305 330 300 19/06/00 19/06/00 05/07/00 05/07/00 19/07/00 19/07/00 05/08/00 05/08/00 19/08/00 19/08/00 05/09/00 05/09/00 19/09/00 19/09/00 05/10/00 05/10/00 19/10/00 19/10/00 04/11/00 04/11/00 18/11/00 18/11/00 04/12/00 04/12/00 18/12/00 18/12/00 Weighted Average Dumping Margin: 415 415 410 410 410 410 405 405 405 405 400 400 400 400 395 395 395 395 390 390 390 390 385 385 385 385 6.4 15.2 6.5 15.4 7.9 17 8 17.3 9.4 19 9.5 19.2 11 21 11.2 21.4 12.8 23.2 13 23.6 14.6 25.5 14.8 25.9 16.5 28 10.03 2 2.2 2 2.1 1.9 2 1.8 2 1.7 1.9 1.7 1.8 1.6 1.7 1.5 1.7 1.4 1.6 1.4 1.5 1.3 1.4 1.2 1.4 1.1 1.3 Amount of duty • NO MORE THAN THE MARGIN OF DUMPING • NO MORE THAN THE AMOUNT OF SUBSIDY, CALCULATED PER UNIT OF THE PRODUCT EXPORTED Modalities of Duty • Ad valorem duty - % of customs value • Specific duty - amount per unit • Variable duty shipment concerned - NV (POI) - export price of De minimis dumping • If the margin of dumping for a producer is less than 2 % of export price, it is considered de minimis • No remedy allowed for de minimis dumping Negligible imports • Imports from a country that are less than 3% of the total volume of imports of the like product are considered negligible • unless imports which individually are negligible collectively account for more than 7% of total volume of imports • No remedy allowed for negligible imports Thank you! This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, PricewaterhouseCoopers Taiwan, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it. © 2016 PricewaterhouseCoopers Taiwan. All rights reserved. In this document, “PwC” refers to PricewaterhouseCoopers Taiwan which is a member firm of PricewaterhouseCoopers International Limited, each member firm of which is a separate legal entity.
© Copyright 2026 Paperzz